A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The Captain Meigs to whom the bill refers is Montgomery C. Meigs, a
captain in the Corps of Engineers of the Army of the United States, who
has superintended this work from its commencement under the authority
of the late and present Secretary of War.
Had this appropriation been made in the usual form, no difficulty could
have arisen upon it. This bill, however, annexes a declaration to the
appropriation that the money is to be expended under the superintendence
of Captain Meigs.
The first aspect in which this clause presented itself to my mind was
that it interfered with the right of the President to be "Commander in
Chief of the Army and Navy of the United States." If this had really
been the case, there would have been an end to the question. Upon
further examination I deemed it impossible that Congress could have
intended to interfere with the clear right of the President to command
the Army and to order its officers to any duty he might deem most
expedient for the public interest. If they could withdraw an officer
from the command of the President and select him for the performance
of an executive duty, they might upon the same principle annex to an
appropriation to carry on a war a condition requiring it not to be used
for the defense of the country unless a particular person of its own
selection should command the Army. It was impossible that Congress could
have had such an intention, and therefore, according to my construction
of the clause in question, it merely designated Captain Meigs as its
preference for the work, without intending to deprive the President of
the power to order him to any other army duty for the performance of
which he might consider him better adapted. Still, whilst this clause
may not be, and I believe is not, a violation of the Constitution,
yet how destructive it would be to all proper subordination and how
demoralizing its effect upon the morale of the Army if it should become
a precedent for future legislation! Officers might then be found,
instead of performing their appropriate duties, besieging the halls of
Congress for the purpose of obtaining special favors and choice places
by legislative enactment. Under these circumstances I have deemed it
but fair to inform Congress that whilst I do not consider the bill
unconstitutional, this is only because, in my opinion, Congress did not
intend by the language which they have employed to interfere with my
absolute authority to order Captain Meigs to any other service I might
deem expedient. My perfect right still remains, notwithstanding the
clause, to send him away from Washington to any part of the Union to
superintend the erection of a fortification or on any other appropriate
duty.
Public-domain text, read in full here on John Shaqi.
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