The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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JUNE 29. DUTIES OF THE COMPTROLLER. |
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 | The writings of James Madison, |  |
JUNE 29. DUTIES OF THE COMPTROLLER.
Mr. Madison observed, that the committee had gone
through the bill without making any provision respecting the
tenure by which the Comptroller is to hold his office. He
thought it was a point worthy of consideration, and would,
therefore, submit a few observations upon it.
It will be necessary, said he, to consider the nature of this
office, to enable us to come to a right decision on the subject;
in analyzing its properties, we shall easily discover they are
not purely of an Executive nature. It seems to me that they
partake of a Judiciary quality as well as Executive; perhaps
the latter obtains in the greatest degree. The principal duty
seems to be deciding upon the lawfulness and justice of the
claims and accounts subsisting between the United States and
character, and there may be strong reasons why an officer of
this kind should not hold his office at the pleasure of the
Executive branch of the Government. I am inclined to think
that we ought to consider him something in the light of an
arbitrator between the public and individuals, and that he
ought to hold his office by such a tenure as will make him
responsible to the public generally; then again it may be
thought, on the other side, that some persons ought to be
authorized on behalf of the individual, with the usual liberty
of referring to a third person, in case of disagreement, which
may throw some embarrassment in the way of the first idea.
Whatever, Mr. Chairman, may be my opinion with respect
to the tenure by which an Executive officer may hold his
office according to the meaning of the Constitution, I am very
well satisfied, that a modification by the Legislature may
take place in such as partake of the judicial qualities, and
that the legislative power is sufficient to establish this office
on such a footing as to answer the purposes for which it is
prescribed.
With this view he would move a proposition, to be inserted
in the bill; it was that the Comptroller should hold his office
during—years, unless sooner removed by the President:
he will always be dependent upon the Legislature, by
reason of the power of impeachment; but he might be made
still more so, when the House took up the Salary bill. He
would have the person re-appointable at the expiration of the
term, unless he was disqualified by a conviction on an impeachment
before the Senate; by this means the Comptroller
would be dependent upon the President, because he can be
removed by him; he will be dependent upon the Senate,
because they must consent to his election for every term of
years; and he will be dependent upon this House, through
the means of impeachment, and the power we shall reserve
over his salary; by which means we shall effectually secure
the dependence of this officer upon the Government. But
to secure his impartiality, with respect to the individual.
This might be effected by giving any person, who conceived
himself aggrieved, a right to petition the Supreme Court for
redress, and they should be empowered to do right therein;
this will enable the individual to carry his claim before an
independent tribunal.
A provision of this kind exists in two of the United States
at this time, and is found to answer a very good purpose.
He mentioned this, that gentlemen might not think it altogether
novel. The committee, he hoped, would take a little
time to examine the idea.[123]
TO EDMUND PENDLETON.
I am particularly obliged by your favor of the 3d, which incloses
your remarks on the Judiciary bill. It came to hand yesterday only,
and I have not had time to compare your suggestions with the plan of
the Senate: nor do I know the alterations which may have taken place
in it since it has been under discussion. In many points, even supposing
the outline a good one, which I have always viewed as controvertible,
defects and inaccuracies were striking.
It gives me much pleasure to find your approbation given to the
decision of the House of Reps. on the power of removal. This appears
to be the case with several of our friends in Virga. of whose sentiments
I had formed other conjectures. I was apprehensive that the alarms
with regard to the danger of monarchy, would have diverted their
attention from the impropriety of transferring an Executive trust from
the most to the least responsible member of the Government. Independently
of every other consideration, the primary objects on which
the Senate are to be employed, seem to require that their executive
agency should not be extended beyond the minimum that will suffice.
As the Judiciary tribunal which is to decide on impeachments, they
ought not to be called on previously, for a summary opinion on cases
which may come before them in another capacity. And both on that
account, and the necessity of keeping them in a fit temper to controul
the capricious & factious counsels of the other Legislative branch,
they ought to be as little as possible involved in those questions of a
personal nature, which in all Governments are the most frequent &
violent causes of animosity and party. . . .—Mad. MSS.
TO JAMES MONROE
Your ideas on the proposed discrimination between foreign Nations
coincide I perceive exactly with those which have governed me. The
Senate did not allow that no effort should be made for vindicating
our commercial interests, but argued that a more effectual mode
should be substituted. A Come. was appd. in that branch to report
such a mode. The report made is founded on something like a retort
of her restrictions in the W. Inda. channels. It is now said that as the
measure would involve an imposition of extraordinary duties, the
Senate cannot proceed in it. Mr. Gerry alluding to these circumstances
moved two days ago for a bill giving further encouragement
to trade & navigation, and obtained a Committee for the purpose.
What will be the result is uncertain. If the attempt added to what has
passed should as it probably will, be made known abroad, it may lead
to apprehensions that may be salutary.
The attention of the H. of Reps. for some days has been confined to
the subject of compensations. The bill is at length brought into its
final shape. Much discussion took place on the quantum for the
members of Congs., & the question whether it shd. be the same for both
Houses. My own opinion was in favor of a difference founded on a
reduction of the sum proposed with regard to the H. of Reps. & an
augmentation as to the Senate. As no difference took place, the case
of the Senate and of the members from S. C. & Georga. had real weight
agst. a lesser sum than 6 dollrs., which I own is higher than I had contemplated
for the H. of Reps., & which I fear may excite criticisms not
to be desired at the present moment.
Yesterday was spent on a Message from the President relative to
Indian Affairs & the Militia Bills are ordered providing for a Treaty
with the Hostile tribes, and for regulating the Militia. The latter is
an arduous task & will probably not be compleated at this Session.—
Mad. MSS.
| The writings of James Madison, | |