In the Senate the clause in the bill affirming the
power was carried by the casting vote of the Vice-President. That the
final decision of this question so made was greatly influenced by the
exalted character of the President then in office was asserted at the
time and has always been believed; yet the doctrine was opposed as well
as supported by the highest talents and patriotism of the country. The
public have acquiesced in this decision, and it constitutes, perhaps,
the most extraordinary case in the history of the Government of a power
conferred by implication on the Executive by the assent of a bare
majority of Congress which has not been questioned on many other
occasions.
The commentator adds:
Nor is this general acquiescence and silence without a satisfactory
explanation.
Chancellor Kent's remarks on the subject are as follows:
On the first organization of the Government it was made a question
whether the power of removal in case of officers appointed to hold
at pleasure resided nowhere but in the body which appointed, and, of
course, whether the consent of the Senate was not requisite to remove.
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