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

1870
TENURE OF CABINET OFFICERS.
REPORT OF THE COMMITTEE on TIE JUDI
CIARY.
The COMMITTEES on the Judiciary, to whom was re-
ferred the bill Is 1907 TO limit and define the te m OF
Office of the Secretary or principal fcer OF each OF
he Executive Dep .rtments established by the several
acts entitled AN &C 10 organize the Department OF
State AN act 70 establish the Treasury Department,
An act t. establish the War Department. An act to
establish the Navy Department., An ac to establish
the Polt-oce Department An act to organic: aud es-
blish an EKecu i've Department TO be known as the
Department of Ju.ice all of which acts app owed
February 81 1861" having duly considered tsd bill,
respectfully report the to the Ssnate with amend
msnts, and recommend that the bill, as amended do
pas
The Committee entertain no doubt as to the e2nsti-
tuIionaiy OF the proposed measure. The hrst section
of the bill provides that the term of Office of the Sec
retlry or principal officer Of seach of the several
Executive partments shall be for the same period OF
time as that Of member Of the House of Represents
tves subject removal at the pleasure OF the Prei.
dent and shall expire at the end of each Congress tf
the Confederate States The second sec ion proposes to
naugurate the contemplated change in the term OF
oics Of the heads of departments the is n ofFeb-
ruary 1864 tbs dl5 which the term OF the preset
OoDgIe Is expires ami hence, hat day, vacated
the commissions of those nov in Office.
As the law now etanOs, the Oecfe'R1e5 nOld tnelr
Offices for an Indefinite period of time subject how
ever to removal a. the pleasureo of the President.
Secretary once appointed, holds his Office unit removed
The legal result 49, that a Secretary, when once ap
poip and confirmed, might hold his ohce for twenty
years. for lite, unless, in course OF the sIccefsve
changes Of President, an incoming Prs.dent 'ght
choose 10 remove him. The practical result of such
state Of things would be, that incoming Presidents, by
succstsvely adopting the Secretaries OF the Outgoing
Pr dent could retain them in oics for twenty years
OF more 10 spie Of the united opposition of the States
as repr.senied in the Ssna.e Tcs would lead 10 q
pracics null caon Of the power Of the Senate to
wise the nominations by the President Of the principal
officers of the Executive Departments l. seems, there
FORE that the term OF Office Of the principal officers Of
the Executive Departments ought to be matter cf leg
sative discretion, % is tie creation or establishment Of
Departments Themselves. Ii is true that the Con-
ssituton conts mplates the Establishment of Executive
Departm n g. and the creation of heads or principal
officers thereof but it is silent to the number Of de-
partments to be created the duties to be assigned to
each or the functions 20 be performed By the principal
officers therein, and subm is the entire subject to the
siom oil the Congress, with the exception Of few
duties specially mentioned which attention will bs
hereafter d recied.
The committee are Of opinion that "Cabinet," in
the SOL o. in which that term is in Englsnd is ud
known to Constitution The Secretaries or Heads
of Departments Improperly aud loosely denominated
"Oabiaet eff ,ers" Cabinet" is understood to be
Oounc of State or Pfvy Counc authorizes by the
Constitution the Law to assemble and DELIBERATE
questions Of ate, with view Of advising the Presi
dent Neher tie Constitution or the laws creating the
Executive Departments contemplate or auihozs such
an advscg body. Such assemblies, il is true have been
held by Presidents Of the United a.es and it ID be-
lisyed by the resident Of the ConedeTae State but
they are the mere creators of Executive pleasure and
NAV be composed if The President eh, uld think fit oil
unofficial persons, be dispensed with entirely. On
the other hand the hin sry Cabinet Of Great Brian
IL N.D tiiufion nffh hat
is responsi.ls for tn, acts of the Crown. In for
mer years the Prvy Council OF England was the con-
suonal adviser Of the King in all Weghty matters of
a.e Mr. liam says tina. he solutions of the Crown,
whether TO foreign alsnc or the issuing of orders
and prc ions Mt home any other overt act of
Government, were net iaay taken wi hou! the de:ibe
ration ard assent Of that body (the Privy Ccunc),
whom tho Law recognized as its sworn aud notorious
uute o r." Mr. Halam further informs that the Pri
Wy Council in CO.'S gu nee OF the rumber Of prisons
composing IL fell into disuse. Cabinet, composed Of
a lev Of the prominent officers CT Government, was
practically substituted in place OF the Pfvy Council In
thu rtign Of William the Thi.d, the distinction of the
Cabinet frt m he Pivy Council, aud the exclusion of
the later ON all business OF State became fully estab
shed. The feeling in favor Of the cid constitutional
OF lctce occaoned the introduction into the act of set
,lement passed during the reign OF Queen Anne Of
cause requiring that the secession of the House OF
II mover all regulations upon matters of pubic policy
should be debaG in Prvy Council audsigned by them,
but this clause repealed two afer since that
period the Cabinet OF England has been composed of
the principal officers of the Government and sue
ceede all the responsibility of the Prvy Council
The principal members composing the English Cabinet
are the Lord Chancellor the thrse Secretaries of
for Home Colonial and Foreign AffIirs aud the Chan
cellor of the EXchtqler 0sher beads OF department
are sometimes cali to the Cabinet the First Lord
of the Admiralty Posm General President OF the
Board of TrGds President o the Board of Control,
Paymaster General Secretary of War, Chief Secretary
of IieaEd MISE OF the Mint, aud all who have been
Clbne Ministers for the las; twelve years. In the min
isry of Earl Gray the Earl of Carlisle had seat in the
Cabine: withou. holding any Office. Tee Commander
in.Chef was member of the Cabinet in lS46. Lord
n slid, when Gil fJustce, mber of the GATH
net but these are al exceptional cses The Cabinet,
us tucce Of the Prvy Gour Gil siituies the Minis
try AID IL ct III iona oy d cling pubic FAIRS
and onsibls 10 Parliament; hence though the King
may dismiss bis Minister'S the step is rarely hazarded,
If tue ministry be supported by msority OF the House
OF Commons; aud On the other hauJ, ministry may
retin the po "a in spite OF me dislike OF the King
At the line OF The formation of the Cor stution of the
United States effort made 10 e. abish co 1sti-
tutional PrivS Council or Cabinet. Gouverneur Nor
ria, seconded by Mr. Pinckney submitted, in the Fed
era Convention OF 1887, the following propositions
ITO sist the President in conducting publ affairs
there shall be Council Of ate, composed Of the fol-
lowing officers
CT The Chief Justice of the Supreme Court
-. The Secretary of Domestic Affairs who shall
besppOnsd by the President and hold his Office during
pleasure.
IS. Toe Secretary OF Commerce and Fiusrce,
who shall be appointed by the President during plea
sure.
"A The Secretary of Foreign Aflirs, who shall
also be appointed By the President during pleasure.
20 The Secretary Of War, who shall also be APP
pointed by the President during pleasure.
g. Tee Secretary Of harine, who shall also he p
pointed during pleasure.
81 The President shall also appoint Secretary Of
State, to hold his Office during pleasure.