eds., 1992) (reproducing a June 16, 1789 extract from THE CONGRESSIONAL REGISTER reporting Representative White as stating in House floor debate: "[i]f then the senate is associated with the president in the appointment, they ought also to be associated in the dismission
from office"); infra note 27 (citing Congressman Smith's 1789 personal correspondence, which expresses the view that removals can only be effectuated by impeachment or by subsequent appointments).
Your Memorialists further shew, that the established Usage of Theatres is disregarded by the Proprietors in a Particular of the greatest Importance to the Interest of the Actors; for, whereas, the Situation of Performers might formerly be considered an Establishment for Life, or at least for as long a Term as they should be adequate to the Duties of their Profession, the Practice is now so contrary to the principal [sic], that the arbitrary Will of the Proprietors is sufficient Cause for Dismission
A statute enacted in 1802 provided that officers, non-commissioned officers and other members of the military "shall be governed by the rules and articles of war, which have been established" by Congress, "or by such rules and articles as may be hereafter, by law, established." Nevertheless, any sentence of a general court-martial "extending to the loss of life, the dismission
of a commissioned officer, or which shall respect the general officer, shall, with the whole proceedings of such cases, respectively, be laid before the President of the United States, who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper." (92)