The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-21

the words, "The President shall be committeeman
OF the army and navy OF the United States, unqualified
unrestricted as they stand Congress shall have power
to raise and support armies" but the President shall
command them. Nothing could be explicit Yet
construction is to give to Congress the power to command
as well to raise and support and the President is 10
be dsrobed of one OF his most essential attributes
Let us look back and see how the constitution was
understood by those who framed and those who adopted
In Elliofs Debates on the Federal Constitution vol
pages 1876, may be found project for an executive
submitted to the convention by Mr. Paterson of New
Jersey, which contained the following proviso viz.
Provided that none of the persons composing the ede
raj executive shall, any occasion. take command of
any troops. psrsoaayto conduct any military enter.
prise, general, or IN any other capacity"
This limitation OF the executive power was rejected in
every shape, and the friends of the restriction addncel
that of their grounds OF opposition to the cons
tuition In Luther Martins letter to the Legislature Of
Maryland, giving his reasons for voting against it, were
the following passages, viz
'Obecton made that part of this article by which
the President is appointed the any
and navy OF the United Sates and of the militia the ey.
em States and il wished TO be far restrained thai
he should command in person bur this could not BE-
obtained.' "The army and navy which may
be increased without restraint Snumbers the officers
which, from the highest the lowest all appointed
by him. and dependant his will and pleasure and com.
aaded by him person. will of be suhservent 10
his wishes" &cEHioh's Debates, pot 1, pages 1883
Luther Martin did not think the power of the President
commander-in quite so '.shadowy" as the no.
lawyers of the National Intelgencer do Nor was he
alone. Patrick Henry took the view OF the power
= A. De- .J~.xx Il. FIJI
sions in the Virginia convention, viz:
The army in his 1.-THE Pesidents] hands, and if he be
a of address it will be attached to him" ''The
President in the field at the head of army prescribe
terms on which he shall reign master" ''Iie win
come at the head of his army" &cEWotts Debates p
3, page SO.
"George Mason, anmadverting the magnitude of the
powers of the President alarmed the additional
power of commanding the army person. He admitted the
propriey of being commander-in-chie far give
orders and have general SUPPLEMENTARY but he thought
it would be dangerous to let him command in person,
without any restraint, as he might make bad OF it,
He then, clearly of opinion that the of
jory of both houses Of Congress should be required before he
should take the command IN person., &c.
"Mr Lee reminded his honorable friend that it did not
follow of necessity that the President should in
person; that he was to command as civil officer and
night only take the command when he man of mill
tary talents, and the public safety required it,"
Mr. Mason replied he did that the President
was ofnecessiy to command but he might he pleased and
if he ambitious man, he might make dangerous
use of it, Eliiotfs Debates, pages 1861
Mr.. Irede in the North Carolina convention, said
n amostevey country the executive has the command
olhe military forces. From the of the thing the COM
mand of armies ought be delegated one person only
The secrecy DESPATCH and decision which necessary
in military operations, only be expected from one per-
son. The President, therefore, is to command the military
forces of the United States; and this power think proper
one; the time, it will be found be sufficiently
guarded. "-EUiotfs Debates, roi. 4, page lO7.
DI Miller could not the necessity of vestng this
power in the President He thought that his influence
would be too great in the country, and particularly over
the military, by being commander-n-chef of the army
navy and militia He thought he could too easily abuse
such extensive powers and Of opinion that Congress
ought to have the power to direct the motions OF the army
He dered il defect in the constitution that it was
expressly provided that Congress should have the dc
ton of the motions OF the army
Mr. Spaight answered, that it that the
mand Of the army and navy given the President;
but that Congress- who had the power of raising armies
could certainly any abuse of that authority in the
that they alone had the Of supporting
armies, and that the President Improbable if he
any manner abused his He surprised that any
objection should be made giving the command OF the
army to man that il was well known that the direction
Of an could not be properly exercised by
body oil mem that Congress had, in the last war; given the
exclusive command of the army the n-cheG
and that they had done perhaps independence
of America would have been established "-ERiots
Debates pot- 4, pages lI4-l5
Ill CoWHlitlce Oh the maryland convention,
ment to the constitution proposed that the Pres
lent shall not command the army in person. without the
consent Of Congress- but it was voted down-Eliofs
Debates rol. Q, page 553 similar motion was made in
he New York convention.-Page 4Os.
Friend and foe of the constitution all united as well in
he Federal Convention which framed it, as in the State
which adopted it, in concedng that the
President to have the command OF the army, and
might command it in person if he chose
We find the concession running through the
numbers of the "Federalist" but most distinctly laid
down in No. IA, by Alexander Hamilton in the follow
ing words, viz:
"The President ofhe United States is to be commander
n-chefof the army and navy of the United States, and OF
he militia of the several States when called the
ual service of the United States.
The popriety of this provision Is evident and il is at
the same time corsonan to the precedents of the State
in general, that little need be said TO explain
Or to enforce it, Even those of them which have other
respects, coupled the Chief Magistrate with council have
for the most part concentrated the military authority in him
alone.
"Of all the of government the direction
oil war most peculiarly demands those qualities which dis
tnguish the exercise of power by single hand The d-
rection of implies the direction of the common
strengths and the power of directing employing the
common strength forms Usual and essential part the
definition of the executive authority"
Mr.. Madison, in Of the numbers of Helyilus,
makes the following remarks:
ga declaration that there shall be war; isno an execution