The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-08-21
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
InteligenceI which requires definition and de-
fence. That paper of Monday, with an air of
high self-con6dence, denounced our views as
"repugnant to the spirit of the Constitution"
and as the 'most odious of the Jacksonian doc
trines;' and characterized them again in its CO.
lumns Of Tuesday as "heresies." To such
accusations, we are not disposed tamely to sub
NIT, so long, especially, as we are convinced
that we are in the right ,..s,. .#% Il M.
The Intelligencer has never committed a
greater mistake than in its course on this sub
ject, 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-
tuition and the early laws Of Congress are deci-
sive. 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 to the du-
ties of their respective Offices" Why may he
do this 2 Is it that this opinion may be carried
into execution Then it would be supereroga-
ton to bring it before the President. It's evil
IDENTITY that he may judge Of il, and control it
hot he Lno h<xx fhaca eI,ho 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 faithfully"
So has the Constitution always been under
stood by Congress Look at the act Of 1889,
establishing the State Department. The Secre-
tary "shall conduct the business of his Depart
ment in such manner as the President shall,
from time to time, order OF instruct"
So it was understood by the trainers and ear
ly expounders and defenders Of the Constitu-
ton in the Federalist. The 10th number, writ
ten by Alexander Hamilton, is decisive upon
the subject and it defends most ably this feature
in the Constitution shows that the Execu-
tive power is more easily confined when it is
one-that 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-
tion is made by Mr.. MADISON, in the 18th num-
Der, where he says Unauthorized 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 ofthe President"
So, too, the Supreme Court Of the United
States; in the case Of Marbury and Madison, 1
vol. Cranch l66, they say: "By the Constitu-
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 ia conformity with his
orders. In such cases, their acts are his acts.n
So, too, in 10 Peters, 513, they say: :" The Pre-