The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-19
THE EXECUTIVE POWER.

| We should not probably again have ventured
upon the discussion of this subject, in the pre-
sent sensitive state of the public mind, had we
not been placed in position by the National
lntelligencer, which requires definition and de-
| fence. That paper Of Monday, with an air OF
high sef-conldence, denounced our views as
''repugnant TO the spirit Of the Constitution, .
\ and as the " most odious Of the Jacksonian doc
trlnes y and characterized them again in lis CO.
lumns Of Tuesday as heresies.n To such
accusations, we are not disposed tamely to sub
nit, SO long, especially, as we are convinced
that we in the right
/ The Inteigencer has never committed a
jeci, as we can plainly show There is nothing
better settled as TO the meaning Of the Consti-
tuition, than are the relations between the Presi-
dent and his Cabinet They are settled by ex-
press and competent authority, and BY the uni
! form practice Of the Government. The Consti-
slve. The Executive power, by the former in
strument, is vested in The President; not in the
| President and the heads Of the Departments
''He may require the opinion in writing, of the
principal officer in each Of the Executive De-
partments upon any subject relating 10 the du-
ties Of their respective Offices Why may he
do this Is il that this opinion may be carried
into execution Then it would be supereroga-
ton to bring il before the President 1t is evil
IDENTITY that he may Judge Of it, and control it
that he may know how these subordinate Off
GERS are about to exercise their political duties,
and as he alone is. responsible for the exercise
Of the political powers Of the Executive, that he
may see that they are rightfully exercised. He
is required BY the Constitution ''to take care
that the laws be faithfully executed and must,
therefore, see that the heads Of Department un.
derstand and execute the laws faithfuiiy"
So has the Constitution always been under
stood by Congress. Look at the act of 1889,
establishing the State Department. The Secre-
tary 'shal conduct the business of his Depart
ment in such manner as the President shall,
from time To time, order OF instruct"
SO il was understood by the trainers and ear
" expoundcrs and defenders Of the Constitu-
ton in the Fedcralist. The 10Th number, writ
ten by Alexander Hamilton, is decisive upon
the subject, and it defends most ABLY this feature
in the Constiution-sho that the Execu-
tive power is more easily confined when It is
onc-tha il is far more safe there should be a
single object for the jealousy and watchfulness
of the People; in word that all multiplication
OF the Executive is rather dangerous than friend
" TO liberty The same defence of this posi-
ton is made by Mr. MADISON, in the 18th mum
| Der, where he says: 'sUnauthorized measures
would Of course be more freely hazarded, than
when the Executive Department is administered
by single hand or by few hands. Else
where he speaks of these officers as the organs,
= the eyes and hands Of the President"
SO, too, the Supreme Court Of the United
States in the case Of Marbury and Madison, |
vol Cranch l66, they say; by the Consttu-
ton of the United States, the President is in
vested with certain important political powers,
&c; to aid him in the performance of the duties,
he is authorized TO appoint certain officers, who
act by his authority, and i. conformity with his
| orders In such cases, their acts are his acts.
So, too, in 3 Peters, 5l3, they say: The Pre-.
sident acts and speaks through the several De
partments in relation 10 subjects which apper-
tain TO their respective duties"
Now, LEI the Intelligencci assail these doc
trlnes, or admit ours, for they are identical. Is
it possible that these experienced editors, so long
acquainted with these authorlties--so anxious
that established and settled constructions OF the
! Constitution should not be questioned, are now
starting these novelties? Are they, by sophis-
try and defamation, scekngto sanction, bynew
opinions. new and unheard of administration
of the Government-whereby men never elect
ed by the People are TO control him who is, are
10 have the right Of advising the President, and