The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-07-18

II
usurpatons OF the Executive branch of The Cavern
ment have not time here to exhibit and To dwell
upon all tue instances OF these they have occurred
IA succession, during the last twelve years The,
nave been again and again exposed other more ii
| occasions, But have thought this proper opnor.
tnnly TO point out the enorniiy OF the prctensions
principles and practices Of that department as the,
have been, from time TO time disclosed IN these lat,
years, and show the rapid progress which has beer
made in the fuhnent of the remarkable LANGUAGE ~
our lusrious counryman, that the Federal Executive
had an awful squirting towards monarchy Here In
the country OF his birth surrounded by sons some Of
whose sres with him the first to raise their arms
| ~ defence OF American liberty against foreign mo-
narch u an appropriate place expose the impending
danger Of creating domestic monarch. And may
not, without presumption, indulge the hope that tn,
warning voice OF another, although far humber son oil
Hanover may not pass UNDECIDED
The late President Of the United States advanced
certain new and alarming pretensions for the Execu-
| tive Department of the Government the effect OF
which, il established and recognised by the People
must inevitably convert II into monarchy The first
OF these, and 1t was favorite principle with him, was
that the Executive Department should he regarded AZ
a unit BY this principle Of unity he meant and in
tended that all the Executive officers of Government
should he bound to obey the commands and execute
the orders of the President of the United States, and
that they should be anenabIe to him. or he be respon
shle for them Prior TO his Administration, il had
been considered that they bound to observe and
obey the Constitution and laws, subject only the
general snperintendence ofthe President and rcspon.
slble by impeachment and the tribunals Of Justice for
injuries inflicted on private citizens.
But the annunciation of this and extraordinary
principle not of itself sufficient for the purposes of
President Jackson; it was essential that the sublcc-
ton TO his WILL which its object should be secured
by some adequate sanction That he sought to effect
by an extension of another principle that of dismiss
sion from Office, beyond all precedent and To
der circumstances which would have furnished just
grounds Of his impeachment, according 10 the solemn
opinion of Mr. Madison and other members Of the
first Congress under the present Constitution.
Now, If the whole official corps subordinate To the
President ofthc United States are made TO know and
To feel that they hold their respective offices by the
tenure of conformity and obedience 10 his will il is
manifest that they look 10 that will and To
the Constitution and laws the guide of their official
conduct. The weakness of human nature, the love
and emoluments of Office perhaps the bread necessary
to the support Of their families would make this result
absolutely certain
power of dsmission would have fallen short of the
aims in view, without the exercise Of il held to
be prerogativc, for which the President 10 be
wholly irresponsible, Ii he compelled to expose
the grounds and reasons upon which he acted in dis
inssals from office the apprehcnsions of public cen
would temper the arbitrary nature OF the power
and throw some protection around the subordinate of
tcer. Hence the new and monstrous pretcnsion has
been advanced, that although the Of the
Senate necessary by the Constitution to the conr
qucntly dismiss the person appointed, not only with
out communicating the grounds on which he has
acted to the Senate, but without any such commun-
cation the People themselves for whose benefit all
offices are created And bold and daring has the
Executive branch Of the Government become that one
Of its Cabinet Minister'S himself subordinate officer,
has contemp,uousy refused to members of the House
Of Representatives to disclose the grounds which
he has undertaken 10 dismiss from office persons act
/ inc as deputy posnlasters in his Department. f
As TO the gratuitous assumption by President Jack
SON. of responsibility for all the subordinate Executive
officers il is the merest mockery that was ever put
forth. They will escape punishment by pleading his
orders, and he by alleging the hardship of being pun
ished not for his acts, but for theirs We have
practical EXPOSITION Of this principle in the Of
the 100000 militia. The Secretary Of War comes
out to screen the President by tcsying that nc never
saw whathe strongly recommended; and the Prcsi-
dent rccpocates that favor by retaining the Secretary
in place, notwithstanding he has proposed plan for
organizing the militia which is acknowledged to be un-
constitutional IL the President is not 10 be held
sponsible for cabinet minister in daily intercourse
with him. how is he to be rendered for receiver in
| Wisconsin lowa2 To concentrate all response
bility in the President, is to annihate all response
| bility For who expects TO the day arrive
when President of the United States will be inn
peached; or, if mpeached, when he cannot command
more than one-t third Of the Senate to defeat the i'm
| parchment
But to construct the scheme of practical despotsm,
whilst all the forms of free government remained II
was necessary to take further step. BY the Con
stitution the President is cnioined to take care that
the laws be executed This injunction was merely in
tended TO impose him the duty of general super
lntendcnce to see that offices Were filled officers at
their respective posts in the discharge Of their official
functions .and all distractions 10 the enforcement of
the laws removed, and, when necessary for that
purpose to call out the militia. NO one ever imagined,
prior to the Administration of President Jackson that
President Of the United States was to occupy him.
self with supervision and attending to the execution
of all minute details Of every Of the host OF offices
| in the United States
Under the cons, tutona in junction just mentioned,
the late President put forward that most extraordinary
prctcnsion that the Constitution and laws OF the uni-
ted States were To be executed, he understood them
and this preenson was attempted to be sustained ny
an argument equally extraordinary, that the PresI-
dent being officer, must carry them INTO effect
according to his of their meaning \ he Ion-
sti,ution and laws TO be executed not according
to their import handed down to us by our ancestors
as interpreted by contemporaneous exPosltions, ex-
pounded by concurrent Judicial decisions, as hxcd by
an uninterrupted of Congressional Legislation
/ hut in that sense which a President Of the United
States happened TO understand them
To complete this Executive ursurpation one further
object remained BY the Constitution, the command
Of the Army and Navy is conferred on the President
i If he could unite the purse to the sword, nothing
would be left crafty the Unsuitable thirst for power
In 1888 the President seized the Treasury ofthe Uni,
ted States and from that day to this il has continued
substantially under his control The seizure was ef-
fected by the removal Of Secretary of the Irea-
sury understood to be opposed to the measure and by
the dismissal Of another, who refused to violate the
law of the land upon the orders Of the President.
II is indeed, said that not dollar IN the Treasury
can be touched without previous appropriation by
law nor drawn out Of the Treasury without the con
currcnce and signatures Of the Secretary the lrea-
surer the Register and the Comptroller. But are not
all these pretended securities idle and unavalline
| forms We have that Ivy the operation OF the
irresponsible power of dsmsson all those officers are
reduced TO mere automatic absolutely subjected to The
will of the President What resistance would any o.
them make with the penalty of dismission suspended