Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-19
VHRGaNHA aEesssB.AYUgeE.
DEFERRED DEB1TE.-TCoNT.so.pl
HOUSE or DELEGATEs.-Snlureau .n.. Q.

OHc fctircment. and hnd
altogether been unuccustomed wrcste upon am arena
like the present. required not little assurance TO attempt
10 express ms sentiments upon complicated question
IKE the present He should therefore confne himself TO
discussion of the principal points, without goinp into
minute detail suffering himself to be led INTO de-
tails foreign 10 the immediate question He should also
refrain from casting any censure upon his political
nents although they had notin all set him xample
of forbeaance. lie hoped however they were Al, in IL
pursuance OF TRUTH though they might widely differ
IN their modes of searching after it, or i'm the estimate
which they placed upon it, From the turn which the
Debate had taken, the most important point enquiry
seemed to be- whether the President committed an un-
constitutional act in dscharging the Secretary of tho
Treasury, under the circumstances of the case If
coutu ne maze TO appear, that the President had
right 10 remove his Secretary then it would follow as
consequence, that the Senate had right TO cersure
MN Tor that act The Constitution declares that the Ex
ecuve is vested in the President alone The heads of
departments and other Executive Officers are appoined
by him with the consent of the Senate as subject 20 his
supervision and CONTROL aud removable nj his neo
sure1e being the sole Executive was NECESSARY thai
he should have power over the inferior officers n;,
ed to aid him In the execution of the laws and for this
purpose the Constitution has given him ample powers
me power OF appointment is qualified by rendering il
necessary that the Senate should the power
OF removal is his without restriction; and this
dependent of the necessity that it should be So toi he
has The power those officers in the performance of
tneir duties lie being responsible for the due execu-
ton oil the laws must consequence possess the Oht
to remove his subordinate officers. Upon this point as
1T has been repeatedly disputed, will cite ie authority
of Mr.. Madison:
'l think it absolutely necessary that the President
should have the power of reno wing from otI:ec-NlnL
him peculiarly responsible for their conduct and subject
him for impeachment HIMSELF if he suffers ttem Viii
IMMUNITY to commit high crimes and misdonleanors
against the United St2ies-or neglect nd
their conduct, check their excess n is one
" hc most PronRent features Of The Constellation prin
ciple that PcTcddeS the ohoe system that there oud he
the highest possible responsibility in all the Executive o
thereof"
He goes further and remarks:
If the heads of the Executive Departments aro snb
ject to removal alone, by the President we have ia him
security for the good behaviour of the officers
And again he says:
If he does not conform the Judgment of ,I..n,es;
dent in doing the Executive duties of his Office .b en-
Dc dsptaced T:s makes him responsible to ale great
mated and appointed AID HIN in he
OF his department"
1t will be recollected that in the debate in C,onrs
on TINS subject IN a7S it commended that the oyr
OF removal was incidental with the power of appoint
men and that therefore, the Senate must concnr I'm
reply to that position, Mr. Madison SAYS "
you take this construction, and say that an officer
OF the Executive shall not be displaced but hy and viii,
the consent OF the Senate, the President is no
swerable for the conduct OF Lie ofiicer-au ,oU St
aon ne Senate you destroy real responsibility without
If it should be enquired why the Senate was Joined
WIN inc fresldenli In appontingto office? Mr. Madison
says:
answer merely far, The sake ofadyisng- being sun
Poseu, rom .her iatuIe better acquainted with the
at is evidently the intention OF the Constitution that
the first Magistrate should be responsible for the E2ec
1--we Department. so far therefore, not make the
officers who are 10 aid him ia the duties of thai r.
parmen responsible to him. he responsible TO the
country" ~
% nd
the heads Of Departments"
The Constitution aiiirms, that tie Executive mower
shall be vested in President.Are there exceptions
yes there are The Constitution says that The Senate
shall be associated with the President in appoinn -,
once unless IN case OF inferior oicersand no other
The question resolves itself into tbis-is tho o,,o
oil dsPiacing, an Executive power? conceive That If
any power Is, IN its nature Executives is the bower of
the laws. SHOW, IT the officer when once onunn,ad
is not to depend on the President for his official
confess DO not sec ho'o e President Gun te ho,
me taioS aTeta'hJtity e1ecmed.
Vest this power jointly with the Senate and you abo
lish that great principle Of unity and repOns6g in Tho
EIecuti0e DEPARTMENT. sohch rus intended fer he sec;
fy Of liberty and tie public g0Od."
g gain-You may set the Senate at the head of the
Executive Department. or require officers TO hold tbi
places at the pleasure of the House of Observation-Disclosures
and by this means, you link together two of h
Government which The PRESERVATION Of liberty constantly
TIE law passed I'd September I7S0 and another pasa
18th Sept and standing next in order on the Statue
Dook, the treasury as an Executive De-
Parunent The title 10 this act is, San act estabshin,
the salaries of the Executive Officers of the Cnvar
men dhe first officer named in the law is the Secreta
~ OF the treasury, then the Treasurer, &c. &c
IL thus appears, that the Secretary of the r,eo.
an Executive Officer and the President beng lie 49,,
STORY OF the Executive power under The C0ustit,t,pn
the Secretary OF the Treasury placed under his conir
and must perform his duties under tho Presider,, M
supervision. The Constitution gives Tie power ~ ,t
PRESIDENT 70 call Tor The opinions Of his officers in writ
ing, and 1t was evident that this power was ven linn
an order that he might control them in the pe1foro
oil their duties-ln order that he might ascertain f.
their written statements their views OF subjects scJ
under their charge; and that ifhe found they were IN CO.
or pursuing wrong course and were obstinate m ~,
course, he might dismiss them from Office The on;ni
OF MT Jefferson may also be cited upon this III 49,
pears That shortly after the adoption of tic Constifoto
the Cabinet frequently met to consult upon csrrvin !,
into effect Ia one OF those meetings some Difference
occurred upon call which the House of Represenf,t;
had made for papers from tie department ON fhis sh
lect in tie fourth volume Of Jcherson's Correenonn
he writes as follows "Apfil ID met agan M H., p;
dents house the subject "a esfi for ,,rs,, -
papers, &c. by committee OF tho House IL R.,,,,.
ativcs) W. Ind all considered, and were If 90 ,i
First that the House inquest, and mpI,t teroc
destitute enquiries, Second, that might call Tor ,on
genesaly Third, that the Executive ought TO cor,r,;
cate such papers the public good would permit 80
ought to refuse those The disclosure Of which would ~
ure the public consequently, were 10 exercise disco
ton; Fourth, that neither the committee nor the Uoue
had right 10 caA on the head Of deuart,uepf ,rLo
md ,ohOss paperS NHdrr NE Prcsfienf gLoye i
hst the COMMITTEES should instruct their Chair1so a.
move the House TO address the President Nofo. RI,
milton ogreed 10Th as IN aH mese pOias except as 10 fe
power Of the House TO call heads Of Dcparfnon,
lie observed, that as to his department. the act establish
ng II, had made u subject 70 Congress in some ponts
lut he thought hmself not far subject az To- be- obI
I'd 10 produce all Tie papers they might Gail for &c
Thus it appears from this extract that all tbe men.
of the Cabinet Of opinion that the papers ~
he Secretary Of the Treasury we're under az, ron,I
nd supervision Of the President n this be adoi,,I
conjunction with the responsibility Of the Presideaf I
or the faithful discharge Of the Secretary duties would