The daily union., 1854-07-22

superior administration until during the administration
John Adams when the magnitude of our commerce, ant
the Importance Of maritime relations induced the gov
ernment TO pay more attention to the military marine
70 establish the Department Of the Nayy the chief officer
winch 70 be called the Secretary of the Navy whose duty
shoald be TO execute such orders he might receive
from the President relative the procurement OF nava
stores and materials and The construction, armament
equipment and employment of vessels-of-war as well
to all other matters connected with the naval establish
ment of the United States (April 30 1889 j3 1oa3h
Of . aa n so 0nE dnoe ps[ea 81 d a
Quincy ADAMS change in the general character Of TIA,
executive departments took place although all of them
derwent more less modification in details by the inter
transfer Of old, or the creation of branches Of bs
ness, and especially the establishment of bureaus OF
The enlargement of old materially affecting the in
terna organization of the Departments of State War
Treasury Navy, and Post Office
Bat at the opening of lackson administration the Post
master general, whose duties and responsibilities had
grown with the growth of the country be of vast i'm
portance, was called as the public interests required he
should be- to the duties of cabnet counsellor OF the
President which had been discharged heretofore by the
four Secretaries and the Attorney General
This fact constitutes the first important alteration in the
arrangements Of superior administrative dutyand
ability which had occurred since Ia9 when the Depart
ment of the Navy was established.
Perhaps equally important fact occurring the same
period the decision by Jackson the
attending the removal of Mr. Duane Secretary of the
Treasury and the appointment of Mr. Taney of the ques-
ton of the responsibility Of the heads of departments
The President M i ias.lf =. hsf.a lnt sn ln,B a.li
Finally by an act passed at the close of Mr. Polks ad-
instration, March 3 ls49 in order to relieve the De-
artments of State War; Treasury and Navy Of branches
OF public business created from time to hme which
ached TO those offices originally from considerations Of
fitness which had ceased to exist from the any
more convenient destination To be given to them now re-
qured to be placed in other hands executive depart
ment organized be called the Department of the In
terror to the Secretary of which committed the super
vision OF the Patent Office the General Land Office the
counts of officers of the courts Of the United States Indian
affairs the Pension Office the census mines and the public
buildings 'i- ttt " si4tF ~ l'taA' ai" sF.-tf 'it
This act 1T should be observed does not provide in
terms that the Secretary Of the Interior shall be subject to
Secretaries of State War Navy, and Postmaster General
do the acts appointing the Secretary Of the Treasury
and the Attorney General On the other hand none of the
subject the chief executive officers the duty Of respond
ing TO direct calls for information the part of the two
houses of Congress This however has come by analogy
by usage to be considered mart Of their official bs
ness md the established of the subordination
all Of them 70 the President has in like manner come
exist party by construction of the constitutional duty of
the President TO take that the laws be faithfully exc
cuted and his consequent necessary relation the heads
OF departments, and partly BY deductipn from the analo
ges of statutes,
One other fact which has been alluded TO already re-
quires more particular attention Is ~ t,H li tlt
1t is the constitutional duty of the President and of
course his right to recommend legislative measures
Congress- which is in effect the suggestive initiation OF
laws BY express provision of law, it is made the duty of
the Secretary OF the Treasury to communicate information
to either house Of Congress when desired and it prac-
ticay and by legal implication the same witi The other
Secretaries, and with te Postmaster aul Tie Attorney
General But the provision Of law which enacts that the
Secretary Of the Treasury shall make report and give
formation to either branch of Congress person when
CURED and which, If carried into operation, would in fact
confer on the Secretary the advantage though
Der Of Congress- yet Of explanatory discussion both in the
Senate and the House of Representatives docs not appear
to have been at any time pracsed upon by Congress
either in regard to the Secretary of the Treasury or any
other head Of department by analogy hat heads OF de-
partments nave in been called make
plantations in person committees of Congress a-ig
1t has appeared necessary to take this retrospective
vey of the formation Of the several executive departments
and OF their general relation ~ aptheg preliminary
to an explanation ot tho in which existing laws
provide for the supernendence and management OF the
Judicial and legal business Of the government
We have seen that the act establishing the Office OF At
t0fney General expressly imposed hin classes of
day: first prosecute all suits III the Supreme Court In
which the United States concerned and secondly
give his RdFice and opinion IN questions OF law to the
President and to the heads of departments, .a set8
In discharge of the second class of the aforementioned
duties the action of the Attorney General is quasi judi
cia His opinions officially define the law, multitude
of cases, where his decision in practice final and concl-
sve not only as respects the action of public officers in
administrative matters who are thus relieved from the
sponsiby which would otherwise attach to their acts,
but also in questions of private right nasmuch parties
having with the government possess in general
no means of bringing eonroyerted matter before the
courts of Jaw and obtain purely legal decision OF the
CONTROVERSY distinguished from administrative
only by reference to the Attorney General 3t 3 tss
the successive Attorneys
eral possessed of greater less of legal
requirement, and experience have 10 constitute a
body Of legal precedents and exposition having authority
the same in kind ifnot The in degree with decisions
OF the courts OF justice ,.ia. .ss ii l.ut4.s 4es.t
1t frequently happens that questions of great Importance
submitted TO him for determination deliberately
gued by counse and whether it be not he feels in
the performance of this part of his duty that he is not
counsel giving advice the government his client but
public officer acting judcially under all the solemn
responsibilities of conscience and of legal obligation
Although the act requiring this duty of the Attorney
General does not expressly declare what effect shall be
given TO his opinon the general practice Of the govern
men has been TO follow it, partly for the already
suggested that officer going against it would be sub
jec to the imputaton of disregardng the law officially
pronounced and partly from the great advantage aud al
most necessity, of acting according TO uniform rules of
law IN the management of the public business! result
only attanabe under the guidance Of single department
Of assumed special qualifications and official authority
But the Attorney General is under obligation to
der award determine question OF fact In
icrred to him does appeal TO him lie from another
department by any party assuming TO be aggreved by its
action and seeking TO have il reviewed. is he TO give
advice 10 heads Of departments matters which do not
their departments and in which the United States
have interest is he authorized TO give official opn-
lens in any falling within the scope Of his duties
so us TO connect the government with individual contro
vcrsie in which it has and with which il ought
inerfee is he in general to give official opn-
ions to subordinate officers Of the government ought
lie advise individuals in regard any question Of legal
right depending between them and the government .l
Some uncertainty has existed npon the point whether II
is the duty the right Of the Attorney General TO give
mdro legal opinions the Senate the House of Repre-
sentaves it having been denied in by Mr. Writ
Ru he in with other persons holding the office,
recognised by his action in sndry the right Of either
house of Congress to call on him for information in any
matters within the scope of his Office and his duty tocom-
muncate the