The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-16
A LOOK hack.
Examination OF Things Rehind the Post
once Disturbance -WOrk for Roosevelt.

| Examination OF Things Behind the Post
once disturbance for Roosevelt.
To THE EDITOR OF The SUS-Sir: Al
ready are friends OF the accused postal
officials pleading, in extenuation Of their
offences, that the taking over of our insular
possessions strained to breaking point
the moral fibre Of the inculpated Depart
ment 1t was not, as they say, "the cankers
OF a calm world and long peace that
Slapped the strength of virtue. The saying
ia only half truth. There are causes of
defective supervision OF postal affairs be-
sides the war with Spain, which the Presi-
dent will now strenuously set himself to
ascertain and proclaim.
The President is a candidate for reelec-
ton. Vulgar venality, such as seems to
have done its work in the Post Office De-
partment, is utterly abhorrent to his nature.
He has before him the task. as President,
which moved the endeavors Of Tilden when
confronted, as a private citizen, with the
| dishonesty and thieving Of the Tweed Ring,
and, as Governor, with the populations OF
the Canal Ring.
The Constitution discloses why the coun-
| try needs a President, and why one is next
year to be chosen 1t is in order that there
may be some one to take care that the laws
be faithfully executed" and also an execu-
tive officer especially sworn to preserve,
protect and defend the Constitution" and
be responsible therefor In that way the
| people are to be safeguarded If the Con-
stitution shall be adequately defended by
the President, they can in all else take care
Of themselves.
In everything that has come to us Of the
| ,t,l,
framed the Constitution-from the first
germs Of n conception of the Office down to
its final formation as we know tit clearly
appears that the President was to be the
executive agent of Congress The COM
mittee of detail even vested his appoint
ment in Congress. Fearof excessive con-
soldation killed that plan of appointment,
but his main function remained to the end
unchanged. The executive Office was vest
ed in single person He was denied
cabinet, or a privy council, shielding him
from responsibility by Impeachment for
infidelity In the execution of the laws.
There was to be no barrier whatever between
him and a public accusation. Official aids
and assistants were given, but no shelter
for himself against defective personal
vigilance. Other powers were impaired
to the President. such as the veto power,
in order to enable him to protect the ex-
ecutive Office from legislative encroach-
ment. His salary could not be reduced.
That he might adequately preserve, pro-
tect and defend the Constitution" and ex-
ecute the laws he was made Commander
in-Chief of the Army and Navy. He was
empowered to pardon for national offences,
excepting in cases OF impeachment.
In the beginning it was thought best to
give the appointment of Ambassadors and
Supreme Court Judges to the Senate. and
to the President the sole voice in the selec-
ton and appointment of all other officers.
executive and judicial. Subsequently,
however, the advice and consent Of Sena-
tors, as ambassadors from the States, was
made necessary for a completion of the last
named appointments, and finally it was
decided that Congress should define "in-
ferior officers" vest the appointment OF
them in the President alone. in the courts,
or in the heads of departments, and then
confer on the President power to "nomi
nate, but only with the advice and consent
Of the Senate could he appoint" Ambassa-
doris, other public Ministers and Consuls,
Judges of the Supreme Court, and all others
unprovided for, whose Offices shalt be estab-
lished by law. There is nothing to prevent
the President from taking the advice and
consent OF the Senate before nomination,
any more than in taking it in regard to
treaty before its negotiation.
1t was not deemed safe or eNpedent or
necessary for due execution of the laws
to give to the President alone the selection
of Supreme Court Judges, diplomatic and
consular agents, together with the higher
executive officers, and so the Senate was
selected as a check upon and participant
in the exercise of that executive power, as
we'll as in the making Of treaties which were
to have the effect Of supreme laws,
The Constitution does not recognize the
head Of department, or impart power to
him, excepting in the single case of the APP
pointment of inferior officers if Congress
has SO enacted, and the exercise of that
power can even then be virtually controlled
by the President through his power of re-
moval. How many departments can exist
and what each can do the Constitution does
not prescribe, but leaves prescription to
Congress, which, as a rule, and with the ex-
ception of the Treasury, has put the head
Of each department under the orders of
the President. That must and should be
so, or else Congress could so subdivde
executive power among the departments
as to create a Congressional despotism, and
make the President as impoten, and orna-
mental as is the King of England and as
free to travel and remain abroad for his own
pleasure and amusement. All that was
illustrated in the conflict, so discreditabie,
between Congress and President Johnson,
over the Tenure of Office law. which was
designated to deprive the President of his
prerogative power to create and fill vacan-
cies In executive Offices. The Secretary Of
War. Mr.. Stanton. wrote TO the Senate,
after that body had restored him to Office
by refusing to concur in the reasons as
signed by the President for his removal,
that no communication had taken place
between him and the President. and that no
orders had gone out from tho War Depart
ment in the Presidents name. In what
other name could lawful orders issue?
The probability is that Congress cannot
create an executive officer who is not sub
ordinate to the President, and that every
official act of every executive officer must
in law be presumed to have had the special,
or general, direction of the President,
Therefore, before The President left WASH
ington on his recent two months absence,
the legal presumption must be that he gave
general directions to the several heads OF
departments to issue orders, in his name,
whenever they saw fit and in their own dis
cretion, inasmuch AS special directions i'm