The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-08-31

dagger in his haid yicsg with the other who shall give
the fst and fatal pange there Is one, above s
other, whom he may. with the keencst reproach look
full into the face and to whom he may indignantly say
my brother sehy sfkesf ou fand that one, Is the
$3.50 :. - AMERIco.JUNIUs.
From the Peusburg IateHigeneer.
THE CONSTITUTION OF THE UNITED
STATES
THE EXECUTIVE POWER
We proceed with the exposition Of the principle
OF this instrument by way OF recital of It's impor
lant details.
As we have seen, the Executive power is vested
In President. He is an electric officer. The mode
Of his election, that as Of the Vice President is
prescribed b. the 18th amendment, by which the
ID and Sd clauses Of the Isl See Of the I'd Art of
the Constitution, are abrogated. Those clauses by
which was prescribed the mode Of election since
superseded BY the amendment, were found in 1901
to be i'll adapted to their design. The reader, no
doubt remembers the contest between Burr and
Jefferson, in which the election al last was made
from fear OF vacaiing the Executive office.
The term Of the Presidents service is limited TO
four years. but there Is constitutional inerdic 10
his re-eligibility from Term to term during life To
prevent President aspiring TO second reelection,
there in nothing as yet In play, except the censorial
power Of the people, which 50 far has had respect
to the example OF their Washington
The chief excellency OF this Judgment Of the Ex-
eculive power, is its nnify The best writers concur
in this. "The deep solid and ingenious De Lo-
bue as Junius says OF him, this point holds this
language: In those States where the execution of
The laws in entrusted 10 several hands, and 10 each
with different titles and prerograives such division,
and the changeableness of measures which must be
the consequence Of IT, constantly hide the true cause
OF the evils OF the Stale I'm the endless luctuaton
Of things, no political prime Piles have time TO fix
among the people; and public misortnnes happen
La hehin md ham
"Tyranny in such states, does not always beat down
the fences that are around il, but il leaps over
them. When men think it confined to one place, il
starts up again in another; II mocks the efforts Of
the people not because il is invincble, but because
Il IS Chat is its origin Isl unknown; seized by the
arm oil Hercules, it escapes ith The changes Of
Proteus;" while the unity Of the executive power
constantly keeps "lhe views and efforts OF The people
ne q,ran1raf5lS Tor "f-resfdeif vi me Unnru
States arctic be lhirtyfve years Of age, fourteen,
resident thereof, and native, or a citizen when
the Constitution was adopted. In case Of his death
or other disability, the office devolves on the Vice
President and 10 OF the death other disabili-
~ Of this officer The President being dead or disa-
bled Congress declares by law what officer shall act
as President. Before he enters on ITS execution he
takes an oath or affirmation, usually administered
by The Chief Justice, that he will faithfully execute
his office. Receiving compensation for his servi.
ces, deemed ample by Congress, he is disallowed,
during his term. any other emolumenl from the
States or any of them He, as is the Vice Pre-
sidcnt, and as are all the civil officers Of the r. S.
Is removable from office on Impeachment for and
conviction of bribery, treason or other high crimes
and misdemeanors. lie has power, and Is required
IRON time to time," but BY usage at each meeting,
TO communicate TO Congress the state of the Union,
and 10 recommend measures; and if he thinks fl
II is his right TO insist on his recommendations to the
end Of bis term, though they be often rejected as
re-prcduced-to convene Congress on extraordinary
occasions, which has been done -four times to wit:
in 1897, by Mr.. John Adams In 1909 and 1913, by
Madison N h,M Mr. VA
adjourn Congress, in case the two Houses disagree
about II, 10 such time as he may think proper-lo re-
ceve ambassadors and other public ministers, from
any one or more OF tn. States Of the Union, as well
as foreign ones-to see the laws faithfully executed
and, implicitly TO transact all necessary business
with the officers of the federal government. and TO
expedite measures resolved on by Congress-to make
treaties by and with the advice and consent of the
Senate, provided twothirds OF the Senators present
concur; and with The same advice and consent
having first nominated, TO appoint ambassadors
ministers and consuls judges Of the supreme court
and all other officers Of the United States whose
appointments are not otherwise specially provided
for and to commission all the officers of the u s.
TO reprieve or pardon convicts, by the federal
courts--to require written opinions of the Heads of
Departments, at any time touching the state Of
their of; es-and 10 be the commander in chief Of
the land and naval forces Of the United States and
Of the militia Of the States, when in the service of
the United States. The appointment Of certain in
ferior officers has been vested In the President alone
by law Of Congress- with the permission of the Con-
stitution; and also in the courts OF law and in The
heads OF departments.
The qualified veto power belonging to the Presi-
dent, has been referred to under the Legislative
head. notice, here, OF the prac ice which has
crep INTO The conduct OF Coz gress, OF Withholding
almost all the important bills of the session mil
within less than Ten days of It's end, may not be
amiss. A hut 10 The trise is enough That practice
Is not only cumbersome to the President. who is
compelled by II TO examine and Sign so MANY bills
IN INN ht,ft -. ~
opportunity and excuse 10 suppress bill, which if
timely returned would be repassed by two-ihirds III
both branches OF Congress for, while bill retain
ed oy the President bcyond the ten days, the Con-
gress oeng 10 session The meanwhile, becomes a
law 10 like manner if he h d signed il, and this
though he In TACT objects TO it, no bill presented IN
the President, even though il was originally passed
by two-thirds or unanimous vote Of both Houses
shall become law IN case the Congress adjourn
during the ten days the President is allowed 10 been
il, and thereby prevent It's return
Excepting those inferior officers, whose annoint
ment Congress has power to delegate. and whose
tenure Of oiiice and removal, as incidents IL NAV
regulate, the power to remove subordinate eXocn
tive officers, and without the cooperation Of The
Senate, resides in the President Of the United States
This subject underwent most elaborate discussion
in 1882 in the debate, in Congress- on the bill for
org mixing The Department Of State. The vote af.
irming the power of removal in the President, was
in the House of Representatives, thirty four against
twenty, and in the Senate carried BY The casting
vote OF the Vice President. SroRY in his common
taries, and MARSHALL, in his Life OF Washington,
s Iecues the arguments Of signal ability that
nave made the occasion memorable and have en-
uueu ,ie decision to the nations acquiescence and
iespet' = ne exercise OF the power by the Presi-
DENT however Is still subject to occasional dissent
anu ln ., ~ complaints No doubt II has been,
and will be again abused; and there are promineni
who, conceding the residence ~ this
powerto De IN The President, vet contend that he
ought 70 be Invested Of Il, and that il should be