The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-05-22
From he National htsligencsr.
EXECUTIVE AUTHORITY.

l.
One at the great evils growing ont ofthe rapid and
constantly increasing assumptions, by the two last
Administrations of power granted either by the
letter spirit Of the Consultation is the confusion Of
sentiment which seems to have been created In the
minds of many in regard TO the true and consti-
tutional division of power and duties among the diff
ferent branches of the Government. Many persons
to have lost sight entirely of the fact that the au
thorty and duties Of every department Of the Govern
ment distinctly laid down and divided IN the Con-
stitution and by the legal enactments under it. Gen.
JACKSON, presuming upon his overweening populari-
~ and the too confding disposition OF the People,
often assumed 10 himself the exercise Of power not
granted by the Constitution and laws, but in deroga-
ton Of BOTH and made the attainment of his object
his great sole end, without regard TO the means by
which it attained. And ever since that time the
legitimate and constitutional functions ofthe different
branches of the Government seem to have been utter
y set at naughf by himself and his successor. Men
have consequently lost sight Of the ancient landmarks
ofthe Constitution set up by our patriotic forefathers
like beacons TO warn us of the shoals and sunken
rocks upon which all other constitutions of society
founded upon the principles Of selfgoyernment have
been wrecked.
of the pursued in the matter of subordnate APP
pointments by President TYLER. Wehave remarked,
with infinite satisfaction the clear and intelligent
manner in which he has far put into practice the
true spirit and intention Of the Constitution in his
every act, rejecting the Of exercising undue
qure it, in the duties Of those whose functions
distinctly specified by law.
This was TO be expected ofhm, for if there is any
in country who has steadily kept his eye up
the great principles Of the Constitution and honest
ly acted upon his own convictions of duty in all his
public acts without regarding the consequences to him
self-uninfuenced either 'by the fear or love ofpow-
er lit is JOHN TYLER. The American People then
may rely upon it that the mngng and entangling of
the separate powers and duties Of different depart
mar poft tho anch hog
of the great DIVISION which have for -ears past
created much confusion in the country, and afford
ed means and shield for the most tyIannical and
arbitrary exercise of undelegated power by the Execu
tive will not take place under the administration of
the present able, experienced and upright Chief Ma
gistrate ant his able cabinet
For the Information Of the Solons Of the Globe,
and others who are much alarmed at the course
pursued by the Secretary of the Treasury and the
collectors ofthe customs, in relation to subordinate
appointments, and ofthe Postmaster General, we re-
fer these arise gentlemen to the act of Congress of
March Q 1893, sec 81, which provides that the Col
lector "sha, with the appreciation of principal OH
Ger ofthe Treasury Department, employ proper per.
weighers measurers inspectors at the several
ports within his district, "&c.
Here is q striking similarity with the language of
the Constitution specifying the duties and powers OF
the President: He shall have power by and with
the advice and consent ofthe Senate" &C.
In regard the powers and duties Of the Postmaster
General in respect to the appointment Of his assistants
about which the Globe complains, the law is equally
clear and explicit. By the act ofMarch B 1926, the
Postmaster General is directed to appoint two assis-
and such clerks may be necessary for the per-
Torrance of the business ofhs Office and as author
lied by law.
The 10th section of the act of July % 1885, enacts
that there shall be employed by the Postmaster Gem
eral third assistant postmaster general" &C.
n We hope now that we shall hear more complaint
from who seem to have forgotten that there are
any laws constitutional povis ons, that the Presi
dent does not discharge the proper duties of his station
md that the able gentlemen of the Cabinet do not
lerstand their legal and constitutional duties.