of Administrative Law,
"the first announcement of the doctrine of centralism in its entirety
was set forth in an obscure opinion upon an unimportant matter--The
Jewels of the Princess of Orange, 2 Opin. 482 (1831). These jewels * * *
were stolen from the Princess by one Polari, and were seized by the
officers of the United States Customs in the hands of the thief.
Representations were made to the President of the United States by the
Minister of the Netherlands of the facts in the matter, which were
followed by request for return of the jewels. In the meantime the
District Attorney was prosecuting condemnation proceedings in behalf of
the United States which he showed no disposition to abandon. The
President felt himself in a dilemma, whether if it was by statute the
duty of the District Attorney to prosecute or not, the President could
interfere and direct whether to proceed or not. The opinion was written
by Taney, then Attorney-General; it is full of pertinent illustrations
as to the necessity in an administration of full power in the chief
executive as the concomitant of his full responsibility. It concludes:
If it should be said that, the District Attorney having the power to
discontinue the prosecution, there is no necessity for inferring a right
in the President to direct him to exercise it--I answer that the
direction of the President is not required to communicate any new
authority to the District Attorney, but to direct him in the execution
of a power he is admitted to possess. The most valuable and proper
measure may often be for the President to order the District Attorney to
discontinue prosecution. The District Attorney might refuse to obey the
President's order; and if he did refuse, the prosecution, while he
remained in office, would still go on; because the President himself
could give no order to the court or to the clerk to make any particular
entry. He could only act through his subordinate officer the District
Attorney, who is responsible to him and who holds his office at his
pleasure. And if that officer still continue a prosecution which the
President is satisfied ought not to continue, the removal of the
disobedient officer and the substitution of one more worthy in his place
would enable the President through him faithfully to execute the law.
And it is for this among other reasons that the power of removing the
District Attorney resides in the President."[394]

THE PRESIDENT AS LAW INTERPRET