tions were sent to the National Congress by citizens from the Free States, now settling in the Territory.

For four years, the Slave Party agitated the repeal of this Ordinance; but, by the well timed interposition of the friends of freedom, the extensive territory, out of which the States of Illinois, Michigan, Indiana, and Wisconsin were formed, was dedicated to Freedom.

CHAPTER VI.

MEETING OF FIRST CONGRESS UNDER THE CONSTITUTION.-GEORGE WASHINGTON ELECTED PRESIDENT.-JOHN ADAMS VICE-PRESIDENT.-VOTE AT THE ELECTION.-FIRST BUSINESS OF CONGRESS. - POWERS OF THE PRESIDENT TO REMOVE FROM OFFICE. — -DEBATES UPON THE POWERS OF THE PRESIDENT.-TENURE OF CIVIL OFFICE.-AMENDMENTS TO THE CONSTITUTION.

THE first Congress under the Constitution met at New York, on the 4th day of March, 1789; but not until the 1st of April was a quorum present, and no quorum of the Senate until the 6th. On this day, the credentials of the members present being read and ordered on file, the Senate proceeded by ballot to the choice of a President to preside over that body, for the sole purpose of opening and counting the votes for President of the United States. John Langdon was elected.

The Members of Congress and the Senate assembled in the Senate Chamber, and proceeded to count the vote of the Electors for President and Vice-President of the United States, which was as follows: George Washington, 69; John Adams, 34; Samuel Huntington, 2; John Jay, 9; John Hancock, 4; Robert H. Harrison, 6; George Clinton, 3; John Rutledge, 6; John Milton, 2; James Armstrong, 1; Edward Telfair, 1; Benjamin Lincoln, 1.

George Washington having received all the votes cast, and John Adams the next highest number, were declared President and Vice-President of the United States; and on the 30th of April, the President and Vice-President, attended by the Members of Congress, were joined by the Senators; the Chancellor of New

York administered to the President the constitutional oath of office, concluding with, "Long live George Washington, President of the United States."

The President, having taken his seat, after a brief pause, proceeded to deliver his Inaugural Address.

The wheels of the new Government were being fast put into motion. But, so far, the Union consisted of only eleven States. Georgia had not yet ratified the National Constitution, and Rhode Island had neither sent delegates to the Convention, nor made any move toward entering the Union; so that Rhode Island and Georgia were foreign nations, and were now acknowledged as such, by Congress passing special laws exempting their goods-the growth or manufacture of these States-from foreign duty, and their vessels to be entered on the same privileges as those of the United States, until the 15th of January, 1790. Georgia and Rhode Island subsequently adopted the Constitution, and became members of the Union. (See States, Appendix.)

The first business attended to was the rates of tariff on imports, and the presentation of the application of the Legislature of Virginia, proposing amendments to the Constitution, which brought on a warm debate upon the constitutional manner of proposing and enacting such amendments. The next subject demanding constitutional application was the question raised upon the appointment and removal of the heads of the three departments created by the Congress-the department of State, of the Treasury, and of War; and upon the question now raised, as to whether the power rested in the President alone to remove the heads of these departments, or whether, as in their appointments, the concurrence of the Senate was necessary, involved the same principles

and inquiry that have agitated the executive and legislative departments of the National Government, upon the removal of Mr. Stanton, Secretary of War, by the Executive alone, during the session of the fortieth Congress, and while the Senate was still in session.

The differences of opinion entertained and expressed in this first Congress, upon this vital question, have been happily settled by the legislative department of the nation defining and regulating the powers, and the manner of removal from civil office, by the law passed at the second session of the thirty-ninth Congress, known as the Tenure of Office Bill. This law settles the question of removal, in making it imperative upon the same power that appoints to remove-namely, the President, by and with the consent and advice of the Senate. Below are the leading features of this law:

SECTION 1. Persons holding, or appointed to any civil office by and with the advice and consent of the Senate, shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified. The Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General and the Attorney-General, shall hold their offices respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate.

SEC. 2. When civil officers, excepting Judges of the United States Courts, shall, during a recess of the Senate, be shown by evidence satisfactory to the President, to be guilty of misconduct in office, or crime, or for any reason shall become incapable, or legally disqualified to perform its duties, in such a case the President may suspend such officer and designate some suitable person to perform temporarily the duties of such office, until the next meeting of the Senate. Such persons shall take the oath, and give the bonds required by law. In such cases, it shall be

the duty of the Presidert, within twenty days after the meeting of the Senate, to report to that body such suspension, with the evidence and reasons for his action in the case, and the name of the person so designated to perform the duties of such office. If the Senate concurs, the President may remove the officer and appoint a successor; if the Senate does not concur, the suspended officer resumes his office, and receives again the official salary and emoluments.

The following extracts from the debates at the first session of the American Congress under the Constitution, relative to the power of removal from office, may be read with profit and interest.

In the House of Representatives, during the first session of the first American Congress under the Constitution, on the 19th day of May, 1789, upon the discussion arising upon the power of the Executive under the Constitution to appoint to or remove from office any of the heads of departments of the National Government, a resolution was introduced by Mr. Madison:

"That there should be established an Executive Department, to be denominated the Department of Foreign Affairs; at the head of which there shall be an officer, to be called the Secretary of the Department of Foreign Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate, and to be removed by the President."

The establishment of the office of Foreign Affairs, with an officer at its head, denominated the Secretary of Foreign Affairs, was agreed to in Committee. When they came to the mode of appointing and removing such officer, there arose a discussion upon the constitutional powers to effect this. Mr. Smith, of South Carolina, moved to strike out the words "who shall be appointed by the President, by and with the advice and consent of the Senate." of the Senate." He conceived the words