spirit of conciliation and harmony, and which neither justice nor sound principle would ever have exacted of her.
The most defective part of the Federal Constitution, beyond all question, is that which relates to the executive department. It is impossible to read that instrument, without being forcibly struck with [ *117 ]*the loose and unguarded terms in which the powers and duties of the President are pointed out. So far as the legislature is concerned, the limitations of the Constitution are, perhaps, as precise and strict as they could safely have been made; but in regard to the executive, the convention appear to have studiously selected such loose and general expressions, as would enable the President, by implication and construction, either to neglect his duties, or to enlarge his powers. We have heard it gravely asserted in congress, that whatever power is neither legislative nor judiciary, is, of course, executive, and, as such, belongs to the President, under the Constitution! How far a majority of that body would have sustained a doctrine so monstrous, and so utterly at war with the whole genius of our government, it is impossible to say; but this, at least, we know, that it met with no rebuke from those who supported the particular act of executive power, in defence of which it was urged. Be this as it may, it is a reproach to the Constitution, that the executive trust is so ill-defined, as to leave any plausible pretence, even to the insane zeal of party devotion, for attributing to the President of the United States the powers of a despot; powers which are wholly unknown in any limited monarchy in the world.
It is remarkable that the Constitution is wholly silent in regard to the power of removal from office. The appointing power is in the President and senate; the President nominating, and the senate confirming; but the power to remove from office seems never to have been contemplated by the convention at all, for they have given no directions whatever upon the subject. The consequence has been precisely such as might have been expected, a severe contest for the possession of that power, and the ultimate usurpation of it, by that department of the government to which it ought never to be entrusted. In the absence of all precise directions upon the subject, it would seem that the power to remove ought to attend the power to appoint; for
