Year: 1879

speech in the Senate on an interesting
subject which has long engaged his atten-
ton, and on which his views have been
matured by research and reflection. He
was listened to with respectful attention,
and seems to have made favorable i'm
preston both for himself personally and
in favor of the change which he advocates.
We do not expect its early adoption, and
think that for the present the chief value
Of Senator Pendleton's speech consists in
the attention which il will draw to the
points by which our institutions are dis
criminated from those of England and
other parliamentary countries. The light
which such discussion tends to throw
on the structure of our government must
prove instructive quite apart from the
success of the proposed innovation.


Before describing Mr.. PendletOn's plan
or attempting to estimate its merits we
will state some of the reasons why the
presence in Parliament of the members
of the British Ministry is indispensable.
The members of the Queens government
are virtually, though not technically, ap-
pointed by the House of Commons, and
their tenure lasts only while they are
supported by majority of that House.
They are almost invariably members of
one or the other branch of Parliament at
the time of their selection, and If they
happen to hold seats in the lower house
they must go at once before their con-
stituents for reelection. 1t is necessary
that members of the Cabinet hold seats
in Parliament, because the Cabinet is the
controlling power in legislation. Nobill
has any chance of becoming law which
is not initiated, or at least accepted, by
the Ministry. Since the Ministry exists
only in virtue of its commanding ma
jOrity and is, by its control Of majority,
the sponsor for all legislation, no measure
can pass without its consent SO long as it
remains in power. 1t initiates all the
great measures; it frames all the impor-
tant bills; all the principal speeches ad
vOcating their passage or defending them
against the assaults Of the opposition are
made by members of the administration.


There is nothing bearing any resem-
blance to this in the legislation of the
American Congress. The heads of the
executive departments are strictly forbid
den by the constitution to be members of
either house of Congress, the prohibition
being in these words :-''No person hold
ing any Office under the United States
shall be member of either House during
his continuance in Office" All legisla-
ton originates OH Congress itself. The
American Cabinet, unlike the British
Ministry, cannot initiate measures, and
are not liable to be flung out of Office for
proposing measures which are voted down
by majority. There is accordingly no
such necessity for the presence of our
heads of departments in Congress as there
is for the presence of Ministers of Parlia-
ment.


Mr.. Pendleton recognizes this great and
fundamental difference in the structure
of the two governments, and wisely
makes no attempt to assimilate our con-
stituton to that of England. He desires
that the American constitution shall
stand precisely rs its founders framed it,
with broad line eofdemarcation between
the executive and legislative power. The
change which he proposes does not con-
template any amendment Of the consti-
tuti 1n nor any impairment Of the indie
pendence of Congress, nor any abridg-
ment of the existing freedom of the EX-
ecutive. 1t is so easy to misrepresent it
as an aping of monarchical institutions
that is due to- Mr.. Pendleton to show that
he is not assailing that division ofpowers
established by the American constitution.
He aims at nothing which cannot be done
by a mere act of Congress, without any
change in the fundamental law.


The essence of the proposed change is
| that the communications made by The
heads of departments to Congress shall to
a considerable extent, be oral and not
merely written. He does..nOt desire to con-
troll the freedom of the President in this
respect, but leaving the President at full
liberty he seeks TO compel the Cabinet
officers to appear in person and answer
interrogatories. Mr.. Pendleton is SO ex-
tremely chary of trespassing on the dig
nity Of the President that he makes no
allusion TO the fact that during the earli-
est administrations it was the constant
actice for the President to appear be-
fore Congress In person at the opening Of
every session and make an oral address
instead of sending in written message.
During the eight years OF Washington's
administration and four years OF John
Adams that was the invariable practice
and it nigh have continued to this time
had it not been for the personal idiosyn-
crasies of Jefferson, who set the example
which has since been followed. ihe con-
stitution, without deciding whether the
communications of the President shall be
oral or written, merely requires that che
shall, from time to time, give to the Con-


press information ofthe sta e 0fthe Union


and recommend to their consideration


such measures as he shall judge necessary


and expedient." Congress has no power


to control the choice of the President as


10 the mode of his communications, and


as they are merely formal it is OF no con-


ssauence whether they are delivered IN


person or sent in writing.


But the control of Congress over the


heads of depart ments does not admit OF


question. Their offices are created and


their duties prescribed by the national
legislature which can require OF them
any mode of exercising their functiohs
which it may deem expedient. The ac'


of the first Congress organiziugt the Treas


nrv Department declares that the Secre


tarv shall make report or give informa


nation 10 either branch Of Congress "ir
= nerson or in writing, as may be Iequi


red;" and what Congress may require OF


one head of department it has equal pow


ar TO require of allothers. II it so choos'


II can make it their duty to attend OF


certain days to answer inquiries, explain


their views and defend the action of thei


respective departments. Mr.. Pendletoi
nroposes that this shall be done, but il


strict subordination 20 the right Of eacl
house to make rules for its own proceed