Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-11


uaiOn. The Constitution intended that the great
branches OF the government should he co ordinate
Dependent, OF each other As to acts, therefore, which
to be done by either, 1t has given control another
hranch.'
The Executive and Senate act on the cons,ruc ton
that until d'hvery from the Executive Department.
commission rs ,o their possession and within their ghiiul
powers and in Of commissions not okaie will
where, sitter the Sena,es spproba,on s, the residents
signing and sealing, information of the nnGness Of
The person has hand before the d,ire,y OF the
commission, new nominations have been made and opprov
ed aud new commissions have issued.
On this construction, have hitherto acted; this
shall ever act, and maiain il with the powers OF the GO
verument against control which may be attempted
hy Tie Judges in suveron OF the independence OF the
Executive and Senate within their peculiar department"
This answer OF MIR. Jefferson, sir, to the Supreme
Court appears TO TO be conclusive and trag Bile.
u shows tina, the doctrine of Msrbury Madison was
wrong not merely with regard the merits OF the part
cuiar case, but dangerously wrong another aspect in
asserting claim OF the Judiciary (Which is reterat
ed by the honorable Senator from Kentucky to control
dependent branch ut the Govern MT in mi tiers con.
hueu ny TIE Constitution TO lis separate and responsible
aeoh AZ THIS last aspect OF the decision involves ques
uon OF the graves mport-one affecting that fundamen-
tai princ' lie not merely of constitution. but Of free
soIe'nne" W general which p'escHbes me separation
ami mutual independence Of the three great Departments,
Legislative, Executive and Judicial question, too, in
reg ~ to which the imputed opinions Of the present Chief
Mae rate have enireely commented upon in the
oil i' discussion, beg permission Of the Senate while
have the wrings Of MIR. in my hand ,oread what
tered by this great Repubca oracle isimpoant sub
Jet la letter addressed by him in 1919 Judge Roane,
himself one OF the most profound constitutional uri.s
our country he expressed himself thus only construction
OF tho Constitution il very different from that you quote:
lts that each department is truly independent of the
others and has equal right decide for itself is
me meaning oil the Constitution in the submitted to
its &C ion; aud especially where it is to act ultimately aud
without appeal will explain myself by examples,
which, having occurred while in office, are better
known to me, and the principles which governed them
legislature had passed the sediion law The federal
courts had certain individuals 10 its penalties of
hne anu imprisonment On coming into ollce released
the individuals by the OF pardon committed Exc
cuuve discretion which could 10 proper
y exercised than where citizens were suffering with
out the authority of law, which equiv alent
under law unauthorised by the Constitution, and
therefore null In the Of Marbury and Nladi-
son, the federal judges declared tina, sign
ed and sealed by the President, valid although
not delivered deemed delivery essential TO com.
pete deed, which, as long as it remains in the
hands of the party we, deed it is in posse ONLY
but in csse and toihleld delpery of the conmis
stons" Yes, sir, j, the President, the Secretary
withheld the commissions " They cannot issue a man
"amus TO The Prcs'len, legislature any their
oihcers-Uhe Constitution controlling the common law in
this Particularly When the British treaty of 1907 arrv-
ed without provision against impressment orr
Rcn' determined not TO raiiy It. Tie Senate though,
should ask their advice. l thought that would be a
mockery oil them when was predetermined against
following 1t, should they advise its ratification. The
Constitution had made their advice necessary TO con-
hrm treaty, but not to reject it, This has blamed
by some but have doubted lis soundness. the
cases oil two persons, dntenaf under exactly similar cir
cumsiances the federal had determined that one OF
them (Duane) not citizen the House OF Represen
dtves nevertheless, mined that the other Sih OF
SCUM Carolina) citizen and admitted him seat
IN Their body Duane was republican, and Smith fe-
|
cendancy These examples my position tina, eacl
Of The three departments has equally the right decide
Tor itself what is lis duty under the Constitution witou
any regard TO what the others may decided for the
selves under similar question:"
without entering at hi. time, sir alto any discussion
oil those important principles will only say, that il the
present Chief Magistrate has nned against the Consu
ton by any doctrines which lie has advanced or is sup
posed 10 enerain on this subject he has sinned com.
| pany with the great apostle OF American liberty and oil
| the rights of man.
To sum up, then, in few words the results Of what
hash ean shawn that
TO the true theory of the Cons ion Pres dent of the
United States, in whom the Executive power is vested
Is made responsible for The conduct and
"e NeI"uVe departments as a necessary conse
qnence OF that responsibility he has consu onaI righ
10 lnPec' suPe,inend, and control, the operations .
-" os"s',.'V, correctness these principles wa
ScHho"iedged in the mos, formal manner add after IN,
us'uss'on' ny an explicit Legislative recognition
, po"er OF the rresid.nt TO remove from Office any
"hich mas never since been questioned.
3u TO avoid the application of these principles TO IN,
under consideration, the extraordinary novelty ha
an Erecutioe officer How then has il hapnened Az
fresdent that from the origin of the Governne n 10 the
present Day he has been associated with the Heads of the
o'ner departments IN the Cabinet of President? By
what title could the President of the United States re-
CURE oil him. as we know has been often done, "h.
oPo'on IN wiring upon subjects relating TO the duties
his Office which the Constitution authorizes him 10 Jo
only oi The principal officer in each Of the Erecuyf
No. rf,' 10 gentlemen expect forget the
'oS' ia'ar acts which have been passing under our
eyes, Tor nearly half century, in order TO sustain
novel theories: On what then SIR this new loc,rin,
founded That the Secretary Of the Treasury is not ar
executive oihcer Is il tina, in the mere title of the ar
Tor The establishment of the Treasury il .
not happen TO be styled Executive Depatimen, TLe
acts for the establishment Of the other Departments are
styled seems, in the tile, Corning no part of the law H.
seiD IAN act 10 establish Executive Department IN a
uehomnaed the Department OF War;" and so likewise M
Tie state and Navy Departments while the act for the
establishment oil the Treasury smpy STYLED in is M
An act 10 establish the Treasury Department"
now sir, ii this difference in the title was not tbe 70
SUI mere accident, ds ain inclined 10 think il was fer
nnu iha the lille was the of the other acts il,
a oe preliminary and intermediate down IL
we very passage OK the act, (ater which, according 10 mar
n"taTy custom, formal entry is made the journal
10 mis- ELECT ordered that the title OF the ac' he e.
ana so H. SIR say this difference was not merely acct
uenta, IS sufficiently explained by the different 0yenni
zaf0H oil The Treasury Department, compared ,vfi h y
Other Departments. The organization of The ou'ar Dn
Partinens is simple and homogeneous CONSISTING in coil
OF one principal officer the head of the Department and
OF Ctrhs employed under him. perform as he shall d.;
Tec' anu arrange It, the business Of the Dcpartmeut ,
on lie other hand the of the Treasure No
Par'nen' Is complex and diversified IL consists moi univ
OF one principal officer, the head OF the Department and
us clerks out OF various Other officers high and i'm
POaht gfade whose respective functions are n
arranged by the law itse-such as The Con,piroer The
Auditor The Register The Treasurer The Cluciions
oil these officers OF the Comptroller and Of the Ai,or a
example, seem 10 patake somewhat Of the judicial cha
AceT; ana VIII be seen in the debates on the oroani
Zdon OF the Treasury Department, that this idea " az
seu 'n Ieidloh TO The Comptroller particularly by Mr.
% a. "Io' I'r mar reason, proposed to modify differ
emily Che tenure OF his office. The same de, 60 -
seer stated IN Tie newspapers ia regard to the cbarac
Ter oil Tue Auditors functions, has recently f,rusLaJ =;
my own state, The ground of able and