§ 1487. The next provision is, as to the power of the president, to require the opinions in writing of the heads of the executive departments. It has been remarked, that this is a mere redundancy, and the right would result from the very nature of the office.[1] Still, it is not without use, as it imposes a more strict responsibility, and recognizes a public duty of high importance and value in critical times. It has, in the progress of the government, been repeatedly acted upon; but by no president with more wisdom and propriety, than by President Washington.[2]
§ 1488. The next power is, "to grant reprieves and pardons." It has been said by the marquis Beccaria, that the power of pardon does not exist under a perfect administration of the laws; and that the admission of the power is a tacit acknowledgment of the infirmi-- ↑ The Federalist, No. 74. See Journal of Convention, 225, 326, 342.
- ↑ Mr. Jefferson has informed us, that in Washington's administration, for measures of importance, or difficulty, a consultation was held with the heads of the departments, either assembled, or by taking their opinions separately in conversation, or in writing. In his own administration, he followed the practice of assembling the heads of departments, as a cabinet council. But he has added, that he thinks the course of requiring the separate opinion in writing of each head of a department is most strictly in the spirit of the constitution; for the other does, in fact, transform the executive into a directory. 4 Jefferson's Corresp. 143, 144.
were called out, he could not, except in person, command any of them; and if they were to act together, no officer could be appointed to command them in his absence. In the Pennsylvanian insurrection, in 1794, President Washington called out the militia of the adjacent states of New Jersey, Maryland, and Virginia, as well as of Pennsylvania, and all the troops, so called out, acted under the orders of the governor of Virginia, on whom the president conferred the chief command during his absence. Rawle on the Const. ch. 20, p. 193. It was a practical affirmation of the authority, and was not contested. See also 5 Marshall's Life of Washington, ch. 8, p. 580, 584, 588, 589.
