New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-09-24
MR.. wEBsTER's POSITION.

!, very important one, and deserves cool and
candid discussion.
In answering the question proposed, it IS well to
understand distinctly the relation existing between
the President and what IS called MS Cabinet.
We all know :ha; it is maxim of the English
law that the King can do no wrong. Such is the
reverence. which i. paid TO the royal person thaf
acts of State justly liable to censure, are usually
supposed TO flow fIom the advice Of the Admins
,ration. The ministers are held responsible fOr
act. Of royalty. Hence it follows tia, the advice
Of Cabinet Ministers in England must be followed.
or they will, OF course, resign. Quite different
doctrine prevail, in ,hi. country. The President
is elected by the People; ne i, responsible Tor his
acts, and for his omissions OF duty, to the People;
he cann.t cast the responsibilities upon others
Chancellor Kent, in his Commentaries, justly re-
rarss: The inviolabili,y Of any officer ST the
Government Is incompatible with the republican
theory, US well as with the principles OF retribuive
Justice The President as well all other Off
GERS Of the United States, may be impeached by
the House of Representatives for treason, bribery
and other high crimes and En;sderneanOrs, and,
upon conviction BY the Senate removed from
Office" The President mar undoubtedly require
the opinions in writing. or herwiss, OF the heads
OF the Executive Departments upon any act or
measure connected with the discharge Of hi. OIL
cial duty; but he is not bound to concur in thoss
opinions he is not required to follow the advice
given him BY his constitutional advisers. Nor is
it Jus, cause Of offence 10 the Secretaries giving
.dvice !: il is not pursued. President Washington
called upon the heads of apartments composing
his Administration for their opinions on the sub
iect of a National Bank: the Secretary OF the
Treasury, Gen. Hamilton, was /, favor Of such an
institution; the Secretary OF State, Mr. Jefferson.
opposed IT, The advice OF Mr.. Jefferson was not
taken, vet he never considered this difference Of
opinion between the President and himself as just
cause Of displeasurc, or reason why he should
withdraw from the Administration of General
Washington Nor ia it believed that i: contrary
TO the opinion OF General Hamil,on, the first Bank
bill had been returned with objections, ne would
have deemed himself called upon 10 resign, al
though in that case there would have been plau.
sible apology for resignation, for it is very reason
able that if the President and the head of De-
partInent cannot agree important subjects be-
longing 10 that Department, the head of the De-
partment should sec fit TO retire. The enlightened
and patriotic Secretaries composing President
Washing,ons Administration, in the primitive
DAYS OF the Constitution, when it was fresh from
the hands of its a-thers understood ths respor
bilities that attached TO their respective Offices
they differed in opinion bu, that difference was no
cause of separa,ion-is furnished ground for
their abandoning posts to which they had been as
signed with the full appreciation Of the country.
Secondly The President has the power, by and
with the advice and consent of the Senate, to APP
pon, the Secretaries, or heads of the several Ex-
ecutive Departments; but when appointed, they
are in Office under the Constitution and the law !;
they are not bis servants, but the servants of the
People The President, in making nominations
to these e.fices, exercises power in trust under
the CONSTITUTIONS but the persons fer whose bene-
ft the power is conferred on him-or, a. the law
ycrs would say, the ceStut que trHsts-are the
People Of the United States. The President has.
too, the power in trust OF removal from Office but
he has no more power of removing one OF the
Secretaries of an Executive Department, than he
has OF removing the District Attorney Of the Uni
ted States for this District, the Marshal, the Col
the Armies of the United States. Ii may be we'll
TO remark here that Mr.. Webster always contend
ed that according 10 the true meaning of the Con-
sti,ution, removals from office should be made by
pointments; bat the practice under tho Govern
ment had so long been opposed 20 this construc-
ton, that il too late 10 set 1t up. BY the ex-
erci.e OF the same power required to remove Gen.
Scott from the command of the Army, the Pres-
dent can remove Daniel Webster from the office
of Secretary Of State. Both these high officers are
the servants of the Republic, and their constitu.
encv, like that Of the President himself, is COM
posed of the whole People of the United States.
Like tho President they hold Offices under the
Constitution and the law; they have legal and con-
.,iuticnal dates incumbent their respective
Offices, not connected with or dependen; on the so-
.ition OF the President. The duties thus imposed
on heads OF Departments they must perform on
their own responsibility, wholly independent of The
President, except they would naturally consult him
on important matters but the responsibility is
theirs, not his. Thu. the Secretary of the Urea
,ury is to make an annual statement of tia nav-
ya,:an and commerce of the Country. &c sc.