The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1868-01-03
PRICE FIVE CENTS.

$ ought to have had the opportunity.
. The following IL the testimony given
by Mr.. Stanton before the impeachment
t Investigation Committee as to the des-
; patch:
Q.--Refcrring to the despatch of the
2Sth of July by General Baird, l ask
you whether that Dispatch on its re-
ceipt, was communicated?
Al received that despatch on sun
day forenoon | examined ID carefully,
and considered the question presented;
] did not see that 1 could give any In
structions different from the line of ac-
ton which General Baird proposed,
} and made no answer to the despatch.
Q.-I see it stated this was received
at 1920 =. NJ. Was that the hour at
which IL was received by you?
A.-That is tho dete of its reception
at the telegraph Office on Saturday
night. ! received it on Sunday forenoon
at my residence; a copy of the despatch
was furnished to the President several
days afterward, along with all the 9TH
er dispatches and communications on
that subject, but it was not furnished
by me before that time; / suppose 1t
may have been ten or fifteen days after
ward.
Q.--The President himselfbeing in cor.
respondence with those parties upon
the same subject, would it not have
been proper to have advised him of the
reception of that despatch?
Al know nothing about his cor
respondence, and know nothing about
any correspondence except this one des-
patch. We had intelligence of the riot
on Thursday morning. The riot had
taken place on Monday.
1t is difficult matter to defineall the
relations which exist between the heads
of departments and the President. The
legal relations are well enough defined
The Constitution places these officers in
the relation of his advisers when he
calls upon them for advice. The acts
ofCongress go further take for exam
pie, the act of 1889, creating the War
Department.
1t provides that ''there shall be
principal officer therein, to be called the
Secretary for the Department of War,
who shall perform and execute such
duties as shall from time TO time be en-
joined on or intrusted to him by the
President of the United States" and
furthermore, "the said principal officer
shall conduct the business Of the said
department in such manner as the
President of the United States shall,
from time to time, order and instruct"
Provision is also made for the APP
pOintment of an inferior officer by the
head of the dep artment, to be called the
Chief Clerk, "who, whenever said prin-
cipal officer shall be removed by the
President of the United States" shall
have the charge and custody of the
books, records and papers ofthe depart
: ment.
The legal relation is analogous to that
of principal and agent. 1t is the Pres
ident upon whom the Constitution de-
wolves, as head of the Executive De.
partment, the duty TO see that the laws
are faithfully executed; but as he can.
= not execute them in person, he is allow
y ed to select his agents, and is made res
= ponsible for their acts within just linn
egation Of authority In the relation of
,. head of department 10 the President,
# that the Supreme Court of the United
r States have decided that an order made
l. by II head of department is presumed to
y be made by the President himself. The
:. principal, upon whom such responsible
4 ity is placed for the acts Of Il subordin-
l. ate, ought to be left as free as posi-
l. ssible in the matter of selection and Of
y dismissal. To hold him to the respon-
. siblity for an officer beyond his control
q to leave the question of the fitness Of
~ such an agent to be decided for him and
~ not by him; to allow such a subordi-
k,y
. "public considerations ofa high charac-
. ter" requests his resignation to as.
=. sumo for himself an equal right to act
=, upon his own views of "public consid.
80 erations," and to make his own conclu-
:, sions paramount to those of the Presi-
:. dent--to allow all this is to reverse the
=. Just order of administration, and TO
~ place the subordinate above the superb
~ or. There are, however, other relations
between the President and head ofde-
- partment beyond these defined legal re-
lations which necessarily attend them,
: though not expressed. Chief among
- these is mutual confidence. This rela-
tion is so delicate that it is sometimes
hard to say when or how it ceases. A
~ single fragrant act may aid IL al once,
10 and then there is no difitulty. But con-
10 fidence may be just as eflectually de-
lr stroyed by Il series of causes too subtle
u for demonstration. As it II n plant Of
IN slow growth, so, too, it may be slow ir
1t decay. Such has been the process here
e. | will not pretend to say what acts OF
p omissions have broken up this relation
of They are hardly susceptible of state
ne ment, and still less of formal proof
it Nevertheless, no one can read the cor
y, respondence OF the 9th Of August with
- out being convinced that this relation
n WAS effectually gone on both sides, AM
r. that while the President was unwilling
ne TO allow Mr.. stanton to remain in hi
81 administration, Mr.. stanton was equal
III ly unwilling to allow the President +
carry on his administration without hi
he presence. In the great debate whic
IS, took place in the House Of Deprescnts
H. tives in 1889, in the first organization {
D. the principal departments, Mr.. Madiso
re- spoke rs follows;
k 1t is evidently the intention of tn
III Constitution that the first magistrat
~ should be responsible for the Executiv
ST. Department, So far, therefore, ~ "
as do not make the officers who are to al
all him in the duties of that DepartmeI
-os responsible 10 him, he IL not respons
,.a bic to the country, Again, is there y
We danger that an officer, when he is a.
mt pointed by the concurrence of the Sci
~, ate, and his friends in that body, ma
in. choose rather to risk his establishmel
'ad on the favor of that branch than rest
"" upon the discharge Of his duties to Il
on satisfaction of the Executive branc
lot which is Constitutionally authorized