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


have been able conceive how any rational
being could propose happiness 10 himself from the eAer
else OF power others
In the letter from which have real, we have seen
Mr. Jeersons theo,y OF the Constitution with regard to
the Executive. snd he practice OF sshniou. Let IA
see ii. the principles upon which lie conducted
lis own adni.,ts ion OF his high office. In months
accession to the Presidency, IN November 1901
he addressed circular to the Heads of DEPARTMENTS
The members ut his Cabinet, for the purpose laying
down the Jules which were 10 govern the oe relations
between hi" aud those D-pa,imrn's lie bSsios with
repeating what the practice, in thu respect OF Gen
erat "'shngo"s administration. OF which he h.d hun
sell been meuber-that the several Head. OF Depart,
mens regularly transmitted 10 the President the conmu.
hcauonS addressed To them in relation 10 the concerns
OF their respective Offices. with the answers proposed hy
them 10 be made. and received from him In return, the
sguhca,ion at hs pppobston or else the suggestion oil
such alterations he might think necessary AMI then
proceeds-'s BY ihis mesns, he always in accu.
rate pos eson Of all facts aud proceedings in every
part OF the Union, and to rhdtsoerer Department
they related; he formed central pomi lur the diff
ieren; branches; preserved unity his despo.
tic unity again. sir.) " OF object and &c ion among
t M; exercises at participation he question OF affairs
which his o'hce 20 umbent OH hin: and met him
sell the due responsibility" Gen washins,ou aud Mr..
'eerso, too, seems, reckless and daring 10
meet TIE responsibility at sir tices) for uhateper
irGs done During MIR. Adams administration, his long
an sbiiua absences the sea, Of Government rem
dered hi@ kind OF communication npracirahc, removed
him II sse r OF aiTdirs and par.
ceied oW me Government. in tact, auopg four iuepen
dent heiis, daAipg sometimes in opposite -"
tie then expresses his intention 10 adhere the system
in this respect, at Washington and adds'my sole
administration in eh king out the rules Of their proceed
ing; adding to them only sense OF the Obligation i'm
posed on 10y the public will to meet per sonay the du
tieS TO ichich they haze opp0intsd me"
Here, sir, we have the Interpretation of Washington
and Jeer.on in the most authentic Of all forms, (ther
ocn prdciice) of the duties and powers of the Prrsen
tial office creating in the Chie agistrae himself re-
sponbily 'JOr ,chdi6pcr is done in any of the Execu.
I'VE Departments, ard giving him, by consequence,
power TO supeiinend control and shape the action of
Wo'e Departments 70 these hi ia constitutional models.
re@zng the well ordered unity aud responsibility of a
single Executive the present Chief Magsrate has ht
to conform his administration. rather than by indoence
neglect or shrinking from 'esPo"sioany TO 0' ceI CIT the
Government among five or six independent Heads OF
Departments, thus converting il into dscodan and
practically irresponsible rectory.
The honorable Senator from Kentucky has also taken
exception TO The Presidents reference the clause tue
Constitution which declares he President shall take care
tina, the laws be faithfully executed - the President hay
ing referred TO II giving him the power
aud direct the conduct and operations OF the Executive
Departments The honorable Senator contends that the
true and sole operation OF this clause is empower the
PRESIDENT, when the laws orcbly resisted, over
come that resistance by force He that he has
AMI caused TO be made, ches into the
contcmporancous constructions of the Constitution and
that he can find nowhere any color for the Presden
| interpretations. Now, sir | must be permitted TO saw
mar the honorable Senators Interpretation OF this clause
is lar mere ldtudnarian than that OF the President
| ahh ascrthes TO II an operation infinitely more dan
gerons and extensive. The President, sir, has no pow
CT OF himself, under the Constitution, TO execute the
| laws by force This depends upon Congress TO whom
the expressly gwen 'ca forth the militia to
execute the laws. is true the President by the on
shiuuon, ~ Comaanderin Chief OF the army and navy
and OF the militia, when called into actual service; but as
SUCH he is mere instrument in the hands OF Congress-
by whom the objects and purposes for which ne is 10 en-
pioy the under his command must be fir, icsa
mated. 's
The obstruction OF the honorable Senator then k one
oil lar more dangerous latitude than Pres de
The clause in question, sir have no reference TO the
execution of the laws by Jorce, which matter excIu.
svcly under the control OF Congress Unjust refer TO the
faithful execution Of the laws by means-by the in
ervenion OF officers appointed for the purpose whose
fidelity in the discharge of their duties NAV he secnred he
Of the Of
honorable Senator has said, that in the various
he has made and caused TO be made he has found 10
oil This construction Ii he had taken the trouble TO turn
10 me most obvious source OF Information OH the
subject--ihe proceedings aud debates of the first Con-
gress on the organization OF the Executive Departments
he could not have Jailed that this clause was an
pee''a 10 IN The sense and tor The which the
constitutional history, which is doub less. familiar ~
the minds OF ALL but viii content myself with one o two
o'ie tracts from speech of Mr.. Madison on that oc
ca ion an authority for which know the honorable
Tor nom heniucky ener;ains all must the highest re-
Pee' me discuss ng The question of The Presidents
power o. removal from Office he says: But there ia an
oer par oil The Consitu ion which inclnes in nv indg
dn, ,"v1r se construction put upon il: the fresi.
e1ecufed IL the duty TO see The laws EbIu,iv .y
ted be required at the hands of the Executive Mopsrse
"ouu seem 'hat 1t was generally intended he should
nave una species OF power which i. necessary 10 accom
push 'hai END. Now, the officer, when once aspon,eJ
70 10 depend upon the President his official xsr
ehce' but uIon distinct hody, confess 1 do not SEQ
fully executed" " " la ~
again, va me same Speech he says-T conceive that
VIC estueh' Is sufficiently accountable 10 the comn,n
W. ana II this power is vested in him. it will, be vested
where lis nature requires should vested if any tny
IN ITS nature is executive, il be that power which +
empoyeu III experimenting, and seeing that fbe mrs
eJdtHyuHy ertcued: the laws cannot be executed I'm,
W cDce'S appointed for that purpose therefore those
VINO are over such officers naturally possess the
power IL is obvious, then, that Mr. Madison vie cd ha
clause IN Tie light in which il has been referred n h
President that the faithful execution of he Ia,r
m''ed 10 hin was to be effected by officers apnon,ed
'or 'ha' purpose, aud that ideiitV in the discargo n
e ouies was To be secured by power Of
eHee ana control over them the part of the Chief Nj
gate who was made responsible for their conduct and
fully executed. s VIZ avs 'S""
will now, MIR. President advert 10 an arvuo,on r ,
honorable senator om Kentucky, which, confess strncL
me wl'b particular surprise In order TO sustain Lis n
non hat the constitution had given the Presjsnt
power o suPefhehdcDce and control over the Executive
DePar'mehs' lie contended that in certain cases Tho
tie"ds OF those Departments were responsbje IN anJ
coPeIdnIe 10 act by, the Courts Of Justice and in sn
PoF' OF 'hs principle, he relied the de cison of tho
supreme Court IN the of Marburv and M aI;so, ~
extract OF which he adj o the Senate u,s,,,. 80
surprised, SIR Ell the doctrine and the authoritv coni
Hon Uhe honorable Senator Of Kentucky becausa Lo
processes an auhesen to the creed OF tie republican mar
" Of mat day; and yet it may be confidently affirmed
'"d' mere never was decision OF that tribunal ,ybic
gave more dissasdctoD TO the republican marry ,I
OIL me parry, who has recorded la various paris of b
"'lhgs iIe most earnest and energetic conference.-the
Oh IL -" ilh all Tie difference entertain lor tat Iii
ouh"'' must say That the doctrines Of hiarbu,v and
"ausoh appear TO the ute ly unsustainabIe and sT,c
oeheVe' "oM' he the judgment Of parties AZ tho go
oy me . h''e' SIR, doubtless recoi;ect tie cir.
cumstanccs Of the MIR. Adams. ON tbe eve 81 ',
ing The PTcsidencV, had appni,fed a.. " f"''