Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-08-07


and gaugers' of rights abroad must they naturally
be who have sold them all at home. But if they
reason wretchedly of rights, there others that
know what rights are, and will maintain them.
There is no disputing, except among the blindly
obsequous, what we have laid down and its conse-
quences. The powers claimed for the President
Commander are in the mass they include all func-
tons, Legislative and Judicial, executive and militia
ry they are civil, martial, commercial, and fiscal.
Not merely all things but all persons, come within
their scope. Now, were these powers limited
merely to what the Constitution renders of Execu-
tive competence, it is yet undeniabe that there must
be law before the Executive could execute any of
them. The action of the Executive branch of the
Government is secondary to that of Congress in all
but some very inferior and only formal matters.
To give to the Executive any of those powers in
Mexico which belong to him in this country, the
Legislative authority must first have there and
been exercised. Certainly the Executive may 90
there with them but only in the abstract and with
nothing to act on, until Congress shall have given
the body of a law to the pre-exstent soul of the
Presidential authority. So much for any power
which could vest in the President as our Constu-
tonal Executive. Of course the case is infinitely
stronger against him if he claim as Commander of
the forces. For while, as President, he has his
original his coordinate rights, and is not the crea-
ture of Congress, as Commander-n-chief he is
nonenhty whenever it pleases Congress to have no
fleet, nor army, nor militia called out In word,
as the Commander of the forces he is nothing las
we have shown but a subordinate he has no ORR
ginal powers either in esse or in posse, in the con-
crete or the abstract, vested or invested, and can
take none; for even secondary powers he cannot
receive until created for him by act of Congress.
But to another point. We have already said
that the Presidents commandership is partly civil,
partly military; that he holds no commission no
pay, and duties far higher always resting upon
him) cannot take command in the field or on the
seas that he is only the unmilitary agent through
whom the civil powers create, employ, and direct
armies or feets that he is simply their adminstra-
tive civil head, the servant of Congress under the
Constitutions thatin this function he takes very little
and nothing original for he is only Cabinet gene
ralissimo, who can neither decide war or peace in
council, in person lead in battle. He is, there
fore, as to this, the especial power of Congress,
strictly their officer and there is no question but
that the Legislative authority may at its discretion
assume the general management of campaign,
plan its operations, and issue its orders through
him, leaving him nothing but the office duties, which
are, by the Constitution the only ones necessarily
his. They could thus make it by regular and per-
manent statute; and of course they could do the
same by resolutions and orders from time to time.
II was so that the old CongreSs-a body Of mfe-
rior po,cers-did IN the Revolution. By this SUBJ
ordination to the war-making power, well as by
the difference of his Military from his Executive
function, the Presidents office as commander is an
entirely separate one, lodged only for convenience
administrative convenience-n the same person.
The several duties have no natural affinity. Our
Constitution, jealous of the Executive, has guarded
| against him the Purse, by making the Secretary of
the Treasury the officer Of Congress, the Revenue
power-markng the fact by making him report to
Congress, not the Executive. Equally Jealous of
the Sword, it has made Congress as exclusively the
War power; and plainly intends, therefore, to vest
in the Commander of the forces no independent
substantive authority, but merely that civil admin
isration which we have pointed out.
How is it elsewhere, under Governments less
fearful of the Executive In Britain, the King does
not in person discharge the duties of Commander
in-chief. They have there, like us, Commander
of the Forces one of the high officers of the Crown
Though always chosen as a soldier, he is mniste-
rial rather than military officer; which is shown
by the fact that he retains his previous rank and is
removable by vote of Parliament, on whom, there
fore, he depends. Not only Florence but Papal
Rome had her Gonfalonieri; Athens her Ten COM
manders, as well as her Archon or chief civil Ex-
ecutive. In Sparta but one Of the two Kings could
lead in war in Republican Rome, one Consul safe
near the Senate as Executive, while one went abroad
to war, directed in it by the Roman Legislature
The Achean League had, on the other hand, its
tHrategos, or General, who was personally its po-
tcal head but could scarcely be called its Execu-
tive; for it was not Government, but political
association of Staes united only as TO their foreign
affairs. Lastly, among the States of our Union, the
Governors, whose shadowy office is usually but a
weak copy Of the Federal Executive, are, like him,
tituar Commanders-in-chief: we do not remember
that any of them ever attempted to take command
in the field but, if he did, he was out of his proper
place. Like the President, the State-Governors are
only u-solders-desk mot deck) sailors