Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-01-20


moulded subject to the legislative VII, exc pit as to the
poWe spi .movh sn 'il- "a tie Executive. wbc-,
being conferred by the OSnst utoT mot be mpair
By the leg Stature.
When a. cfics is created With the tenure for term
OF years Il is the intention cf hs Legislator that the
officer should retire ron Office definite peiod by
yirf,s of tie legislative WH and Without the interposi
tio of The Executive and this CO, flutes the offer
ence between an ofice Who're ttIure is for term tf
wears removable Il pleasure e the Pr sident End
an off, hold at the sl OF the President tie latter
can never becoms vacant kept D. death IRE gnation
or the osition of executive power very In
porsnt chat the tenure of Office all dsbarsng officers
should be for Term of yeirs Ia order TO secure
periodical Investigation and SO Element OF their accou Is
and the renewal OF their bonds
II co-frmtiaon OF the opinion expressed as to the
constitutional POSER of Congress to limit the term Of
Office Of the telds of Department. will be obsr rived,
that in ihspr jeci for pri'y cornell submit oy
aouvernur No rs ID ho coavtn ion o. 81 he express
ly declares that the term of office o. the Secretaries
shall be during the pleasure Of the Prssdsnt; when,
however, the Committee Dsia report back The pro-
portion, the tenure Of Office ia emitted and the estab-
ishment of the propts departments Is exp essy LEFT
to the discretion of Congress without Imitation except
as 10 the number and denomination Of the Departments.
Ia the clause OF the Constitution actually adopted,
that limitation Is excluded and The whole subject
Is commit d to the will of the legislative Department
CT tbs Government.
The pomr of Congress being conceded, the policy Of
exercising the power Of limiting by Law, the duration
of the term of office Of the hel 70 Of Geplr ments
main to be considered. II Their, be no limitation what.
ever the incoming Pre- dens by adopting the heads OF
depa ailments Of the going Presidents might, fer mar
years. retain in office individuals obnoxious TO the
States represented In the Senate The eTpa ion OF
the term Of oi Of the President, does not, of ITSELF
operate ths dmisal of the Secretaries selected by him.
They Semain ia cfiic, until dismissed ~ himself or
some tuccsediDg President L. is cert.iny desirable
hat the Senate should have the power Of revising the
conduct of these officers at least at the expiration OF
the term OF Office OF each Presid mt To such pre-
poa lion no objec ion Gamble perceived. Why stouli
the opportunity f revision be so long delaye IL il
suggested at tSee officers are but the organs of tn,
Executive and revision o: their conduct Is bus
arraignmen. OF the Pres dent This would be true II
the heads of departments solely the organs of the
Executive will, but such is not the case some duties
are imposed them by the Co.'s tuition and other and
numerous, and perhaps more important duties are
prescribed by Law. tie case OF hobury u.s. Madison,
Il arcH,) q, Supreme CouTt- of the Uai ed States,
through T. j. Marshall the organ o! the court says
at ia the duy of the Secretary OF ate 10 conform to
the law end in this hs Is ccer of the United Static,
bound to obey the lave He act, in this respect as has
very pro- ery stated a. the bar under the authority
of lao and not By the instructions Of The Prssidsnt"
Our Const uion provides that, congress shall ap
propriste no money the treasury eIcep! by vote
Of two thirds Of boh Houses taken by ayes ana nays,
tlsss IL be asked and estimated for By some one Of the
heads of departments and submted to Congress by the
President" This i important and delicate constu-
tional duty The Secretary must ask estimate for
morey and the President mus. submit estimate, be-
fore majority of Congress can make an approp a,ion.
In the performance OF tl duty the lead Of the depart
ment is not the organ of the Executive will, but Is
guardian of the treasury created by the Constitution
tbs President may require the opinion in tipg,
OF the principal officer in each of the Executive Depart
msns upon any subject relating 10 the duties Of their
resp.c i've Offices" twill be observed hat the Consti-
tutoa here provides 70: an opinion tn writing. Tee
Secretaries thus made the consttu ioHa advisers of
the esideut any subject relating to the du les OF
their respective Offices. Why is the opinion req lrsd
to be in writingy Evidently 10 subject the Off ger Civ
ing il 10 resi- onslbity az It's GU her.
TIE responsibility is no. 10 the President alone, al
would be the case were he The mere organ of the Pnsi
dents will but 10 the country slso for The truth justice
and propriety Of the opinion given.
The second cion OF the act 10 establish the Trea-
suy Dep irtment enunerates variety of duties to be
perf5rm by the Secretary OF tae Treasury, and fpe
CHILLY provii tha it shall be bis duty TO maze
ports and give Information to the Congress the Pres
DIN in person, or in writing, as may be required,
concerning all matters referred TO him By the Congress
or the President respectively aud Generally 10 perform
all such servces rea i've TO the fin rces aad all such
other duties he may, by law, be directed TO perform"
SO far this ccer concerned most of bis duties are
prescribed by law, and as to such dues he y an officer
e the law, and not mere egen; of the President =
Sach is also the far The Postmaster General
and Attorney General concerned. It Is true that
the law establishing the Sta.e, War aud Nay Dspat
ment coniempa that the heads o. these departments
shall act under the irs ruc1oas Of the Pr sdent yet,
in other statutes, many dates imposed On the Sec
rotary Of War and the Secre aiy Of the Navy which
render them, these duee, tue officers OF the law
and no. the NEE organs oil Executive will.
l. seems therefore, to the committee, that to the
duties imposed by The Constitution or the laws on ths
heads OF depar ments, the conduct oil those officers
may very properly become the subj CT OF scrutiny aud
revision without Infringement OIL the constitutional it
dependence Of th5 Executive
The Constitution emp ties tea: tho Senate, as the
repre- tentative of the Safes shall be consulted In the
appointment Of all the mportsnt off trs OF the Gov
eminent. This power wa' gvento the Senate as check
on Erecutivs caprice. The Senate is no. required
sgn any reason for the rejection of nomination, nor IL
the President bound TO communicate to the Senae the
mo ives inducing Lin TO make Nomination Il would
not be considered yicaton Of tn srt OF the Copst
tuacn for the Sen tie 10 r. nom naton because the
person nominated was dsJs eul to the pubic. Il a
persos noniua'ed known to be negligent or, in
manner Inefficient II would be the duty o, the senate
to reject bis nomr alton Whg, Their FORE should law
be considered Obi cionaele phicA from sine 10 time,
fJrdsd opportunity TO the const uiional adviser Of
the President in the exc else his appointing power,
70 revise the CO educ of Office S? H. on be expatcn
of the Of tfcer the President desires TO con-
tinue him in office he nominate him and accom-
plsl his object
The term Of eli &c Ct the President Of the United
Sa es u for four years; that OF the President OF the
Confederate Sta.ei is for year. Uader the Gov
eminent of the UDited Sites obnoxious inefficient
secretaries could not be aimed in of,s for longer
period than years, because the removal o. the Pre-
sden. by the election of his successor change
of the heads of departments
The evils resutng from inefficient administration Of
the Executive Departments IN a time OF profound peace
might well be b)Ine for four years vi hout much deir
Inent tina public interest The Gura,ion however, Of
such evls for period of six ars would pder them
int5lerablc and perncious especially il time of
TIE Of CO. OF this Bill is to arrest inefficient admnisra
ton the expraii If tao years in the head Of
department shouli in the estimation of the country,
provo himself deficient in the qualities necessary
vigorous aud inte gen. discharge of the duties imposed
on him by law A, to these duties, the President has
not been constituted by The Constitution the Fols JUICE
Of the dm nistrative capacity Of the leads OF depart