The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-28
The senate and it's Duty in Regard to
the Cabinet.

nate, and by and with the advice and consent
of the Senate, shall appoint ambassadors,
other public ministers, and oonsuls, judges of
the Supreme Court, and all other officers
whose appointment is not herein otherwise
proyided for, and which shall be established
by law. But the Congress may by law vest
the appointment of such inferior officers as
they think proper in the President alone, in
the courts of law, or in the heads of depart
ments."
The appointment of Cabinet officers stands
upon precisely the same footing as that of all
other officers. 1t requires 'the advice and
consent of the Senate" In the days when
this instrument was framed nothing was
known of the modern idea, that the heads of
departments, those great officers who stand
next to the Government itself, were to be the
mere creatures of the President, appointed to
suit his convenience and carry out his ideas,
and bound to abdicate their own individuality
and independence. Indeed, the Constitution
knows nothing of Cabinet nothing of
these constitutional advisers of the Presi-
dent, as they are sometimes called 1t assumes
that there may be "heads of depart
ments," but it contains no provisions for the
creating of such officers even, except in the
general authority of Congress to establish
Offices 'by law" This whole modern idea
of "Cabinet," as the peculiar property
of the President, to be constituted solely
according to his will, to hold Office merely at
his pleasure, to reflect his ideas, and support
his policy, and to lay down their portfolios at
his bidding, is utterly unknown to the Con-
stitution, is unwarranted by either the letter
or spirit of that instrument, and is anti-repub-
hoan and dangerous in its tendencies. The
heads Of the departments are officers Of the
Government, not the mere creatures and con-
veniences of the President; their positions are
Established by law" not the gratuity of the
Executive; their functions are to aid in carry
ing out the laws, not to be mere looking
glasses, in which the President may see him.
self reflected in all his changing moods.
In accordance with this false and unconsti-
tutional idea of the Cabinet, which makes it
q Presidential convenience instead of the ser
Senate must practically abdicate its functions
under the Constitution, and must, as matter
of course, give its advice and consent to the
appointment of such persons for the heads of
departments as the President may select.
They are not to exercise a sound discretion in
the matter, and to regard the great interests of
the country, which may be involved but are
to grind out the Cabinet from just such grist
as the President may choose to bring to the
mill. We think it high time that this notion
were entirely abandoned, and that
the Senate should resume its constitutional pre-
rogative in the matter of these appointments,
TO the fullest extent. These officers should be
looked upon in their true light as creatures of
the law, not as appendages of the President,
and they should be appointed to honestly and
oapably fulfil their duties under the law.
There is no more reason why Postmaster
General should be confirmed by the Senate, as
matter of course, upon his nomination by
the President, than there is why justice oi
the Supreme Court should.
But we shall be told that the Cabinet officers
are the constitutional advisers" of the Presi
dent. The Constitution does not make them
SO. There is no reason why they should be so
The proper duties of a Postmaster Genera
have no more to do with his giving ''cOnstitu
tional advice'' to the President than have those
of the Chief Justice. Both are executive
officers in the sense that they must assist il
carrying out the laws. Neither has properly
anything to do with giving constitutions
advice to the President. Under this expression
of giving constitutional advice" turks tina
other dangerous notion that the Cabinet mus
agree in "policy" with the President. Tn,
President has no right to policy. He is tn,
Executive. His only duty is to execute, no
to make, laws. Congress, as the direct repre-
sentative of the people, is the supreme law
making power of the Government. 1t, and i
alone, has the right determine the govern
mental policy of the nation. The Presi
dent has nothing to do with it
His pretending to have policy a
all is a direct breach of the entire spirit o
the Constitution. His attempt to inaugural,
policy, to force it upon the country, to mOulC
public sentiment to it by using his Oficia
power and patronage, are unconstitutiona
proceedings of the most fagrant and danger
ous character, and are of themselves ampl
ground for impeachment. The very fact tina
ba avoWs a policy and is endeavoring to fore
it ON the country, is a sufficient reason why h
should not be allowed to dictate to the Senat
and 70 the country who shall constitute tn
\, e s-.-4,,,anks Those great officers