North Carolina Newspapers

r " . i: ,:A r. Horn. RALBIGI2, IT. C. THUIlSDA'Sr, LZAIICH 20, IC3 Jlni.Aorth Carolina State Gazette, '; : reuwsB, wkisit, 11!-"'-. . f LAWRENCE & T.EMAY. 5 ' ' J- v TERMS. . ' -f 7r.-, -' g -kcmrTtair, three dolUra per annum one Jiilf in wUaitee. Subwribert in. Mlttr Stale rwMiat)M allowed to reouua in arrewt looker iUmm Jr, and perwn, reeitlent without Uiit Lttte, ho rosy rfeir 9 become tubteriberij "will be itrlcllj rettiired to jr.th wbole a- isoaot of the yonr' tabecription In dvur. . AnTTfRili!T, not weeding fifteen, line, interted Xhrem tirarf of one dollar, tod twe , tr-6e Mult liif mlt aiUMU ! f.itTrt tb EdiwrfTOtnt bw-pot-pidi SPEECH OF MR. RIVES. To what degree, air, most the a -MCions mind of the honrrable Senator from Kentucky (Mr. Clay) bare been Inflamed by a gratuitous, however pa triotic, indignation" agaihsf' the'Presi -dent, to-hsve invoked, m applicable-to thia occasion, the solemn warning ol Patrick Ilanry.-ia-the Virginia Conveo- t lion, against the union of the purse aor) the.awora. wnicn mat euicu unwr and ttrit pronencedr"b destruc tive of freedom. . Glowing.sir, at was the imagination, and fervid as the ora tory of that great man, he never could have seen in the simple ministerial op f riiioo of transferring Jhe public mon va from one place of deposite to a- -.i,.r in nnmnxnre of an authsritv fivjmv., 4 I gUta by tiw, Oiit" formidable aasurnprl Vonorabfe Senator had read a few brief; entente immediatelt preceding the io what aensft Mr. Henry spoke of the power of the purse and the tword. He would have seen that Mr. Henry, un ' enmpromieing adversary as he waa of the oew " tonatirotiimaBrgliiBg against . ih nowerrnroDosed to-be -vested iu Copgresa of taxation, of raising armies, ' and of - contrct ovrrthe miHtia. .-! What said the oralof. fir? "Con- 4mi,--r ifcer powefof iatloBi- "byt at of-'Taistief aatrm control ; over the militia, have the : aword tnrone hand, atd-the purse io , other. Bhsllwe be sate without power overaoiD ioeyxre emireij tner Mer both tnevare .eniirfiiT given up byaa." Then followed, in immediate juxta-position, the passage quoted by tbe k honorable Senator. Let aor one candidly tell me uheo and where did freedom exist, when the sword aod the purse were given up ftom tb fpttje?w.-fccy,,,.;,.,,,u,i.. ..;r......,, ItOteffoiB President, that Patrick Heory spoke of the pow er of the purse in the sense in which I have already expla'itied it;- as the great power-of taxation, and its incident., that of appropriation and not the subordi nate ministerial fanctioospf collecting, receiving, keeping, depositing the pub lic moneys voder authority of law. We aee, also.in what aense be spoke of the power of tbe sword, aa that ot ran- 2 l t I . I - ing armies, and of general control over r. T - -r . I. the military force el the country. It is in thia sense, aa. we -have seen, that tbe King of England ia said to hold tbe , unite -wttV-that-' of the sword, he o , power ol tfie sworo. out mere is no. ,iin to ,is Cabinet -that the consti color, nof tbe alightestVTor saymg that u(ian ha9' devolved upon him the the President of the Uv States holds , 0f wpmiitoufiiig the' operation ,the power of the sword. "nnot !f Ecutivo DT,paI.tm;t9 raise armies, eaujo Beets, declare war, , , , .. . 3 . A ,;ii fn,ti, militia. All these powers, which con stitute the power of the sword, arc ex- regy vested io Copgresa.''- He i, by thTcoostititioorft1' ., commander io-chief of the army when it is raised, and of tlic militia when they are called r for by Cutigress; but this no more gives Jliol the power of tbe tword, in the true "r wlkical eoe,;tbao ibef unction devol- . . r n-.; Sp:oa:xeceageoiaie .aiwiiiD' the nubile taxes, alter and receiving tbe public taxes, after '-tbey have been . imposed bj loogress, givsa biua the power efrihe purser Thia 6miooO5 cotijunctioo of the a word and the purse the, io the handa of tbe Presideot, ia a creation of the imagina tion, which, like other " raw heads and bloody booeanf Use da, can frighten oly while It ia unapproached and un ximined. fHere Mr. Clay rose and said, if the . fipmiar will Insnect" the passage, the einri.iii wilt aalisfv him, that it has. jsome pertioeocj. - Patrick- Henryaa agaiot4ke .uniJU of the purae and the iword id tbe band pf the General Got. ernmeot; it wai the bole power, of ibe countryj and unier ich a union, liberty &t.ffttvUfMtMth.. that if, when tbe purse and aword are in "the hands of the entire Government, checked and balanced aa it i, by meaci of its various departments, there ia till danger, how much -more immense when tbey are in the bands of one of them, when all did pot furnish a com petent aecurity for liberty. Mr. C. also aaid, that io ' bis remarks 00 tbe L union ol the purse and . sword in the landa of the Preideot4he did not al lude solely to bis atizure of the public money, but to tne powerwbich he had claimed aod exercised, of saying to one Secretary, Voii must get out ot office, -if you wilt not do at I bid you;" and to another ofiicer, I dismiss you, en Jets yoa consent to be governed and con Irolled by roe.M : ' IC itiilseema to me, eontinned Mr. Mrd, that the booerable Seoator has faded to ahow the applicability. ofhi "quoUtioo from Patrick Henry to tbe power exercised In the removal of the I deposites; .The hooerablt Seoator now recocoisea ineiiroaolnd onlj Ifue tense, in which Mr. Henryspoke of the powers of the parse and the sword, and argues it those powers, when pos- sessed by the whole Government were tbua dangerous to I iherty, how ' much more, so must they be he n a nit ed in the handa of a aiogle branch of .the Gov.; ernmtnt, To make this reaconinc just, then,, and tiie - qootation applicable, it must be shown that, in the anieene :I&.MtK 35tte".B wex"Vre jmweMe' by the whole GovernmeBtj orraiher by, Uongress, they have been exercised or attempted t64eercised by the Pre tident. Bat aurely, sir, the honorable Senator wi'l not contend that the Pre sideothaa execrised or attempted to ex ercise the power of taxation, which Mr. Ileory spoke of as the power of the purse, 6f,on the other -hand, that he hsi exercised, or ailetopf ed to exercise, the power of raising armies acid calling forth the militia, 'hich Mr. Henry ton sidered the power of the sword. In regard in tUte other portion ot titc hoTibraMc SenatorVobsenatroHs touching the abuses which the Presi dent mii' commit in SBjingfiist to one, Jind tken to Rnothcr Srcretary, that if you will not dn so and so, I will turn you out of office, 1 can only say that the argument comes just fort jrfiejew n tli e very ifie fullest consideration, that the Presitlent, accordiiig to lh true principles of that instnitjient, pos. sessed 4ho power f-rai iMrom office; and tht power was expressly recognised in the acts constituting the Execntive. Depflrtmcnts. 'The. very argamciit vLicb the, honorable 1 Senator now uses, a n d everv ot he r which he nas so earrieslTj ; pressed on thi9 "branch - of ihc Kubjcct, derived from possible abuses. wr.B then re- peatc diy ia i ilroayitfffijpafel' dent. Uiit tlicywrrns;; oTcr ruied ohtulTglwund iuaOue'ConsOrutTon . . . tponsible for the conduct of tbe exe cutive olUccrs employed under Lim, whom, therefore, he ought to have iuo power io control, .ana mat una responsibility t the President thus ! established was, in fact, to use the language of Mr. Madiaon, the high est security for liberty and' the public good." But, sir, this matter deterves a fuller examination, and brings under review-93m opinions cxpresaed-hy tbo honorable Senator a few days ago, which, as they involve, the fundamental theory of the constitu tion in regard to the Executive branch of tbe. Government, 1 will j proceed to consider more in detail. IrriL. t. O ... iuu uuuui iiuic tsuimiur iuok especial exception to tbe principle asserted by ! the President in the ia per read bv ue conicnueu uiai uie conmiuuon had iTeTrliinrno- such power that by 'to those departments may, and in certain rases have been, placed under the suprcintendcncc and direc tion of the President-that so far, and no farther, he has, by laic, the superintendence T their operations; hut that the constitution has devolved on the President no rii;ht of su- i. uepai'tniems Kow, sirron this assertion. must respectfully join issue with the honorable Senator; and I call to witness the fathers of the constitu tion, and those who have had the lar. gest and most-enlightened - experi ence in the administration of its highest trusts. . The fundamental theory of the constitution in regard to "the Etrtveptweri TSy'leti" Its unity 2dly, Its responsibility;, to secure which last, in an undivided and the most efficient manner, was the great argument in favor of the first. In guiveiimenta of tbo mon arebial kind, the Executi ver head is exempt Xrtn alf rcsponsihility. . Hut in our republican constitution, the chief Executive Magistrate is uiider a triple resposihility, through tbe medium of election, of impeach mcnt, aod of prosecution in the com mon course of law. lie is not only responsible for bis personal acts, hut the "Executive i powe rbeing . vest ed in hi oi," he isresponsible for the Wholo Executive Departmcutj ".'and this I esponsiWIityjif ibe I're?.ideitt was considered the - great security for the proper and safe admimst ra tion of that Department. Mr. Madison, in the debates which took place in '89 on tbe President's power 'm t ...!- !- At . oi removal, saiu, "ii i.i cviucnuj ine intention of the jconsftfuftoa that the First Masristrate should be responsi hie' for tho" Executive Department." htn. in the course of the'samcde- bate, Ife aid, "The principle of ttni- ij ann rcsponsiuuur m , jxeco tiic Drpartmetit is" intended for the security of liberty and the public Tbe President heme thus rcsnon. aihle by the tmsiittttion for the on- upct.of the Executive oflicers, he has, from the constitution also, as a necessary consequence the right' to tttsjci, ' ffTcrHicnux nU(.ouiroi'W of'superintendence is expressly and y vantages of the former, he pro- reneated V recorn sed. on conslitu. tional grounds, in the great debate jn the first Congress, to which I have already referred. I will give a few ? ... f .i s .i ' . ii-.- only, of many similar extracts, in which it will be seen that this rieht of superintendence, as a constitution' : al right, is distinctly and unequivoM cany asserieu. jur. ijauison an:, Is there no danger that an ofiicer, r when he is appointed by the concur-! rence of the Senate, and has friends in that body, nray cfioo'so to risk his estahlisliment on the favor nf that branch, rather than rest it upon the discharge or his duties to the satis faction of the Executive branch, which is constitutionally authorized to inspect and control his conduclr" Mrr-fctwranccylntlie :-. : i '- w-ms r" - ti onrihe heads of D enartments are iQW&dtd;:aif;m the President in the peifoimahce ofjy lu executive duties. He; has- tbe stipertiifcnJexcf , the control, and the Mr. A mesw-The Execytivepow-j crs are delegated," (of course, by the constitution) "to the President, ith a view to have a responsible officer Ui supcrinknd, cpntroUinspecU and 'cnecltiw.jbll.cnn lieYessarny emploved in adminUtcring the laws' t!rrwghcntthesecbatts;iich contemporaneous exposition, as well as from the distinguished abili i . . p . thority of the htgliesT order that Ihe right ot Jhe President to superintend the Executive "' Depai'lmcnts was treated as a right flowing from the fountarn of the constitution itself, aud existing anterior to, and inde pendent of legislative provision. Sir, that this is the true character of tbe right, nothing could more strik ingly show than the form in which the question of the Presidential pow er of -removal was fi nutty settled by the Congress whose debates are here referred to'. In the original shape of the bills for the organization ot the Executive Departments, it was pro vided that such and such' Secretaries' should be appointed, "to he icmova-jpriuciple of our Executive organiza hie by the President." Itwassuggest-ltion that it only can secure the nc cd, however, that a clause of this sort might be considered as implying that the power of removal was granted by the - law. -To preclude such an inference, it was proposed to substitute a mere incidental recog nition of the. power, serving to show that "fhe .-pow er -was coiiidda'cdApre- exi8ting one, derived from the Con stitution and net from the Jaw; and this was done in the section provid ing for cases of vacancy in die head ot - the Depar tinea t, by a siut pie dec laration that "whenever (he princi pal officer shall he removed ffomTof- lice by the President of th United Sfae;sT67iI cy,", the chief clerk shall, during such vacancy, have the charge and custody of - he iecords, '&c. &c. of the Department. The original clause was stricken out, and this incidental recognition of tho power substituted, as will he seen by referenre to the acts constituting the' Executive De partments; and this . was done ex pressly on ; the ground, which-the ianguageirti Bietefltiyiirrportsitfcat tbe power or removal from ouice by the President, was a pre-existing pow er, flawing from the constitution, and hot derived from the law. The power of Superintendence, involved in tha as. wej have aeeii, oii the sunie ground. Sir, I-heg leave now to call the attention of the Senate to an authori ty which, asthat of one of the earliest and most uncompromisiug foes ol tyranny, and the great champion' of popular rights, as he is the acknow ledged founder of the democratic party In this country, cannot fail, I truht, to command the respect of those who, like the honorable ben ator from s Kentucky,' profess to be fighting the battles of liberty on this floor. I allude, of course, to Mr, Jefferson.1 - While no one moreJSxecuUve' 0,, the Bcl,c 01 un" steadily opiiossed the undue accumu-l,nl,on' .'wLCe, ir! ne P'L lation of power in the hands of thej?,P!eJ,P b! 0D;,h"' m ;r vd...,i;v. xt.;.f..t ; ;iiiowD admmistraiion of this high 4iUlce. chief Executive MSibttate, it yvilli , Um novihr ,ftfr hu tcm t0 he wen that no . one more equivo-1lhepresijencr ipNovemher, 1801. ha cally maintained the constituttonar,(iire,ged g-c-,rcoiar t0 the Henda of right ,6f the President Id supcrialciia" Departme nt,"the membera of his'Cabi- and control the 'action of (heExcrn tlve Departments 1 w ill read, air, an extract from i letter addressed by him to M. de Tracy, the author of an able and enlightened comment- ary on the great avoi k oi Jlontes nuieu. He is extiressinr hi differ encc of opinion rroro Executive, dccJarcs g decided pic Executive, uccJarcs a decideik pic; :fcrence ' for the latter, and after up - ceeds to notice the onranlzation nr t- Jl .; vnc oniric jL.Art. uintr num. , "The failure oftho French Direc tory, and from the name cause seems to have authorized a that the form of a plurality, however promising in theory, U impractica- hie," with "men constrtutHl-Uk.tlte nruinnr jinismiia. iiiiiintun- q'uil and steady tenor or our Kngle Executive, during a course of ten- ty-two years i of the most tcmpestii-4 ou is " times the history of the world has ever presented, gives a rational liope that this important problem is at length solved. Aided by the counsels of a cabinet of heads of Departments, originally, four, hut now five, with whom the President coasfitB-iconstiltsrtherSdngly oriaiHggeth 4 t- -T 1 Vt Jk'.iJ'V. er, tie nay me ocnent ot tnrir wts. views one centre,: andrnduces an unity of action and direction in all the branches of the Government. the Executive power has already manifested itself here under very op posite ' circumstances. During the administration of our first PceeruCLt his Cabinet of four tPCftiucrs was uattydtyldclTyt-BJi laarkfdirhwHV teinfci pr rtenally 'ha'-dutiaa f u opposition of principle a3 monarch- which they have appointed oe." ism and republicanism. cotil:l bnng been-a' DirectorTxei''pfS9fttvcr,'itnd lativjUariO opnosins: wills would liavc baiauccu ,fcachthcrArand ,P)o.JtCi!dAtatjLo.f absilute inaction..Jiut'the;"rrcsi dent heard with culmneas the opin ions and reasons of each, decided the course to be pursued, and kept the Government steadily in it, unaf fected by the agitation -The public knew well the dissensions in the Cab-; 4aet,: - but never -had ,an . uucasy thought on their accouut;Jbccauc they knew also lhey! had provided a regulative power, which would keep theniachine itu steady jaovcnieiit,!i This passage, sir, requires no comment. It is evident that Mr, Jefferson considered the po wer of the President to control, and "decide the course to he pursued by each" of the Departments, as "the 'fundamental ccssary "unity of action and direc tion in all the branches or the Exe cutive administration and that, hi short, it is the "regulating power which keeps the whole inHchiiie ui steady movement." In ; a subhe quent part or the same letter, he speaks of "this power of deriHiuii in the TresldenVTiff that-vhichaiikc-j excludes internal dissensions, and repels external intrigues." Mr Clay here inquired of Mr, or after Mr. jeflerspn was, presiilent.'l Mr. I?i( f t ..... - ------ .-- answered, that it wit when he had withdrawn frora'all" the disturbing scenes of public life, nd as a patriot and sage, employed his leisure in meditating tha Ussoosof hit long experience, and recording them for the instruction of posterity, Jut ksl ihe honorable Senator may suppose, (at his question seems to iuiply,ihat--the possession - of power bad given an ear due bias rto the mind of Mr, JtB'erson, (than whom there never lived a man mocethMougUW-imhuedUh-aheotfr love of liberlyThe shall speak for him-, self- la the letter from which I have already qaoted, he uses the lollowiug language; ' r-;.-i'...i. ;."-. ' l am not conscious that my partici pations in Executive authority have produced any bias, in favor ot a sii'gle Executive; because the parts 1 have acted have been in the auuordinate, as well as soperior stations, and btcaune, if-1 kriow myself, what I have felt and what I have wished, 1 know 1 have ne ver beep so wetl pleased as when I could shift power from my own on the shoulders of others; nor have I ever been able to conceive how any rational being could propose happinesijo him self from the exercUe of power oyer others.',' -;,.,'; '.; JliLl-1 i In the letter from which I have. read, we have seen Mr. Jefferson's theory of the constitution- with reg-ard to the wrUUaIft.JanuarrJ8IUaaJ&arr-",-w net, for Ihe purpose of laying down the rulea whith were to govern the Ltucial relatJonsfceteeh r.im Snu those Depart ments.J He begins with repeajirg what was the practice, tq this respect, of General Washington's atlminUtritirn, rl whith he hit! bimsfl! been a mem ber that the several Heads of He part ho them in rrlatUm to' the com Pie i0 them in rrlatUm to' the com ems of their re specti ve tifU.es. whh the an- ajgaiBeation of his appribaiit,n, or ele '"SS' """"" -i ..r might tftink iii?tes$arj-and then pro- eeefls "l$y tins means, be was alsys in accurate toShesion eifall facta and latetli he tormeil a centrl point (or the ihrcrent branches! preserved an unity" (ibis despotic unity aaia, sir, "of nb ject and action imu litem; exerciird thit participation in the qaestion of aluirs which his oluce rruue incumbent on him; and met himself the due le riiiMlnTity'fGf nrraf WbhingTon and Mr, Jeferson lno,'.H seems, were reckless and daring as to meet the re-, spousibility of iheir flices,).f 'ftfr what ever was done. During Mr. Artims' ailministratioii, his long and hltHtusl absencea from the scat v( GuVernment rendered this kind of 'eoinThohTcstion 1 Mezxedivvitl bjjra'frnmTanT sharrtniheiraosstittoH of 1Hiirs,"aKt pttmlftdjittt;. In: fate amenyjoarTnttyrmrnent hftdt " urjw yiPBict.imei iB.iiypottte diiecioa 15 lie then expresses bis intCD''3n ad here to the system, to ,. renct. (if AUUi "inv to t mo- tives are those before, expressed, as gaverr..ns Die erst ail ministration vhalk'nr; oul the rules f their proreed tag; adtlirg Io tl.tnt-etily a sense of the ohlipition iiunosed on me bv the rtublic . Here, nr, we ie ihe interpretation OOMttiitb 4Wnirrthrtr practice.) of the duties and powers of inc ricxiucuiiai cit-iuxg iu tuc Chief Magistrate hiinstlf a lesuonsi- thTExetufira Dparrments-and giving him, by consequence, a rower to super intend, contol, Bi-d.ahaL.eJKe action of those Departments. Io these high contitutiohal models, realizing - the well-ordered unity and responsibility of ft bintrta V VArlillLu ilia) AxttA Ii.ii.f B V 1 anVBftH VlllVl .Masjsjrate baa apughtiQcooforia bit adwiaMrUon,lrather than by indo lence, neglect or shrinking, fruin re; aponsibility, to parcel out ti Gutern ment among five or six iiideprndent Heads of DuparliuciOvihus couvcrting it into a diitordant and pisctitally ti responMblc directory. . . r ":; 'i he honorable Senator., from Ken tucky has also taken exception to the Prcideui's rtfriiire to m rjjiiueof the CoitniutTorr wlifch 3rt Lres "llie Presitlentklull lake care that the laws be liilhfuUy exe.cuiedi'r Ihe l'iriilciit having fftiied to it as giving him ih power to supeiiuieiidaiid dnect -ihe conduct and tipetaiiobs of Hie I'mu live Depart'incuts. Tte honorable Senator vonltrfnU that the hue aid sole opeiatiou of lbl CIaue is in Ui power the President, when l.e Uwaare forcibly resislej, (ovt-rrome that .re sistance by furce. He tsys iliat.he has made; atnr ca u jedt w-be -made, nume rous rearcllelulo7tbecvTielil'pora neoui cont(ocliotis tjfihe Coimtitu tion, tf ttd that heau find nowhere any color for the Pr csiaeniaipterprelatiuo. Novv.'fcir, I must be permitted to asy mai me nooorauie. senator a interpie ...xLti. i i.'i. . a no ascribes to it an operation infinite ly more dangeiuua " and ciieusive. The Piesiilent, air, has no power ol himself, Glider the Conmilu!i;ii,, to exe cute the laws by (uue. This depends upon Cotigress, to whom the power is eiprtssly g'ueir,. to - call forth the nuliiia io execute the laws," &c. It u true the Presideut.by thr Constitution. is Commander in-t iiu f of (he ai my and oay, aim m me miiiua, wiieu called iutu.acxuAtvttiW(r aa sethf he-t mere instrument in Ibe hands of Con- gres, by hIiojb the objtctt and I1"- pot-a rur wiiini ne is tu employ the forces under bit cooiiuaud must -first oe designated. The conxirucliun of the hoiiorablu Senator, then, is one l Idr inure dan gerous lauiude ihsn lliat of the pioi dent. The . tlu io qoeKlioo, sir, can have oo reference to lite exeiulion of the laws by force, which is a matter exclusively under ihe control of Con gress. It,'mut refer ta the faitMul execution ot the lawa by other iiteans-r-oy tut'interveDiioo of o.Ticeis appoint ed for the ' purpose; whoe fidelity In ,the: disthirge -of their dutiamy' be secured Dy ilie' supimendence ol the chief Executive, ollicer yrtie jmnora- Ue Senator luaid, that in the Various researches hehas made,- and catt-ed to be made, hehas found no trace ol ihis construction.. If he . had , taken . the trouble lo turn to the most obviott sorce of inftnmation on the lubject- theproceedin2' ami debatea of , thtf first Congress -on the organization of the i-.xiicutive Depsrfmeuis hit could not have failed to see that thuV clau&e was applet to is thc-seusj and for the porpose which tha President hit' done. 1 -will riot fatigue the Senate by mnlttplying citation! from -a por- lion of our legislative aod constitu tional. hWiorr .vwhich ia, doubtless, familra'r;..te tW.'tnindi'; of, all, but i will " content myself with one or" two brief extracts from speech of 5,1 r.. Midionnro that occasion, an authority WdjJkal&.,A Sena-j1. tor from Ke.n.'ucky entertains,' as all rtjost. the 'highest respect. While dis c u usiivg. the. qut slion of the Preshl e n t V -rmweojfrfma he aayti 5 Hut there is another part of the Con stitution which inclines, n my judg ment, to favor the construction 1 put. . upon: i'; the -Presideot It 'required to take' csre that the laws be faithfully, executed.' If the duty to tee the laws fsitlifdlly executed be required at the hands of the Kxerutive Magistrate, it would .seem that it was generally in tended he should have that species of -, pnwer which is necessary to accomplish"1 that enit." Now, if the officer, when once appointed, ii not to depend upin s the President for his official existence, V bot BptTnr isirrfctdyr I confese I do not see how the President can take rare that ike lawa be faithfully execut etr. r A:ain iq tr,e same speech, he says ' -' I com eie that the 1'm'nleot ia suf- , GcicnUy.actouatabletotlie community; th ' and if this ptwer it vetted in him,' it ' .. . ,h esH-; wl?ere .Its eatare rrfitf qufrts it Viould be vetted; if any thing t its nature n -execuuve, ii muss flj rcv-CL which It emplnyedjn tu-nerirttetMli-i.'.ncj lechtz that the laws re tdi.l.fuliv executed: the laws cannot - .. , ' ' ' a, 1 UtMsxeculed bu L.b officer. ppj;tt(l format purpose; therefore, those who ace over such olSceif naturally posters the ..executive power." it is obvious thenihat Mr Madison viewed that cieuc in 4helgnt inwliieh- U has- been referred T to tv the President: that the - fsrif(rirMcutun-oLtIeJiwt ct-mnnf tod t'ij hi iu ?s to L effected by cf- 6j:e.riimfljiiUdtJlb.t PriM.e,w. b? a " power f aunerintendence and control bver . them on the . part -the Chief Magistrate, who waa made . tpecrsity ' irged-with - the. duty -seeing th Jaws faithfully executed. VT-' I will now, Mr, Pretidefit, advert te . an argument of the Honorable Senator frorar KeiTtffck y whichri rcoBfess, ttmck me witfi particular ." aurpiite. In order to lustain "his position thst the Constitatioo had but giveo the Preai -dent a jpower ,cf superintendence and control overi the Kxecntive Depart- " -ment!, he -teutcrded that ia certain i .,' catei, the Heads of those Departments were responsible to, aod compellable o ' ' act by, the Courts of Justice; and ' in ' support of iliit, piiociple, he relied on , the decision or the . supreme Court io " the cw6 c-f Mai bury, and Madisnnan ' extracted whit h he read to the Senate."-"""" ' " I was the mote surprised, sir, - at the - V doctrine ; and the , autlmiity coining limn me i.oi.vraoie. senator .oi Ken- ' lucky, berause he profesiet an adhrsion to the ctred of the reputltvan party of . that day; aod yetitmty beconfidentlT affinned that there never wat a ileci- ' tion ol that tribunal , which cave mora dissatislscthni to. the republican party Wiau tuat. cm, ana etpecially to the great chitl ami leader of the parly, ' who h.i recoroed in Various parts of . ln Willing tifmiie,lfOtst&.i;iierget ic cundemnatiuu ol it. With &1I the de- ference I entertain for that exalted tii. bunal, I munt sav that the doctiicea of . Maihary na Msdison appear to roe AlljA!lI'AiaaWf..;.iad'sochl- be. . J.. Itm. WHvldjttf.jhj.udttgDUfallpsr- Ve rir!:-Jt!;' .!!.-. y7-;I.ae.'o.enatei il.idubii stancet' f c esell Mr. Adams, on k . the eve of r.a;t;ir.2 the Presideocv. had appointed, vs iiii the concurrence of the " Sentte, tun tiiius ofTueisj and among others, cetiaiu Jasticcs of die Peace for : tliii ctutricc. 1 heir commissions had ucen..l'g'd by him, and the Seal . of Mate, peibapa,' allixed to them; but they ...had not been de!iered ,to the parties, when Mr. Jefferson came into office. , Mi; Jrlyiin fi id the DpiTf liner. of ' S a Tr, wbf ft he succeeded to the Presidency, and con- tideriug Cthappbintmeoia ; either a ' iiiiproiicr jfn ' tiiemselvet, or Impron- . crty uude,a'd ' that commissions. like deeds, wrre Incomplete and revo cable "tnrdcJiverytldermiued ' t w itbmiht , ihemitT: 1 he parties -applied io the fupieoi Court fur a mandamus, directed k Mr; Madison, Jhcn Secre-. 1 tary of S'ie, o coinpet the delivery of tho comndsiiofts. The Court deci-- led that, jhuoh , they hsd Dojurisdie- ' tion j grant a mandamus in thecate, -. i 'nt Ceil;'; embraced among those ca- . ! ofoniiil jurisdiction committed . to theut) yet tnst the pnies had ec quired,by, t'eJi!ioj'lig1 siid sealirgof the remniisnooi, witiiut ueiivery, an . ; sbsolare and ligaUrii,ht to thentiice? In question,, which ..might be enforced 4 . against an independent pepartment of s the U'lveroment la juiiuml tribunal. , I must, leave n to fllr, J ll- ru n, in his awn strong language and with a reatonirig whtrii appears to me trresist ; ible, to show the fundamental and Un gerout errors ff this decision, now re- . lied on by thtf Honorable Senator from4 Kentucky,; In a letter addressed ' to Jlr; Hay, .'Attorney of "the United " iv'.