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


those whom, by the Constitution and The laws
which he has sworn to fulfil. he is bound from
time 10 hme 10 order and instructor Might il not,
witha charity like therown, be supposed that they
had, IN The pressure OF present difficulties, called
some raw, rash hand to their columns, who,
fresh from his grammar, but unacquainted with
these standard authorities on the Constitution,
had been led away by speech OF Mr.. Bib,
which he does not understand 10 do that gentle
man the injustice OF making him the asserter Of
doctrine which he must and would disown2
" Mr.. Bib intended his remarks 10 apply TO
Cabinet officers, and their political acts in their
several departments, then what would be the
weight OF his authority opposed to that we have
quoted When he says, "our officers are Off
GERS of the law, not of the President" and
asks, . are they but his mere instruments and
agents :" We say the act Of Congress answers
II says of these Cabinet officers, he is from
time 10 time 10 order and instruct hem.n We
say TO him, and TO the lntelligencer, and 10 all
who ask such question, that Mr.. Madison an
swers-they are his eyes and hands. We say
the Supreme Court answers" they act by his
authority and IN conformity rim his orders.
In such cases their acts are his acts" g he
speaks through hem.n We say further, (and
we count this as fully equal authority, that the
whole country has answered in the same way
Since the formation of the Government have
not the People, without question, held every
President responsible for all the Executive acts
Of al . acl
President or his friends ever pretended TO use
this screen of Cabinet Ministers Would il
not be held absolute degradation in any Pres-
dent TO shrink from this responsibility, and at
tempt TO lay il on the heads Of Departments e?
If Mr.. Bib meant TO include the official acts
of these officers in the remarks quoted from him
by the Integencer, he spoke most loosely, and
not with ga judicial spirit The extract itself
shows that the Presidents Protest was consider
ed (whether Justly or not is mmaterial as claim
ing this power of control over all the acts OF
all inferior ofiicers-and this was the doctrine
that Mr.. Bib ressted-and if il was claimed
il was rightly resisted for there is no doubt but
that there are some acts assigned TO some officers
in relation To which the President can have no
such control. This was the case in Marbury
and Madison; and vet, in that very case the
Supreme Court distinguished between such acts
and those in which the President exercises the
political powers given 10 him by the Constitu-
ton, in which the Court, in the plainest terms,
recognize his right of control over the members
of his Cabinet. And this is all that relates to
tho pras an1
sition.
The vote upon the Protest therefore, quoted
so triumphany as authority is no authority
upon the point at issue.
i shows that the majority Of the Senate, in
GLIDING the present President considered the
to control all acts of all otficers-and this they
denied. And the minority did not so consider
the Protest, as asserting such claim and there
fore, and not because they claimed the power,
voted against the resolution.
But never before, never till now, did any court,
speaker, or writer pretend that the members Of
the Cabinet were to be independent ministers of
Government, having right to ddrise the Presi-
dent, and carry on the political duties of their
respective departments free from his control
Such Government, we hold, with Mr.. HAM
lLToN, would be like that Of ''the Decemvirs Of
Rome more to be dreaded in their usurpatons
than any one Of them woad have BEEN
And now what are the objections to this doc
trnel II IS arbirary--savors Of tyranny, TO al
low one man to control six Ay, but this one
man has been chosen by the People, and the six
have not, He has selected the six 10 aid him
and act for him, in duties, for the fit discharge
of which he, and not they are responsible The
writers OF the Federalist and trainers of the
Constitution thought this no tyranny. Let the
lntelligencer read, and answer if il can, the ar
gument in the 10Th No. Of the Federallst.-
There il is said /" II is evident from these con
siderations that the plurality Of the Executive
teuds 10 deprive the people of the two greatest
securities they can have for the faithful exercise
of any delegated power first, the restraints of
public opinion, which lose their efficacy, as well
on account of the division Of the censure atten-
dant on bad measures among number, as on
account of the uncertainty on whom II ought TO
fall and secondly the opportunity OF discover
ing with facility and cearness the misconduct Of
the persons they trust in order either to their
removal from office or TO their actual punish
ment in cases which admit Of IT,"
But the Integencer thinks It ''presumption,
almost amounting 10 impiousneSs, that would
compel six persons, endowed by the Creator
with the highest intellectual powers, distinguish
ed among their fellow men for the freedom and
bodness of the exercise of those powers, and
therefore placed in the highest trusts, to regu
late all their thoughts by those of any other
mind with which they happen TO be brought IN
contact