The daily union., 1854-07-22
REPORT OF ATTORNEY GENERAL CUSHING.


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SR AT the expiration Of ayears experience In the dis
charge OF my present Official duties and observation OF
their relation 10 other branches OF federal administration,
TO not unreasonable now 20 lay before you some
suggestions OF possible improvement in the manner of
1l ductng thc legal business OF the government
The constitution Of the United States provides that the
executive power shall be vested In the President of the
United States who shal be commander-inch,a of the
army and navy; who shall by and with the advice and
consent Of the Senat~ make treaties who shall nominate
and by and with the advice and consent Of the Senate APP
point all officers Of the United States military Judicial
diplomatic administrative whose appointments not
otherwise provided for and WHICH shall be established by
law who shall have qualified participation in the enact
nent Of laws and take that they be faithfully executed
and who shall from time to time give 10 Congress nfor
nation of the state of the Union 81.
The President il thus made the responsible deposary
and chief functionary for the time being of the ministerial
powers and administrative duties of the United States
garded political sovereignty. iat ~ fftt4
But the constitution does not specify the subordinate
ministerial administrative unctionaries by whose
agency or couusels the details the pabic business are
be transacted II recognises the existence of such official
agents and advisers in saying that the President "may
lire the opinion in writing, of the principal officer in
each of the executive departments upon any subject rea
ting the duties of their respective offices and these
officers again recognised by the constitution in the
clause which vests the appointment OF certain inferior off
fin the heads Of departments and leaves the num-
Der and the organization OF those departments TO be de
termined by Congress -aa i.. tsI o. Ags|
In the execution Of this duty the constitutional Con-
gress proceeded at an early day OF its rst session. Ju
IL 7s9) to establish the Department of Foreign Affairs
with "a principal officer heren to be called the Secretary
for the Department Of Foreign Affairs and TO perform and
sysllte agch aa.ies rsspsctas Foreign ainfs as he
President should assign to him. and TO conduct the bns
hess Of the department in such manner as the President
y should, from time to time order or instruct.
But this act which the commencement OF the ogan
cation Of executive departments under the constitution
and commencement p the direction OF systematic and
proper distribution of duties gave place. after the lapse OF a
few months September l5 1897 to act which changed
the of the Department of Foreign Affairs to that Of
Department of State, though it in respect changed the
duties Of the Secretary except provide that he should
ecage leep and Gauge to bs promulgated tho laws enact
ed by Congress and that he should keep the seal of the
United States and ax the to the commissions of all
civil officers of the United States lawfully appointed by the
President whether with or without the advice and consent
of the Senate. N so,t1s.4aaE ,E y4af ssl.et
IN changing the Of this DEPARTMENT. from Foreign At
fairs TO that of State Congress did change the main du
ties of the department. consisting then ncw the charge
of the foreign relations of the government THERE'S very
obvious connekon between the given - the de-
parment and the only important fact which accompanied
the change namely the commitment OF the seal OF the un
ted States to the Secretary, and the duty Of axing it to
sss 9 be cS a e
changed certainly the title had not according to the
received previous Of the term in mother tongue
any special relation to the dues it not being coupled
with the custody of the great seal in England and being
applied there to the office of several of the principal
aries Probably it was deemed convenient in that early
lively to later times that the head of the most important
oI the departments snoul bear name indicative of high
M general and political duty, and 60 indefinite that much
miscellaneous business might be consigned to its charge
either by act Of Congress by direction Of the President
Next after establishing the Department Of Foreign Af
fairs Congress at the same session august l. 1881 esab
lished the Department of War; with principal officer
therein to be called the Secretary for the Department of
sns ana elbsrsS " u hsliosl s'r as p gn nom rom
by the President relative to military naval affairs and
to conduct the business of the department in such
as the President might from time to time order instruct
This department was also formed proper premises of
classification though including il did the jurisdc-
Hnn Of Indian affairs for the arrangement OF frontier posts
and other considerations devolved Of necessity at that
rod the charge OF the Indians on the Secretary CT ar
Next came at the game session. tSeptenber O. I7s9 q
Department OF Treasury mot the treasury the head OF it.
however being called the Secretary of the Treasury, and
ns geera dpty peig defined to be 10 digest and prepare
plans for the Improvement and management of the
and for the support of public credit to prepare and report
estimates of the public and the public cxpendi-
lures to superntend the collection of the reveuue to
grant warrants for money to be issued from the treasury
in Of appropriations by law and to have charge
OF the sale of the lands belonging to the United States
An tne organization Of the business Of this department by
this act facts peculiar compared with the other two
departments, prominent aa
One Isl that the Secretary Of the Treasury instead of
being made subject only to the direction of tho President
by name, is required generally perform all such SER
vices relative to the finances as he shall be directed to
orm which phraseoogy is explained by the provision
act that he shall make report and give information
to either branch of the legislature IN person uyg
Hedy OeTeQuUfd respecting all matters referred TO hn
by the Senate or House of Representatives and) which
shall appertain to his Office
another popularity of the act is that whereas in the
others provision is made for chief and other clerks only
here on the other hand is the of sub-de
parments or bureaus commonly called in the pfovis
ION for the appointment of comptroller auditor,
Aeasurer and register among whom portion of the
business of the department is distributed permanently and
upon system. - st ite ~ r ~
AT the same session of Congress- in organizing the p,-
dicia business of the United States Sepember o. 1882
provision made for Attorney General prosecute
and conduct a suits in the Supreme Court in which the
and opinion upon questions of law when required by the
President of the United States when requested by the
hess OF any OF the departments touching any matters
which may concern their departments W '',' t' y
by another net OF the of Congress tSepte-
Der ~, 1887 tue Office of Postmaster General ap-
pointed with an assistant clerk and deputies subject
performing the duties of his Office and in forming
or the transportation OF the mall to the direction of the
fresident but not in other respects then placed in the
same nigh Official relation TO the government at the
present time. lfai. a4a s.... al.i..s ..fi
such was the original basis OF the executive organization
ne government The Secretary of State for political
iu otHen Affairs the Secretary of War for military and
A,'ers the Secretary of the Treasury for those of
hhnoe anu he Attorney General for legal and judicial
ones were he immediate superior ministerial officers of the
riosoeht anu ms constitutional counscors during the
"n1ic Pe,,ioa oi 'ne administration of Waslington
w nu aouhaant evidence, both in the public archives
u IN 'he printed correspondence and other writings of
washington mat 1t was the practice in his time for The
President not only TO call for written opniop NJ ,e M
torney General ms at present to advise or m in
formal correspondence with him and the hre res
but also 10 require of all these officers written onnons
upon critical subjects of executive deiberaon a expres-