The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-28
JCMcrSOn's Letter to Heads of De-
partmrnts.

OF a theory on which it is attempted TO
palliate the advocacy OF transfer 10 the
Government at Washington of new pow
en- covering the control Of individual or
corporate affairs, which can better be
rcgu ated either by the owners OF the
capital employed or by the State OF
which the individual or corporation Ia
resident.
This il it:
Congress by law dcvo,vcd the organization OF
the rural delivery service and the appointment or
all It's force the Postmaster General and not on
M PROCTOR. For several successive ars II
made constantly Increasing appropriations. 20 be
expended absolutely at the Postmaster .Generais
discretion. without condition OF restriction. 50
.ar a. now recall there Is not parallel case run
ming through period OF ;cars in the history OF the
country. This great confidence Imposed high
obligations en- the Postmaster General. he made
his regular reports 10 the President and to Congress.
and they approved his action"
A glance at the Federal Statutes will
show an absence of uniformity and sys-
TEN in the designation by Congress OF
officers who are to perform specific act.
Sometimes it is the President who is
named. and sometimes il is the head Of a
Department In the after case, the rule
Of the Constitution remains in force that
TO Postmaster-General, or any other
head OF Department. can be empoW cred
by Congress lawfully to do an official act
against the will Of the Pres dent. If
Congress had enacted that the Post
master General should, in his own discre-
ton, organize the postal delivery service.
the Constitution would insert the words,
always subject to the appreciation Of
the President Otherwise Congress could
Dust the President from his Constitutional
prerogatve and usurp control of his ex-
"c,itive functions.
The pending dispute between Mr..
SMITH and Mr. PROCTOR, between the
postal and civil reform services. is a
pertinent illustration.
II the two conficted. then the Pres-
dents command, to be Immediately
asked by them, should have been the law
for each The question of classified
service was within his supreme executive
authority In the enforcement of either
ret of statutes, both Mr.. SMITH and Mr.
PROCTOR, if the two were in conflict, or if
either had any doubt regarding what the
law required Of himself. no matter how
much discretion Congress had impaired
10 either, instantly should have taken
the Presidents instruction
Had the Postmaster-General taken
daily, or hourly if need be. the Presi-
dents orders, the responsibility would
then have been his in fact, as il il in Con-
stitutional theory. The language of the
statute referred to by Mr. SMITH neither
added to his own official responsibility
nor diminished that Of the President
Such is the mandate of the Constitu-
tion. and such was the practice of WASH
IyGToN and JEFFERSON, as is shown in
circular letter by JEFFERSON dated
Nov Q, 1901, to the heads of depart
,nents. brought TO light by Mr.. FORD and
published on pages sO-1Ol of the eighth
volume OF his edition of JEFFERSON
writings.
In WASHINGTON time the reply to
each important letter addressed to the
head OF Department was sent to the
President for his inspection, modifica-
ton and final sanction. JEFFERSON made
n similar rule. in order, as he wrote, that
he be always in accurate possession Of all
facts and Government proceedings in
every part of the Union, that he preserve
unity Of Gvw rnmental object and ac-
ton, and that the President be duly
responsible for every official act done
by any head OF department. or other
official
Neither WASHINGTON nor JEFFERSON
permitted the Cabinet to be like French
Directory, or to usurp the Presidents
executive discretion in acts ordered by
Congress to be done. Each Of these
Presidents was in practice the actual
executive chief, as he should be.
At the date Of JEFFERsoN's circular
letter there were only four executive
departmental the Attorney
General-and JEFFERsoN's opinion was
that the great mass of the business Of
Government in the United States, Of
legis alton and administration, outside
of affairs Of necessary Federal relation,
including foreign aggression and do
mestio instruction, remained with the
States.
One reading the text Of JEFFERSON
circular letter written more than CEN
fury ago, may say that it is now. owing
70 the increase Of business at Washing
ton, practically impossible TO conform
thereto. Be it so! II is yet a warning
not TO make execution of the Constitu-
ton impossible by the increasing ten
dency since MCKINLEY's death TO dump
additional and unneces AIRY work on the
Legislative, executive and judicial de-
partmepts at Washington. Congress
may have time for legislation, but the
President has not time for fidelity OF
execution.
The voters are somewhat reconciled
10 recent Federal laws regulating the
use and employment Of capital, because
they think President for whom they
have cast their ballots and whom they
elected will, in person, execute those
new laws. The fact, however, is that
the execution Of the now Legislation
hampering tho action of capital and its