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It is not
here said "by removal of the President," as is done with respect to the
heads of the other Departments, yet there can be no doubt that he holds
his office with the same tenure as the other Secretaries and is
removable by the President. The change of phraseology arose, probably,
from its having become the settled and well-understood construction of
the Constitution that the power of removal was vested in the President
alone in such cases, although the appointment of the officer is by the
President and Senate. (13 Peters, p. 139.)
Our most distinguished and accepted commentators upon the Constitution
concur in the construction thus early given by Congress, and thus
sanctioned by the Supreme Court. After a full analysis of the
Congressional debate to which I have referred, Mr. Justice Story comes
to this conclusion:
After a most animated discussion, the vote finally taken in the House
of Representatives was affirmative of the power of removal in the
President, without any cooperation of the Senate, by the vote of 34
members against 20.


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