The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-12
Should Cabinet Officers Occupy
Seats in Congress?
BY Mr.. PERRY BELMONT.
The Constitution and the Laws Favoring
the innovation.
ADVANTAGES OF ORAL INTERROG ATORlES.

delivered by Mr. Perry Belmont before the American
Social Science Association on the advantages 10 be
derived by the presence OF the Executive officers OF
the government on the floor OF Congress-
Tho federal constitution distributes the functions Of
government. among three doDartmeats. IL ordains
tnat Tor the better preservation OF constitutional
methods these OBSERVATION-DISCLOSURES, legislative
and judicial--shall be kept distinct aud scpa.
rate. But does II contemplate u non-intercourso
amounting almost to isolationY Does IL intend
such a wide separation between the executive aud
legislative departments as TO leave them without
poses both OF Legislation ana ADMINISTRATOR me
Executive may begin policy which Congress resists,
aud the absence oil an authorized means OF oral com
municaton may prevent the harmony OF action
necessary 10 The pubic welfare, Under oven these
conditions OF political anagonism, partial Corpora
between the two might DO obtained but that IS
often now done by methods which are secret and
indirect, and therefore undesirable. When, on the
contrary, there Is already coincidence OF opinion
between the executive and legislative branches, the
intercourse resulting IRON common purpose
would be promoted by Tree oral communication.
II the necessities OF government compel the
tive anu legislative depart nients TO communicate
with each other, 1t seems better that suon utter
course be authorized, open aud responsible, aud
that It b. like other deliberations OF the legislative
body government should the mac ninery through
winch tue sovcreign,y--witl US the whole people,
may enforce under constitutional forms the public adj
min,strat,ou OF ITS VIII Cannot therefore, the execu-
tive part OF the nation have representation IN tho
discussion Of legisationy Congress Is composed OF
local representatives, and It " necessary that local
interests be represerted but may be supposed that
much would be cameo II the heads OF departments
were permitted 10 present dninstrative national IN.
tcrests IN questions affecting their departments.
THE CABINET VIRTUALLY ISDEPESDENr
The heads oil the departments were once, with tho
exception OF the Treasury little moro than the mere
sdjuncts OF the President hut in tue opinion many
persons they have collectively been raised into body
sort OF coordinate and fourth branch OF the govern
ment with Its own discretion and policy and with no
tio OF interdspendonos between and the House OF
Representatives, other than the welfare OF the common
country as each understands II.
The Department Of The Interior was established BY
the act OF Marcn 8, 1S49 and as the law only IN
effect unsigned 10 the depari ment work prcv-
ousiy done In other departments there IS nothing IN
the act which indicates oven any special accounta.
bility to the President BY the act OF May 20,
1872 the head OF that department 10 required to make
annual reports 10 Congress as folows:-
"a report showing the nature, character and amount
OF all claims presented TO him during The preceding
year under laws or treaty sipalasons Tor compensa
allowed 0y HIM or NOT and the evidence upon which
his action Is basod.n
ON the 22d OF July 1885, the secretary OF Foreign A.
fairs appeared IN ihe senate In obedsncs TO the lo
lowing order issued NO doubt under the treaty max
"6rdered That the Secretary OF Foreign Affairs at
papers as are requisite TO give full information rsia
to the Consular Convention between France and
the United Statss" (Annais Of Congress, vol. J,
page 81
pELiBERArivE MINISTERIAL FUNCTIONS.
During the second Congress the following resolu-
tion WAS passed.
are. Tor the Ct =. much Of sns pses dob. a. the
and that secretary of the Treasury directed
por: pan for that parposs nnAs OF Congress vol 8,
A three days debato followed In which leading
members On each side OF the House took part IL
WAS insisted on tho one hand that reference the
Secretary Of The Treasury on the subject OF loans
and provisions for tho public debt IN fact,
delegation Of the authority OF the Leg,siature nai
there existed distinction between the deb fative
functions oil the House and the mnist cral functions
Of the executive powers; that tho dsberatvo iunc.
tons should DO hrst exercised before the
began 10 act; that IL should be decided by the
House. 10 tho nrst instance. whether the debt should
lSuu
burdens or by new loans. and that the fundamental
principles OF any measure should perhaps be declded
mittee.
Ou the other hand It was said that The distinction
between deberativc and ministerial functions Is
qualified ny the Lac establishing the treasury
Department; that the law makes u ths duty OF The
Secretary todigest and report the plans TO amei'or
ate our haances without ANY call from The House.
BY such references neither 10 tue power OF the House
10 deliberate iniringed does give tho Secretary
right 10 debsrats miuisteriai:y. Tho result OF the
denbera Ions OF tho secretary was not obi yatory on
the House any further than IL WARRANTED by the
force OF srgumsas and the report from he head OF
department could further influence the House than
by the weight Of the wisdom 10 contained Suppos-
ing me legislative Uody should undertake TO orig.
mate witn0ut TINS previous step, and difficulty
should occur for want oi iniormation. IL would DO
acrogatory TO ITS dignity TO Apply then to The sscre
try Tor assistance and dangerous 10 proceed IN error
or ignorance. IL the influence oil tue secretary 10
formidable II would be much more formidable II
House The resolution was adopted by the vote OF 81
to rs
WHY SHOULD flSAnoiAL PLANS BE OkALLr NE
PoRrEDY
When the second clau-s oil the act Of 1859 estab-
lsnirg the Treasury Department was under consider
alton Mr.. Page objected 70 tile words making II the
Of The secretary TO dgest and report plans ior
the Improvement and management OF thc revenue aud
10 inc support oil the pubc credit" observing that
1t might be we'll enough to snJop upon him The duly
Of making out and preparing estimates but to go any
TURNER would DC n dangerous innovation upon the
constitutional privilege OF thus House; II would Gre
UNDUE innueuc within It's vans, because men-
bsrs might led, by dsiessncs commonly pad to
"A
have Thoroughly stunned, tn support the Miuster's
plan, even against their own Judgment Nor would
the mischief stop bere n would establish prsce-
dent which might DC EXTENDED until We admitted all
the Ministers vi the government on the foor, 10 ex
pain aud support the plans thcy nave digested aud
reportet thus laying foundation for an aristocracy
or detestsbie monarchy. (ADnais VI Congress, vol
ume ], page b91.) Nevertheless Mr.. RACES motion
Tor strk ng out the cause ncgatved, and IL is
nov ''the duy o. the secretary ot the Treasury to
nse. snu ~ m sn nr ~. a1d
pubic cresiI" And LIsns arc TO be "prspared"
why should not they be orally reported" to Con.
grossY
Ihc Secretary OF the Treasury is not directed by Con
gress 10 conduct the business vi his department IN
manner 'as the President Of the Uuilcd states
su. from time to time order or INSTRUCT but after
Vnunera.iny certain specified things when tho head
OF the Treasury Is to do he is required GENERALLY to
perform all such rea i've 10 the nnances as no
snail be directed TO perform"-wllhvut saving by
not direclsd 10 mako report or givo Information TO
other branch OF the LegIslaur Nor indeed. TO thus
day does The Secretary OF State make nj the opening
or TO ongress Whatever Is TO be SAID IN respect
foreign affairs IL said directly by the Pfoidcnt o the
United states IN MS annual mcssag.
rnE SECRETARY oY rHx TREASURY CAN BE COMPELLED
TO APPEAR ON TINE FLOOR OF the HOUSE..
The Secretary OF tho Treasury, however, IS by
the Law Of I7ss distinctly required so make,
report and give opinions to either branch OF
the Legislature In person or In w-iting rs
he may Oe reQuired respecting all matters rcicrrcd
TO him by the senate or House of natives, or
which shall appertan TO hts oncs" TINS, certainty,
10 unique requirement In our Laws. lie 10 compelled
CURED" which Is distinct declaration that Congress
cau compel the Secretary OF the treasury whenever
either house may IT. to appear at It's bar and give
sucb Information ~ eitner house may require. This
legislation must DO taken as distinct expression OF
OPINION ON tho part oil the nrst Congress which assem-
biei under tho constitution sthat the Jaw making
power could coDstran the secretary Of the Treasury
OF the Legislature might put 10 him respecting his
department.
rns constitution has invested tho President with
authority TO make treaties and appoint foreign MINIS
tiers, WIN the consent Of tho senate II wouo there