Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-10-18
ENFORCEMENT OF THE EXECUTIVE.

This is question which l should
like to see discussed by both Demo-
cratic and Republican papers. There
Is, however, little that can be said, at
present, from Republican standpoint.
A great many persons are more or less
acquainted with the general duties and
powers of the President, but no doubt
your paper could furnish us with more
detailed information; also an extended
list Of the instances in which the
present executive has ancroaehed upon
the other branches of the government.
Article % of the Constitution deals
with this subject Section | states that
tho executive power' shall be vested
in President; how he is to be electsd;
who may he elected; his salary; and
oath Of office.
Section 9 says "he shall be com
mander- in chief If the army and navy
when called intn the actual service Of
the United States ~ But in this con
nection 1T is to be noted that article /,
sections and 2, gives as one of the
powers granted to Congress the right
= to declare war;" SO that il Congress
does not declare war tho Presidents
powers as commander in ief are
necessarily very limited.
Section 2 gives him certain other
powers shy and with the advice and
consent of The Senate. -
Section requires him to 'give to
the Congress information OF the state
of the Union.''
This much concerning the Constitu-
tion itself.
Now, it is generally known that
Aodrew jackson was, during his second
term, the object of the bitterest criti-
cism. And the principal reason for this
was that his opponents thought that he
had exceeded his authority Clay,
Calhoun and Webster, though seldom
agreeing on any single point, hold the
same views upon this subject.
And what was Jackson's offence? II
was during the fight against the United
States Bank. Whether the fight was
Just or unjust l shall not attempt to
discuss AT any rate jackson removed
his Secretary OF the Treasury, Duane,
and put 10 his place Roger b. Ianpy.
This act brought the matter Of auth rity
into full discussion, and the Con-
gressional Record of that date is full of
the denunciations of the statesmen of
| that period This was in 1893,
What have we in 1900? The chief
magistrate carries on a war against a
people before Congress even had the
| opportunity "to declare war - be
| directs the army az commander in chief
when it has not been "called into the
actual service Of the United States' by
Congress; he appoints commissions; he
causes our troops to be transported to
China; he appoints the Philippine
commission ts2l0, 000) a second Philip
pine commission tSl17. 500): Commits
sioner Porter to Cuba $50, 000I ]; A Iger
| army commission $3.50, 000l in fact
tho first one put the whitewash on SO
thickly. that it disgusted people
generally, and n second one had to be
appointed to put on thinner coating
Some OF these acts appear to me to be
outside of the executive power" as
| limited by the Constitution they seem
power. And, too, these are only few
of the 'acts" that come to mind.
There arc scores of other commissions.
| For the removal act above mentioned
jackson received pages Of oondemna.
ton. but now, when the executive
exceeds his authority in many in.
stances, few voices OF disapproval are
raised. Why is this? Are we losing
sight of the Importance of clear line
of division between the three branches
of the government-the legislative, the
executive, the judicial? Have we
reached the point where the executive
is to direct the leg slative? Let us hope
not. For. "a king by any other name
would be as bad"
1t is not necessary to quote at length
the views of former statesmen opposing
the destruction of this balance OF power
in tho Federal government. A few
sentences from Webster will suffice:
1.-The first object Of free people is
the preservation of their liberty, and
liberty is only preserved by maintain
ing constitutional restraints and just
divisions Of political power.''
After speaking OF the usurpation OF
one branch by another as ending in "a
pure despotism, he continued: "Bui
q separation of departments, so far as
is practicable, and the preservation oil
clear lines of division between them,
is the fundamental idea in the creation
OF all our constitutions and, doubt.
less, the continuance of regulated
liberty depends on maintaining these
boundaries. F"
And further. "No, sir. Our security
is in our watchfulness of the executive
power. 1t was TIE Constitution of this
department which was infinitely the
most difficult part of the great work OF
creating our present government. Tc
give to the executive department such
power as should make ii useful, anC
yet not such as should render it dan
gerous; to make it efficient, indie
pendent and strong, and yet prevent il
from sweeping everything, by the unior
of the military and civil authority, b,
influence Of patronage and Office and
favor-this was difficult. If wa woult
maintain our system. we shall ac
wisely to that end by preserving every
Constitution has provided
Is it not high time for US to give
this subject of executive power
serious considerations Civis.
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