The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-21
70, n, u.,.,
no ms nnsary Committees In oO..,,.. '

have never yet been 90 defined by any special 49,.
Congress OF decisions OF the judiciary as 10 esablI
yond doubt the limit Of his constitutional power a =,
mander in chief lie has in repeated instances ever,
this power to dismiss officers at his will without IN
or the opportunity OF justification and defence IN, i
ject Of addressing this communication 10 the M6s.
Committees is TO draw their attention TO this subec y
10 raise the question whether the constitution anil
acts OF Congress have not placed this exlraordiaar
er beyond the reach OF the Executive.
The constitution has provided three independent D.,
necessary TO the sale administration OF The gso
government They are. the legislative, the iudics !,
the executive SO far as they derive their indepenj'~
and powers from The constitution, they are supreme !,
beyond the control OF any law Directing your alleDTN
TO iae distribution OF these powers, It will be seen .
ton S. article 10 OF the constitution. that the power \.
make rules for the government and regulation OF the M
and naval forces" is Vested in the Congress. Here y
iavssisre OF authority that Congress cannot deiseOb
must make laws for the government OF the army n,
navy.
1t need not be argued that this clause embraces IN.
tire administrative and Judicial code necessary 10 go,
men. discipline, and justice; including punshmenu
penalties. and defining crimes and offences They lOD,
from the nature of things. There is great lcisoa M
provision OF the constitution. IL was doubtless Intended
by its trainers as check upon the President, who.
power as commander-ln- chief would have been III.
and dangerous indeed had this control Of the military b
left TO his executive office
In conformity with this power. Congress has fran
time TO time made laws for the government Of The ann
and navy These laws have been carried into eaec, NJ
the orders OF the President, and by regulations il NJ
nature OF orders adapted to their execution In mi
Congress adopted the code known ",he rules and an
cles OF war" This was very complete, embracing n
full administrative and judicial system II defined NJ
great features OF military offences. and classified s
as TO prescribe forms OF trial, and in many nslaDo
specific penalties. In substance and effect, howeyu
left the entire judicial system, the measure and degnW
of most offences. and generally the form and nature Il
punishmens, TO the judgments of courts-maria MI
duties OF the President as elaborated in this CODE al
wholly executive II is made for his adminson|
ton in clear and simple language; and not to be con
strued al his pleasure, 10 the subversion OF their intel
ton and meaning, and for the extension OF bis poweI
The greatest of the powers they besow upon him al
the ordering Of general courts martial and courts n
qury AMI the approval of all sentences that in tnd
peace go TO the dismission OF commissioned o&ce
sentence of death Congress had great in all a.s
acts TO secure the administration Of justice and gr
every officer and soldier accused Of crimes fair and
partial trial by peers, and to place beyond the eHs
tive control the judicial system, lis penalties and g
| ishmens.
| In 1923 Congress passed law entitled can act III
corning the disbursement of public money" apnsl
January 81. The third section OF this act gave ha'
President specific power 10 ''disniss every ofhca Il
agent of the United States who should fail to render
accounts in conformity with this law, unless the o6
should render to the President satisfactory excas
This law is general in its nature, and embraces wit
lis purvew all military well civil officers VII
by their office, receive and disburse the public mons
Ii is the first and only law Congress has ever pay
giving to the President the extraordinary and danee1
pouer OF dismissiBg without trial military otto
Mark the language military officers ot is theh]
ger incident TO such power over the military 81 II
country that makes broad the distinction between a
exeron Of this power in civil and military cases
| Ii has long been settled that the constitution vested
the President the right TO al his pleasure alc
officers, except the judiciary; and that this power va
necessary 10 the very essence and being OF govem1r
as incident TO the office as created by the constitution
these words The executive power shall be vestsn
President OF the United States" There has alwaysu
listed diversity OF opinion the policy of leaving vi
the Executive even the power to dismiss at his pes
civil officers. Many OF our most eminent slalesna
denied that the constitution could be so construed as
implication, 10 vest ibis "prerogatiue OF souergAy
the Executive. The principle, however. has been .ek
since the vote IN Congress in June, 1889, the bill
establish an Executive Department, a clause OF vbc
provided, "to be removable from Office by the Presses
OF the United States" In the House the power was ~
coded by vote OF 3lto 20; in the Senate the same p
was confirmed by the casting uoie Of the Vice Presd
The debates on this question clearly show thai The al
preston OF this decaraiory act of Congress did net rad
The case of officers OF the army and navy The r,sr
mainly urgel at that time to the effect thai upf
eney and policy required the exercise OF this power
the reason that there existed ready and convsnnl
tribunals for the trial and removal OF aithess and n
worthy officers; and unless the President coud es|
his power 10 remove. great and inemediabe mshs
must ensse Such reasons OF policy and expedenqr
not applicable 10 military officers They are liable 4
law, to military courts and the most summary and Fl
emplary suspensions, removals, and punisbments 4
reached without delay and yet by fair and imparu
trial
But the fact that The President cannot dismiss ofau
The army and navy at his pleasure rests upon higbaa
more secure ground than mere policy and exped'hq
They hold their offices BY tenure derived from The u
stiiution. They wisely beyond the mere peasur
the President by the constitution and by law Thah'
flowing from the constitution, is supreme The cons
talion says "the Congress shall make the rules TOT n
government and regulation Of the land and naval lore
Here is stronger tenure OF Office than the mere will II
pleasure OF the President The Congress, in wlsa|
most prulenty took that the great military pOvd
the army and navy should not, by its omission 10 sc
left to the caprice of an Executive who could retu'
every military officer his commission and ihusdss
The entire military establishment OF the country hf
cordngly passed the complete penal and udica ps''
already referred TO, controlling wholly the Pfeaos
power commander.In. chief to punish by dIsmssoo
except by the execution OF law.
Mistaken views have long been entertained On
subject In TACT direct inquiry and attention have !"
been pointed 10 it, The great mischief has been ca's
by vague Interpretation and msconstruction OF Law,
by the nd'sposiion OF military officers 10 trouble y +
gress with their grievances-the only tribunal where