The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-13

We wish that Gen. Harrison had given us his
opinion on the question whether q joint resolu-
ton OF Congress. II passed over the Presidents
veto. is binding on the Executive. no matter
what may be the subject of the resolution. 1t is
we'll known that q usage has grown up, al.
though there seems to be no warrant for it in
tho text Of the Constitution, that the President
need pay no heed to O resolution which has
passed both houses of Congress, provided 1t DO
expressly declared to be concurrent" II, on
the other hand, it is proclaimed on its face to be
n Joint" resolution, it is customarily treated
like a bill, and must either be signed or vetoed
by the President, and, in the latter event, it
may be passed over the veto. Suppose, however,
that q joint resolution of Congress. passed
over the Presidents veto. should forbid the
President to exercise some of tho powers ex-
pressly delegated to him by the Constitution,
would not the President be advised by his At
torney.General to disobey the resolution, and
would not his disobedience be justified by the
people, This is not an academic, but a live
question. for 1t is held by some authorities that
the recognition OF the belligerency of a given
insurrectionary community is. constructively,
one of the powers delegated by the Constitution
to the Executive, and therefore one upon which
the Legislature has no right to encroach.
We know. of course. what are tho theoretical
relations Of the President to the members
Of his Cabinet, according to the C~onstitu
ton. He aIone is responsible to the Legis-
lature; they, on the other hand. can be re.
moved at any time by tho President, and no
reasons therefor need DO assigned, but they
are not answerable to Congress except for
offences which may subject them to i'm.
parchment. Under the circumstances some
commentators on our political system have
carried logic too far and described our Cabinet
Ministers as clerks" 1t is illuminating to
hear the testimony Of men who themselves
have occupied the Executive office. MI. Hayes
said in an interview. from which an extract
is made by tho author OF this volume, that
"in matters Of a department we gave
greater weight to the opinion Of the Secre-
tary of that department apparently we should
here inject than to his ownl If the Secretary
opposed his own view; but, on two occasions at
least, he had decided and carried out matters
against the wishes of the Secretary of tho de-
partment affected. He Ind done 30 in tho case
of his Secretary of the Treasury [Shermanl,
whose opinion he usually valued. In each case,
knowing the certainty of diverse views from
the Secretary. he had not asked those views.
but had announced to tho Secretary his own
policy and decision" From some remarks ON
the subject in this book we infer that, when Gen.
Harrison was President, he played a more active
and independent part. We quote a part of the
phiaBFaph III "uiCu NO UOuCneb on tnlS question.
"In all important matters the President is
consulted by all the Secretaries Including,
as Mr.. Blaine discovered. his Secretary of Stated.
He Is responsible for all Executive action, and
almoste everything that is out of the routine re-
ceives some attention from him. Every i'm.
portanJ foreign complication Is discussed with
him, and the diplomatic note receives his ap-
proval. The same thing is true of each of the
departments. Routine matters proceed without
the knowledge or Interference of the Presidents;
but, II any matter of major Importance arises.
the Secretary presents 1t for the consideration
and advice OF the President" 1t seems that, &C
cording TO Gen. Harrison's experience, only mat
tiers OF Importance affecting the general policu
Of the Admfntstrdtion arc discussed In the Cabi.
net meetings.. and pOtes are Of rare occurrence.
He adds, and there Is much meaning in the
words to those who know something about tho
self.seeking OF one member of his Cabinets: "If
there Is that respect and confidence that should
prevail between a President and his Cabinet
officers. this consultation is on equal terms. and
tho conclusion Is one that both support, There
should be no question of making a mere clerk of
the Cabinet officer; there Is a yielding of views,
now on one side. now on the other; but 1t must,
of course, follow that when the President has
views that he feels he cannot yield, those views
must prevail. for the responsibility Is his, both
In a constitutional and popular sense"