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spection laws, and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the congress. No state shall, without the consent of congress, lay any duty of tonnage, keep troops or ships of war in time of peace, or engage in war unless actually invaded, or in such imminent danger as will not admit of delay.
On the Executive Power.
IN the formation of a republic there is perhaps no part more difficult than the right constitution of the executive authority. The three qualities of promptness, vigour, and responsibility, ought to be combined in it. In the two other branches more deliberation is necessary. Whether to make laws or to expound them, the motions should, in general, be slow and cautious. The acts of either, when constitutionally consummate, are obligatory on those whose duty it is to enforce them. The office of executing a law excludes the right to judge of it, and of course does not require that the executive power should concur in opinion on its utility. When the meaning and intention of the legislature are ascertained, and the law itself is constitutional, delay in the execution of it is culpable. The public, which may blame the legislator, requires of the executive officer to carry it into effect, because to subvert the order of government is one of the greatest evils that can befal it. Every individual is bound to obey the law, however objectionable it may appear to him, the executive power is bound not only to obey, but to execute it. To hesitate, to delay, perhaps to lose the proper moment of action, would approach to entire disobedience. A prompt submission to the law, and an immediate preparation to enforce it, are therefore absolutely necessary in relation to the authority from which the law has emanated. But we must also consider this quality in respect to its effect. The operation of a law, whenever the time of acting upon it has arrived, should be immediate and decisive. The law is a power of which the force and existence should never be unfelt or forgotten. Like the pillar which led the Israelites through the wilderness, it should always be in sight. The commonwealth in which its pre-eminence is not constantly present to the mind, is in danger. But the sensation of its continued presence and uncontrollable power will be greatly weakened, if time is suffered to elapse without necessity, after its action ought to take place.
On general political principles therefore, as delay is reprehensible, promptness is a duty, the non-performance of which may enable transgressors to escape. For this reason it is both wise and humane, that the execution of laws should be speedy, that is, no unreasonable interval should be allowed between the violation of the law and the adoption of such measures as may be necessary to enforce it.
For this purpose the executive must also be endowed with sufficient energy. It has been justly said that a feeble executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution, and a government ill executed, whatever it may be in theory, must in practice, be a bad government. (62) It is in fact only by the execution of the constitution and the laws, that the true value of either is known. If they are left as dead letters, they confer no benefit, and avert no evil. Principles without practice are like the intentions of an individual without acts. An energy acting in proportion to the exigencies that arise, must be seated in the executive power. The proportion of the power to the occasions that are
(62) Fed. No. 70.
expected to require its use, should be as exact as possible. If it falls short, the evils we have already adverted to will ensue, if it exceeds them, the liberty of the people is endangered. It is difficult to adopt general expressions exactly descriptive of the proper extent and limitation of this power. Perhaps those we find in the constitution are as competent as any that could be applied. “He shall take care that the laws [of the United States] “shall be faithfully executed.” The simplicity of the language accords with the general character of the instrument. It declares what is his duty, and it gives him no power beyond it. The constitution, treaties, and acts of congress, are declared to be the supreme law of the land. He is bound to enforce them, if he attempts to carry his power further, he violates the constitution.
But although an exact specification of the manner in which the executive power is to be exercised, is not and could not be introduced into the constitution, although it would be at once unnecessary and impossible to define all the modes in which the general power shall be executed, yet the auxiliary means are not wholly omitted, and will be noticed after we have considered the composition of the executive.
In some republics, the fear of evil from a single head, has led to the creation of councils and other subdivisions of the executive power, and the consequent imbecility and distractions of those governments have probably contributed to lead most of the nations of Europe to the preference given to monarchies. It was falsely conceived that to vest the executive powerin a single person, was inconsistent with the nature of a republic, or it was supposed that a republic so constituted could not long retain its freedom, against the ambitious views, and alarming powers of a single magistrate. But in Ame
rica, neither the fervour of republican principles, nor the odium of monarchy, then in hostile array against us, overpowered the calm and deliberate exercise of a sound judgment in this respect, and in every state but one, the unity of the executive power was adopted as a principle. Pennsylvania alone, whose original constitution has since been altered by the people, created an executive council, formed of a member from each county.
The experience of nearly half a century in respect to these state governments; the experience of upwards of a third of a century in respect to the United States government, evince that under proper regulations no abuse of such powers is to be feared. Limited and restrained as the president is, creature of the people and subject to the law, with all power to do right, he possesses none to do wrong; his general responsibility by being undivided is complete, his liability to impeachment, by accusers, in whose appointment he has no share, before a court which he does not create, both emanating from the same source to which he owes his own existence; his term of office exactly limited, his official power entirely gone the moment that of his successor commences, or the moment when the senate shall pass on him a sentence of deprivation of office; his only safety consists in doing what is right, his speedy and certain destitution would follow a contrary conduct.