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

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own judgment, aud either conform TO such opinions or
not ss be may think proper and every officer above
mentioned stall be responsible for his opinion on The
affairs relating to his particular department.
Each of the officers above mentioEed hall be liable
TO impeachment and removal from Office for neglect OF
| duty malversaton or corruption"
These propositions from which has been omitted as
Unnecessary to the present purpose the assignment OF
duties to the respective ofictrs, contained in Che
Originally we're referred to the Committee Detail
The committee reported the following substitute
/ for the proportions submitted to 1t:
| The President Of the United States shall have
Privy Council which shall consis. of the President OF
the Senate the Speaker OF the House OF Representa-
tves the Chief Jusco of the Supreme Court aud the
principal officer In the respective departments Of foreign
Affairs domestic afsira, war, marine, ard finance,
su departments Of cfce shall, from time TO time be
| established WIN Sc duty it shall be to advise him in
matters rec pectng the execution of his Office which he
shall think prt per 10 lay before th0m but their advice
shall not conclude him. affect bis responsibility io'
| the mtasur Nh'ch he shall adopt"
This report was fg lin referred TO The committee OF
eleven which reported, in lieu of all the propositions
submitted the clause IL ia the Constitution OF
i the United States as fcllows "And (Ghe Presidency
may require the opinion In writing OF tie principal OIL
GERS ia each of the Executive Depart upon sny
sui sc relating to the duties of their pective ef-
/ ces"
Daring the debate on this clause, G3uvsrneur Morris
SAID the question of q council considered In the
committee where it was ju1gei that tho President by
persuadng his council TO in his wrong measures,
| would acquire their protec ion for th'm."
Il seems the committee that the bare statement OF
the facts attendant the preparation enk final adop
ton OF the clause of the Constitution of the UaIted
States above quoted demons rates that the trainers OF
that ccnsuuon considered the question OF establish
ing Council If State, Prvy JouIcil, or Cabinet,
and deliberately abandoned tho project the argument
that the President alo should be held responsible
to Inc county for the acts OF bis administration pre-
vailed and the creation OF an advisory council WIS con
sidered impoc, because it might afford the esdent
a shelter from constitutional responsib lily. Toe Con-
fsderae Constitution contains the clause in deni
terms; but there other clauses relating to the
| heads of departments IN our Constitution, which ae
not TO be found in the Constitution of the United aes,
and which will be presently adverted to 10 different
connection.
The committee are therefore, justified ia the assertion
of the doctrine that under form of Government
Cabinet has CONSTITUTE nal existence SUCH aud that
| such an advisory body is unknown TO tbs law. The
only advice which the head OF department lie author
lied by the Constitution - give to the President Is
opinion in writing when r,qlired Of bin upon any
subject relating to tie duties office The President
cannot MT tuonaly require Of the Secretary of ate
an opinion upon any subject RELAXING 70 the duties OF
the Secretary Of the Navy, the Sore airy of Wa
vice versa each Secretary is restrained by the Con.
tuition to give opinion as to matters relating to his
own Office and 10 other. IL s ma.i!est the Con-
stution never contemplated assembling of the heads
| of departments in clbnet council and general discus
sion aud decision of State AFFAIR." Nor vas this the
carly prac ice OF the G)veTnm Of the United States
During the administration OF Washington and John
Adams cabinet meeting rarely called; but opin-
ions 10 writing frequently required by the Presi
dent and given by the respective Secretaries Mr. JET
ferson first introduced the practice of holding cabinet
consu ta'iOns, and taking vote as TO the measures
under discussion permitting their adopton.or
/ to depend on the will OF me ory. AID It was not
until the fathers Of the Cor tu ion bad pa sed away
that the Postmaster neral and 1t orn. General
invited by the President Of the Ited states to attend
| Cabinet Council
The committee conclude that under tie Constitution
of the United States the estab shment OF Executive
Departments Committed to the discretion of Cor
ess Fbe principal officers, therefore, in such d.p,it
menta legislative off ers, and their offices
subj.c. TO regulations by Congress ia esery respect
whatever except to the power oi remova, which it
was conceded the Constitution conferred the Pres
| dent
BY the Constitution of the United States SONS off
for term Of years and some duriog god
behavior which, in contemplation of law, is for lie
but all civil officers whether holding for years or for
/ life, "shal be removed from flee impeachment FOR
any conviction of treason, bribery other high crimes
or misdemeanors" At the first ion OF the first Con
gress of the Uaied Safes, the question the
Presidents powerof removal of all officers whose teIure
of office was not by tue Constitution itself declared for
life Ths debate arcsB upon the bill for establishing the
Executive Department denominated the Department. of
Foreign Affairs. The discussion vas principally directed
to the question whether, if the power of removal
inc dent tn 1T Of appointment, tie President and SEN
ate and no the President aone, should TIE
power OF the President remove, without the
rel CO of the Sena,e sustained By DO HOUSES and
on the 9th OF Jly, 1885, they concurred in the pas
sage Of ~ act in which thai power is acknowledged
and this act approved by President Washington
Many distingu shed statesmen considered this egsa-
tive decision Of an important constitution al question
ms. sactoy, especially it had been carried in the
United Saes Senate only by the casing vote OF the
V CO President.
Il was known TO be in opposition to tie opinion Of
Mr.. Madison, expressed in the FsderaIst and it
believed have been secured by the great personal in
| auence of President Washington.
This construction Of the Constitution of the United
Statea though depending 81 ght foundation, Was
acquesced in until the withdrawal Of these States from
he Federal Union; it received, however, tie
sanction of any Idscal dec SION Under these
sanets the trainers 1T tho constitution of tbs Confede
rate States d,;eImn to setl, the qussto definitely
by inserting the csuse respecting from eff e.
which ia be found ia the Constitution IL Is in these
words:
"The principal officer in each of the Executive De.
Tartm nts and all peTsors connected wi the dipo-
matte service may be removed from ocs at the plea
sure of the President. All other civil officers OF the
tae President or other appointing poger when thef
services unnec sny, for dishonesty incs pacity
ineficisncy neglect Of duty, and when removed
the removal shall b oried 10 the Senate, together
with the rsGs IN therefor" Art. g. sec. 2. clause s.
These observations, to the power Of removal have
en- mad, merely for the pose OF establishing tire
fact that the insertion Of the removal clause ia our con-
St u,ion was intended TO settle grave constitutional
dispu to the power of the President to remove an
cutivc fiji without The NO, of the SEN
ate, well TO restr4n him in the exercise of tina;
power al the civil officers except those connect
ed With the dplomitc service and the principal officers
of the executive departments The clause no. n
tended abrdge and Goes no. abrdge, the legislative
discretion Of Congress in regulating the tenure of all
legislative Offices Gated by it.
To create Office and regulate its tenure. is
eTcss of egs alive powers 10 remove officer Is
executive The power to FIX the tenure Of tfice is
az distinct and srept from the power Of removal as
il tie Ioser to remove from the power of iupeach-
ment
mn r - g IL =.