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Lodge, Henry Cabot, 1850-1924

"Daniel Webster"

With the exception of Hamilton, Mr. Webster is the only
statesman in our history who was capable of such a performance on such a
subject, when a thorough knowledge had to be united with all the resources
of debate and all the arts of the highest eloquence.
The most important speech of all was that delivered in answer to Jackson's
"Protest," sent in as a reply to Mr. Clay's resolutions which had been
sustained by Mr. Webster as chairman of the Committee on Finance. The
"Protest" asserted, in brief, that the Legislature could not order a
subordinate officer to perform certain duties free from the control of the
President; that the President had the right to put his own conception of
the law into execution; and, if the subordinate officer refused to obey,
then to remove such officer; and that the Senate had therefore no right to
censure his removal of the Secretary of the Treasury, in order to reach the
government deposits. To this doctrine Mr. Webster replied with great
elaboration and ability. The question was a very nice one. There could be
no doubt of the President's power of removal, and it was necessary to show
that this power did not extend to the point of depriving Congress of the
right to confer by law specified and independent powers upon an inferior
officer, or of regulating the tenure of office.


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