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


principles Of 'ha, 'ns'rumen possessed the
val from office, and that power expressly gnse
In the acts constituting the Executive Departments The
very argument which the honorable senator uses,
and other which lac has earnestly pressed this
branch OF the subject derived from possible abuses,
then repeatedly aud strongly urged against the power OF
removal the President But were all over tuled
the ground that the Constitution, ia 'vesng the exc.
cuuve power in the President had made hi,,. resDonsi
bic for the conduct Of the executive occs empoy ed un
der him. whom therefore. he ought to have the power
control. aud thu h. responsibility the Pres dent
established wds in tact. To the language OF Mr. Ma
olson the highest security Tor liberty aud the public
good
Bat, sir, this matter DIES rvrs fuller examn ,ion. and
brings under review opinions evpe.seb by the homo
rAoie Senator lew days ago viii IT, IA they involve the
Fundamental theory Of the Constitution IN regard to the
Executive branch ot the Government, will proceed TO
consider in detail. The honorable Senator took
pcca' exception the principle asserted by the President
ia the paper read by hin to his Cabinet" that the Con-
sitution has devoiye upon him The duty oil supernend
concnded tina, the Constitution given him TO such
powcr-tAt by ido those departments may and il, GER.
tain cases have been, placed under the nee
md direction oil the Presleniih lar. no farther
he has, ty latc. the OF their operations
nut ml' me Constitution has devovei upon the Presi
cent no right oi Executive De-
prtments
Now, SIR o. thu assertion respectfully join s
SIZE with the honor Bile Senaor; and call witness the
iathers OF the Constitution and those who have had the
largest and most enlightened experience in the admins
traion Of its highest trusts. The fundamental theory of
the Constitution in regard TO the Executive rover H. 1t
Its uny-2dly: Is responsibility; to secure which last,
great argument in favor of the first In governments of
the monarchih kind, the Executive head exempt from
nli RESPONSE ili'y But in republican Constitution
the chiei Executive Magistrate ; under a uple re.
sponihity through the medium OF election OF i'm.
parchment, and OF prosecution in the common course Of
law lie IL not only responsible his personal acts
but the "Execu,ive power beng vested in him lac il
responsible Tor the whole Executive Department. and this
responsibility OF the President considered the great
security for the proper AMI safe administration OF thai De
parment Me- Madison in the debates which took pi ace
in SO on the Presidents power OF removal said IL, is
evidently the intention OF the Constitution that First
Magistrate should he responsible Tor the Executive De-
Par,mem, Again, III The course OF the debate, he
sdd, ihe principle ot uni ami responsibility EN-
ecuuve Department Is intended Tor the security OF Liberty
and the public good"
The President being thus responsible by the .nsiiiu.
non Tor the conduct OF the Executive officers he has
from the Constitution also, rs consequences
the right 10 inspect, Snpermtend aud contro their pro-
ceedings Aud this rig, OF sup il express
~ aud repeatedly recogni ed, constitutional iounds
in the great debate in first Congress TO which have
already referred. will give a lew on!y of many . miar
extracts IN which it will be ,hs ri ht OF surer.
Inendence, as constitutional right is distinctly and un.
equivocaly asserted. Mr.. Madison said ais there no
danger that an officer, when he appointed by the con-
currence OF the Senate, am has friends in thai body may
choose 70 FISK his establishment the favor OF that
rather than rest IL upon the discharge his duties the
satisfaction OF the Executive branch, which eonStitu.
HondHY authorized 10 inspect anl control his Conduct
Mr.. L1wrence-"In the Constitution, the heads of
Departments ale considered the assistants OF
the President in the performance OF his executive duties
He has the suPerntendence the CONTROL and the inspec.
tion, OF their conduct" SC. SC.
MIR. Ames-"The Executive powers are delegated ~
recourse by the Constitution TO the President, with
view TO have responsible officer sNpeyinteHd con
troll inspect and check, the officers necessarily en-
ployed IN administering the laws"
We see, then, Mr. President, that throughout
bates, which, as conemporaneous exposition well as
from the distinguished ability the men who par,icipal
ed in them, must he regarded an authority of the
highest order, that the right OF the President TO super
intend the Executive Depormen,s was ,n.a,oS a." ,
right howing from the fountain oil the Constitution itself
and existing anterior 10, and independent Of legislative
provision Sir that the of the right no.
ting could more strikngy show than the form, in which
the question of the Presidential power OF removal was
finally settled by the Congress whose debates are here
referred to- In the original shape of the bills for the or
ganlzahon oil the Executive Departments, it provided
That such and such Secretaries should be appointed TO
Se 'emao0aofe 0y the President" 1t was suggested,
however, that clause OF this sort might be considered
as implying that the power of removal was granted by
power serving TO show that power was considered a
e-ex'sng one, derived from the Constitution an,
not from tho lac; and this was done in the seci;on
Povlulng Tor cases OF vacancy in the head of the De
par'meni, by simple declaration that .febfneyey t
fresident gMe United !Sl0fes or in any other cs.e NJ
vacancy, the chief clerk SHAH, duri,g cm oa.e "
nave me charge and custody of the records &c Sc Of
me department The original clause was stricken oui
u ms incidental recognition Of the power substituted az
WIZ Oe seen by reference TO the constituting the
cnuVe departments; and this done expressly on tho
ground, winch the language sufficiently imports tina, the
preeX'stng power, flowing from the Constitution and
not derived from the iuO. The power of supeIjnen
dence, involved in that OF removal stands a. g., 49,
seen, on the same ground. " nave
Hl' beg leave now to call The attention of the Senate
d" authority Which, as that Of of the earliest and
most incorporating foes OF tyranny and The great
pton oil popular rights, he is acknowedped tonnd
OF The democratic party in this country cannot ll I,rns
10 command the respect OF those who like The
senator from Kentucky, profess fighting The baulss
oil h9erty on this floor. alude, of course 10 Me Int
eIoh "hlie no one more steadily opposed the un,ue
accuuafon oil power In The hands of The Chief Fxecu
ave magsrhie, 1t viii be that no one u,,e uneoni
vocaiy maintained the constitutional RIGHT of ,he prs;
GEM 10 superintend and control the action of The Fxec
1--WE departments. will read sir an extract from i,
Yer addressed by lin 10 NJ de Tracy the anthor If an
sG'e ana enlightened commentary on the great woIk Of
hoheSqueu He is expressing his dGercnc- al onn;o,
rom NJ de Tracy Oh the question OF plttyol or s;ngIe
Executive, declares decided preference for The -,
anu after appealing 10 the history of the French Drec,o
ny 10 shew the evils and disadvantages OF the iormer 10
proceeds 10 notice the organization one single Execn
tive thus: WV "S'o HHecu'
:" The failure Of the French DIRECTORY anil 6oo, ,t
sdu'e cause seems TO have authorized belief that fe
,O'" =" PuTany, however promising in theory. il i'm,
P"'"cdDIe WIN men constituted with the ordinary
Sons' WINE The tranquil and steady tenor OF our sipoIe
Executive, during Of twenty two wears oi t.
presented gives rational nope This imporant nroie
at length solved. Aided by the counsel. Of caL;sn,
OF heaus oil Departments, originally four but nov Eve
WIN whOm The President cousults either sinplv mr. ali 10
gelher he has the benefit Of their wisdom and inCr,
uon, oIlhSs ther views 10 centre, and pfoduces AZ,
WhY ~ action and direction in oil the broucbes ~
me G0D6TRDlent. The excellence of his cnns,suy
uon OF the Executive power has already o,a,;ro.,
1 G n'en mere under very opposite circ,imstanrps
Dung 'he administration Of our first President his g. b
ne " our members was equally divided by as marked
" oPPosiuon OF principle monarcisn and epubiicap
Ism could bring into conflict. Had that Cabne, Leon
the opposing wills would have balanced eacJ, o,LnS @
produced bsOiuf in,rf ,