The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-12

either mouse respect
which the President o the United States proposes
exercise his Injections as Commander in-Chief OF
the Army snd Navy '"
We have seen laws have been enacted pre crib
log the duties OF the Secretaries OF War and OF the
Navy, ana winch have invested them with discrs-
lion respecting certain specified acts pendent
the President In regard 10 these matters cannot the
a@making power require oral Information we'll
reportsY Aud regard to other IN alters an
invitation to attend upon Congress would recognize
the right OF the executive officer to withhold Iforma
II II was thought incoi sstent with executive
authority 10 impart H.
The House OF Representatives has. under the con-
sutuion the sole power OF impea ch m en and there
probably can be no doubt that me House
mon any individual aud compel his attendance TO
tell what he knows IN order that tho House may de-
eide whether IL will prefer artici OF ,mpeachment
against the President But that 10 very different from
question OF admnistratioL like that whcn We are
considering t. put In another form the question
specl!ng the ability OF the gsatvc branch to deal
VITA the executive branch let 1t be asked whether the
President can be compelled TO give information to
Congress Ia any other wuy al any other tme tnan
that which nc may choose rne constitution declares
that 'ihs pO~or shall be vested in Presi-
dent OF The United States OF America" IL also de-
cares that 'ne snail, from limo 10 Tune, give TO The
recommend their consideration suen measures as he
shall judge necessary anu exped'en."
CABINET OFFICERS CREATURES CONGRESS-
The traditions OF the early histo ~ OF the federal
government under The present constitution, Is that
Jobn Adams were delivered person bv each OF
tnen,, in IKE manner rs the Queen OF Great Britain
sometimes delivers her royal speech and that the
nnal messages Of the Two hrst Presidents were
answered by address IRON Congress- But Tins
practice changed by President Jefferson
all messages from the President to either house
OF Congress have been delivered by messenger and
in WIRING. II the legislative branch to at
temp to require the President 10 come In person be-
fore either branch aud answer interrogatoriss re-
speeding he state oil the Union" would that DO
an uucon with the executive
branch? Aud II The legislative branch cannot
compel the President TO give to Congress n0rma
ton which he does not SEQ t to give can Co nrrcss
indirectly compel head OF department. to give up
executive Information as an aii legislatiouY
il a distinction can BIO found 70 exist between
na 10 nd the
oiics OF hc several neads oil the executive depart
ments y different rule would be made TO apply to
each. Tue President alone IS the constitutional ex.
ecutive. he aonc IS tho co-ordiuale branch OF tho
goverument; the constitution mas prescribed ms pow
ers aud duties, and he must remain independent Of
Congress AS to The manner in which he may choose
To communicate Information in regard executive
there aid him IN the per duties,
ant so tar are responsible to him aloe. But Con.
gress creates Offices by law, and the of
Office implies all that relates to its constitution and
,erml naIon. All the heads OF departments are tho
creatures vi Congressional legislation May not new
duties assigned them by the same power which
created thcmY May not Congress, watch made the
Treasury Department amenable to its Jursdction
caim like powers over the other executive depart
mcntsY
is there something In the constitution which makes
the Treasury Department al exception 10 he general
ruley That Instrument provided THAT all bills Tor
raising revenue shall originate IN tue House Roprc
sentatves.' Under the British system It Is the
winch asks Tor money and specifies the several
items ana Paramsnt eau either gvs refuse, but It
cannot modify. Under our constitutional system
only the House OF Reprosca tatives originate and
present bin Tor raising revenue" This provision
Of the constitution affords special reason why
the house oil Representatives, NJ least should have
authority 10 compel tho hoao OF the Treasury
Department to dsilver Up from time to TINA
whatever Information may BIO IN tho possession OF
tue department But can the House compel tho
which tho President may entertain IN respect to u
tariff, but which The President, for reasons OF his
own, is unprepared 70 himself formally communicate
TO Congress There Is distinction between lnal
which have been performed and q possible VI uro
policy, ana although Congress may c.sariy compel iu-
attn.,tn thRA ana Ahul.l.
more than Il III regard 20 the other /. seems
tnat there exists Ia respect to the Treasury Depart
meut the same dislnction winch we have found
the ohers, between, on the one hand, matters iu
which Congress may compel Information, and, on the
o,her hand those In VIII Gu It Is permitted only
vite Information IRON tna executive. Although, thon,
the law making power may compel certain tutorma-
from the executive IN regard to any ali OF
departments, Is still OF the essence OF our system
tuat IN rospecs 10 luturs acts or iuture policy
the executive shah DO Just us independent OF tho
Legislative branch ~ tue latter ~ Of The
branch, xnd consent Is necessary before infor-
maiiou can be obtained as 10 SUCH future acts
pohcy but when there - consent IN this respect
law authorizing them 10 deliberate together
other ihan na prove 10 be oil great advantage.
ACCOUNTABILITY SHOULD BE IScREAsgh
Do VIC lose anything by me havit of failing
treat President the sole pon head o
the executive department oil the government and tho
only source OF and opinion IA regard 10
OF the Uaionn IL 10 dilcult REQUIRE
| absolute responsibility OF tue President: but under
tie proposed change Il Is probable executive
power would he subjected 10 u now aud more deuLite
form oil accountability which might even have It's
vsstages over The purely parliamentary system.
Under the proposed plan II the head Of DEPART
meut fouad tnat no WAS seriousiy opposed w tue
| majority IN Congress there would be more than
one course left open 10 him. He might resign
aud the President appoint some take
his place without being under Inc necessity oil re-
moving any other mcmUer OF the adm NARRATION; or
he might moaify bis views and submit . new aud
more acceptable proposition, or th3 aumi ustrati0a
might decide " recsae from their position aud wait
Tor new congressional election 10 change tue at
tituds OF the Legislature.
IL migut be asked whether the public really
gain anyth ng by exposing head OF department 10
DO pestered snd bagsrca by oral int rrogaorss put
Oy InQuistive members OF either House, pro-
tected by the most careful aud conservative rules
aud regulations. IL there enough OF difference
pervading transactions Of our public business In
wash,ns tor TO make s1ch a system successfully
Wnsu tho heads oil departments have gone before
Congressional conmittees tney nave been received
VIA lDe utmost oticiai courtesy, even by members
politically hostil. 10 them, aud may
mll,.e OF tho wooie House DO suppo-ed equally
capable OF preserving It's Official diguityY In every
successfully adm nistered representative aud legisla
i've or parliamentary oody ,aks IL 10 DO concedcd
the best part vi leg satve work must, in order
DO done wo 10 transacted In ths committee room.
There, anu only there, Can .he evil 10 rsmedied
carefully sscsrtsined there, and only there, can =
careful criticaI examination De OF existing
laws anu legislation prepared which susl thoroughly
small asssmbiages executive officers can give lnsir
information witnout restraint ana IN that converse
tionai way when permits freedom.
LEssESIyG CoMxITrEEs
II Cou- ressionsi committee has Ueep onscentious
and thorough m It's WORK u will have extracted
executive ocer all the useful Information he pos
hucn sucn Information, which oouid safely
Tor the pubic Interests 10 gnea IN tho private
session OF committee, might not be proper Tor
public Gel sion ol tue wnole House. Yet 1t Us often
happens thai the secret methods OF committees
undesirable, and that there ought to Ue pubictv OF
executive details, and such publicity Is frequently
necessary TO The purposes oil an administration
anu as an expostou It's policy onic,al reports OF
the proceedings before the committees therefore
puoishcd. Members OF Congress havo not always
lime STUDY them fnev are there 10 represent dis-
trcts and States many the men have special work
attend 10 In The different committees, and n they
give tue rest OF Their timo TO stsning to wnt ac.u.
ally goes on IN the deocrative a. scmoiy little moro
can DO asked Of them. But u lew words spoksu by
tue mead oil a department would place tue wuoc Of
Congress on tie same vantage grounu ms , emb ors
of committed aud this wouid 90 particularly neces-
sary II u should happen mat a select committee
10 not represeptative in its character I'D deb-
erations therefore, not important 10 tue action Of
tho House.
DRAFT or BILL THE sUBJ.cr
Formulated into q Uiii this cDsnge would run
somewhat thus