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110.19 ZXALBIGn, II. 0. TLLUILDDAY, LXATT 1, X034 Worth Carolina mic GazeUt, ' T reaUsa,.wai.Tf ' LAWRESCg & LEMAiV" ' "' '.-. TERMS. ' ' - Suie, who may flir to becou aubaeribera, - :n Li Awtiired to lT the whole - .'mount of the b,"l? W inserted three limn ,ur "'" ""'- tr.fiv.wnu for rch eontiouMwe. - . , ' LarrwU the Kilhnr murt b post-paid. SUPREME COURT. Jx0. D. Hoke v. Lawsos IIenjdRrso. -(Optmon of the Court concluded.) These are the general principle that lead the courts to the concluaion4that the act of assembly is invalid. In opposition to" them, several argu ments have been urged, which the court has anxiously considered,, but without a change of opinion. ' It was principally urged, that,-what-ever may be the rule of common law, yet in this country and under our re publican institutions, public offices can- not be ad mitted to be private "property but the offices must be fegjtrded as civ ated solely for the public use, and therefore S subjerttirabolition when required by the. general interest, of "wiiichiHeiegl 'tiavsfe.""This: argument was illustrated irirfrthedi log officers for its execution, once fixed would be unchangeably permanent: 4te-at0Tdity ofvwkicbaJriatlsJ insisted tsnand proved-by the variousili rW&nireA in our iudiciary system i which t" have all been acquiesced in, without a erupts of their constiitttiodaHty;"'1-1; The court doe not perceive the least reason to doubt the validity of any one of those laws nor to question any part of the propositions, stated by the coun jei, except, that offices cannot be the ".iubjScTs'pi'p edlriie-creation of-an-officis.a quesJrfuVt gnefally f out It is Bo-fr4ua-. -tie -f-pulitical expediency s,Q.jsthe . qualification of . the officer; and so are his "duties, -"perquisites, -punishment, office. - Bv conseauence. they are the subjects of legislative regulation. And as the creation, so is the continuance of the office, a question of sound dis cretion in the legislature of which a court cannot . question the exercise. If the legislature increase - his duties and responsibilities, or diminish his e moluments, he must submit; except in those cases in which the constitution - itself baa declared the duty and fixed the compensation because, in the na ture of things, those are the subjects of such regulations as the general wel fare may from time to time dictate, and Ithe office must therefore have been con ferred andHicceppuTJubjecTto-stich regulation, ilie legislatures charged itkthejdnfy; ofuring the rights of suitors, and of all persons wno nave theirbusinesa done only by the clerks: gainst loss, through the person thus nnwited bv the law, as well as with iheBtTofsecurinea reasonable com oensutioo to the officer for his time and labor. It is competent, therefore, to call for lara official bonds and to in crease or diminish the fees; for all that . concerns the Intercut oj ' tlu community at lame. So also it is yielded, for the like reasons, that the office itself, when it ceases to be reaviired for the benefit tofSie peoray be abolc There is nooougaiiOB o.n iite ;xiiauHci people to keep op a useless , afficc or 4kes the office with the -tac'it andcr J- stand hi j:, that theexiMenee f tte fr Tlfice depends on the public neeessit j tor Tt : and ffiiTiEtiF afiflis togtsIiStUlirlrto IttdgeT .of that. , . TSTiBut wliile tliese postulate jare.on ceded, tlie conclusions drawn from tliem cannot be. admitted. Tliey are, , that there cannot be pri vate property in -public uflkes and it there DC, that the .1 iOilcttr ' njay . be dischacsed at the dis- , (Cwtfon of. ,tfce legislature. Neither of .these propositions is believed to be cor- considered at large aod to what has , .been aid may be added tlie provisions n odr own cs64kutioB guaranteeing adequate salariea . to certiun .officers, " nd decIaring7fii0TnoJ peraon" idiall fcold more, than one' lucrative office at one time, ibe latter by no taeana " follows from tlie premises. " It may be qite competent to abolish an office Mia true, that the property or the ora ftt is thereby, of nsceshity, lost. Yet Jt is quite a different proposition, ihat Jthou2h tbe-ttffie be continuedthe " Officer may be discharged at pleasBfe, nu on omce given to. Another. I he -office may be abolished, because the le gislature esteem it unnecessary. . The common weal Is promoted iaf that law at least, it is the apparent object, and must be deemed to be the real one. tBut while .ie office remains," it is not poasibla that the public interest can be concerned, in the question, who per forms the services incident tn it. Th )le con. .em of the community is, that ,they hould be performed, and well performed by some body. That they would be done by one particular per qn more tlian by another U not, there fore, a mattery! ' eipediencyy , in anjr sense and hence it cannot be the sub ject ot legislation, that one man, whe bar the faith of the public pledged to Uimthat be, should have the employ ment for a certain term, and who has upon that faith entered upon the em ployment and faithfully executed it, should be Lficped of JtiA4.uppnJt?' ed By another man, who is to do and can do the community no otlier services than those already m a course of per formance by "the former. It is true,' that a clerk, like all other officers, is a public servant: but he has also private interest. He is not merely a ...... . , .... , . ifi" I . . Cypuc serran e were7 and had - no ioterett- of .Ink own, he might be discharged at plea sure. The distinction, in principle, between agencies of the two kinds, is obvious. . The one is for the public use exclusively, and is often neither lucrative nor honorary, but is onerous. To be deprived of such an office is of ten a relief, and never can be an inju ry. The "Other is for the public ser vice .conjointly with a benent to the of ficer. ., To be deprived in this last case is a loss to the officer. If it arise by the destruction of the office, it is a loss without an injury, because the right of tnei&meeris BecessarilylependentBp on the existence of the office, as an es tablishment in the political economy of the country,. Cut $ it arises trom the tranafeJLoijheeriiolumenti, the loss then-becomes annjnryj Tjecause that Much Jbewngs.p -AB.LJU)anA..vM alig. iiot simpW of ideal biit of real TaJue, is taken from him and given to another. The distinction which I am e'ndeavor- ingto express atittrx plain, mey be f ul4 d-hy the dincrence bc-A tween the public agency exercised in appointing a clerk and that exercised in discharging the duties of a clerk. By the law, the judges of the superior courts, and the justices of the county courts, were authorised to appoint the clerks of their resjjectiyetouits. .That power is an office in the extended sense tii9iA.vSm&is0. It wi(7rdn ty to be peiform?d exclusively for the puoiic convenience ana wun reierence diat,eor remote, to the judges or jus tices as individuals; who were requir ed, by oath, not to make any private advantage from it, but to give their voice for the appointment of only such persons as appeared to them to be suf- ncieniiy quauueu, ana 10 aomai wun- out reward br the hope of it, or any private: miitrFeJfthateverL. The court were in this respect, not exercising a judicial function, nor serving lor emol ument, but were the mere ministers ot the law, and naked agents of the body politic to effect an end purely public. Such political agents the legislature can discharge, whenever it appears to them that tlu-'ecdcau be bcUcr eJTe.cled through other agents. But when the country has through those agents ap pointed a person to tlie office of clerk; though he is also a servant of the pub lic, yet he is something more than a naked, uninterested, political instru ment For the term for which the law assures the office to him, he claims and can claim to continue to be the agent of the public to discharge the duties of that place, while there are, duties remaining to be.dischaiged, and he is ready and willing to perform them. Nor is there any thing in our constitu tion, tJie form or nature of uurrovern- ment;,tdaa right. There is no reason why a pub lic oince should not be given during good behavior. " The services are what concern the country; and they may be expected to te best done by those whose knowledge of then, from time and perienCTnsm Some offices can, under the constitu tion,; be granted of ..conferred ' for no other leiroi' '".tlVt 6PJ'gf KfaVToinr Such is the provision respecting the office of a judjre and justice of the peace. Certainly that is not intro duced solely for the benefit of tite per sons" holding those bffices.Tmt upou the great public consideration, that he who is to decide controversies between the poweriui and the poor, and especially between the government and an indi vidual, should be independent, in the tenure of his office, of all control and influence eTwhich'lnrghtlmpair hiiirnT partiality whether such control be essayed' throuzh the-froWns of a bad man or- tlirough the adulation of an art ful one, or such influence be produced by the threats of the government to visit ooneonformity to their will, by de priving htm of office or tendering it no longer- iaeanf velihoodZFor these reasons the constitution Has fixed the tenure of the judicial office to be (hiring good behavior. The people have said that the liberty and safety of the citizen req aired that It should not be held, upon any other tenure. It is clear, therefore, that our ancestors did not entertain the notion that such a te nure was bot consistent with our insti tutions generally. It is true, fhat it does not put clerks- opon the same ba sis. There was not the same reason for it The. public interest did not require that uy law should be .laid down to the legislature as to the tenure of these offices; but it was left to their discretion, as expediency migkt from time to time require it to be altered It-was, therefore, in the power of the legislature to, confer such, offices for life, or 'during good behavior, or during pleasure, or tor any term or years, de terminable with life at an earlier day. For an absolute term of years it could the oaicer, it would in that case go to his executor, which would be inadinis sible.'since the office concerns the ad ministration of Justice, and an incom petent person might be introduced in to iU It however pleased the legisla ture to make the tenure during good be havior. Vhn they did so, it was quite wifhMZbIjcbmjiiteni subsequently. But such alterations must operate prospectively and as re gulations for future appointments and future enjoyment. As to those to Wjhom the grant was made. for life, an estate, a property vested; which cannot be divested without default or crime. This course of reasoning in some degree anticipates some other argu ments urged for the plaintiff; which however it may be more becoming, to state distinctly and consider particu larly. It is said, that as the tenure was ne- warily at the wilt of tber legvslat&rei. he w ho took the office received it sub ject to such alterations of tenure, as well as of duties and emoluments, as the legislature might prescribe: And thditietio!ite fm Judical ofiice.as bein&cpnstuuon-T: aland tinaltcrabtc and tftat of KHiml as being statuary and therefore altera- bl was srnn?lv ure-ed. the atguoiejitjdjeifro!ri jtA'bel constitution restrains the legislature from appointing a jodge onustise of the'peace, except" durinat'goodbeha4' vior. It does not restra Sicra in re spect to a clerk; but allows that office to be given for a-4ongerr-a shorter term 'as may be most expedint :The quels' tlori i is, " who t "i s the cTec it of a 5 rant fur a- particular - period? -Can iw-ifri&ftjwi "fag to theTrHttdtceof-a gTiarantee?- -We" uuna not; uecause ne acquires a pro perty. That it may be lessened Pre ference to newanwintments cannot be contested but that it can, in respect to ex sung ones, involves the proposi tions already discussed, that an office is not the subject of private property and that prjyaieproperty may be seis ed without judicial sentence ande ven without compensation." " This pro perty docs not differ from that in o ther subjects, as far as it is allowed at all. In lands there may be estates in fee, f.r life, or for years. The legis lature may grants the publLCldomain in any of those estates; out if it pleafcc them once to grant it, the grant is irre vocable and the estate cannot be resu med. It becomes the land of. a citi - zenand cannot be takenJhmhim.by a law, without the action of, his peers as a jury to pass on the facts, and of a court to determine the title.- "It is fur ther said, that the distinction "between these offices as derived from the con slilution and a statute, is exhibited in tlie power to alter the compensation, 1 hat the clerk must be considered as holding office at the will of the legisla ture, while the fees depend entirelyon . 1 : . 1 . iiieir pleasure; wnereas a juage, wno holds -his office independent of that will, is necessarily entitled to bis sa lary, as stipulated to be paid to him. Upon ; lhi iatter proposition, a person tn my situation cannot be expected to express, ana cannot propeny express an opinion. Jiut taking: it to be true, it noes not establish tlie point to winch it is adduced. ,If it be true, it arises a? an incident to the independent te oure ot the judicial oinee fixed 18 the view in respect to a clerical office. All that is intended is, that the legislature shall allow such fees as are adequate to the livelihood ot the cleric and as a compensation for his labor. It is sup posed that a sense of justice will ever influence the legislature to do this, and if not, that the public interest witf. For this argument assumes that the of fice is still necessary to the public con venience and continues, by law, to ex ist. Without a competent officer with a competent livelihood, the office must be unfilled, except by compulsion, and iroccupiednhs duties wiftbe unpef-" formed. rNo danger, -therefore, could , have been apprehended, that the legis lation on this subject would be unjust to tue officer who, in tlie line ot his official duty, can never be called to do an acttlrhich will render him obnoxious to the government or the men of power of Jikday.NQt.wa8 the d angei jnorj? Ho be expected, that the public interest would suiter by the legislature not pro viding proper and sufficient offices, in which the business ot the citizens might be. transacted, aod if such inconve nience should at any time arise, it could be only temporary and would be redressed upon another election of representatives- The analogy between those offices in this respect, does not therefore exist, as supposed; and it mav well be that the legislature can regulate the emoluments and prescribe .. -i i i-i r ji.- the OUueS ., auM . JUiiiBiiuicuia ui uir clerk, without possessinz the power of deorivirshim of office, merely for the sake of t enefifag another person.' ,? ' Nor do those powers nor that of a bolishing the office altogether, which., are readily conceded to the legislature, involve the furtherlone of depriving the omcerot his ollice, while it conu-,tlie cogaizance and control of the ju nues. It has been urged, that it is diciary. When such an abuse shall vain and futile for the court not to ex-. occur, it will devolve on. the people ecuta-fthialaw and to ophotd Mr. Hmdertoivt title, because i( the le gislature be determined in their pur- pose, uiey can ue sttu more uniust oy destroying the office itself or tuking a - way the lees. : - There are several answers to thai argument, l he abolition oi the oiiice depends upon the necessity for it in fMiipM people: n useiui, oouutiess it wui ue preserved; and if it be not, private half of the power to discharge an ofn interest must yield to general conve- cer assumes tlie right of the officer . to nience. But admitting it to be neccs-- divTiaren himself i and. in that point stry, and that Mr. Hmdtnon. is cousti- tutionally entitled to it durine his stood t . ..I ? ; ; . a j i . . uvna-vior, ti is noi iii (ipituu, uur apprehended it cannot be imputed to the If gislature, that it will.'or the in- direct purpo$e of expelling Aim vy ar- ration, render the office more onerous without adequate " compeU!ation, or take away the compensation altogether while the duties remain as they are. Usach &fewsweritQ. w woiitd itscu itc gutuusiuuiiimai ni uvui couiinon notion mat to resign isjt mai the object If the purpose were de- terof right But it is otherwise. The clared in the law in such terms, that public has a right to the services of all the court could say that the act. was tlie citizens and may demand them in pasM&vtHm-.4iihertl department a in the pvilitary :...r i .:: 1 .t... u. wuld:flirn-empos--oi which we are 'iliSW olKliiVBnirut if titelaw should be couchedn"teuef&trolfices; as the act of 1741. which in- tenns, so' that the court, which cannot flicts a penalty on oneappointed a con enquw rin4 motive5 could not see jhat the actlmd jjorMB-qualilVi thfejtfl f 1 rrliich-;um ?gjB blic in any other consideration but public expediency, and therclore would te obiiged to execute it as a law -till- it would not, in reality, be the less un- constitutional, although the court could ing certain militia officers front re pot pronounce it so.. ItwoulJ be law, nigning under five years; and the like, cot because it. was constitutional, but Everyman, is obliged, upon a'creneral because the court cOT cixaracier, ana.mmiore couiu. not ee thatitwasunconstitutional. It would "But -byrgtitTO.Ta--H iy;nui it wouia nencia fo,iw;cau!e we, snouia ue oDiitceii u return ii as noi 1ily1nnWc18 meuv is iitereiore unsounu in tins: uui it supposes .what cannot be admitted even as'a supposition) the. legislafute ,:n .1...: i i .:ir..ii win uroiguruiT aim ntuiiiiT fiuiaic the constitution, .n utter disregard of their oaths and duty. To do.induect- ly, in tlie abused exercise of en ac - knowiedged power not tive pervet ted to tliat purpose, that which u 1 expressly forbidden to be done direct-; iy,4 a gross and wickcd-icfractiott uk .1. . . j .1. 1 I me contiutuuoD; ana tne more so, ue- cause the means resorted tj deprive! the injured person and are designed to: law prescribed, to serve' in office, e deprive him of all redress, by prevent-iven aeainst his will. I have mention. iugJheJiueatUm beeoiaii-tbVuW ..r :...i:..ri . t..i :.. v juuibiai tii:ui.m:i;c. . ui uiui is .1 1 j . r .1 ..... , m) me oniyxesioi itteconstnuiionaiu - ty of an act of the 4ipIatQ7whci - are many laws palpably unconstitution - I which never can be the subjects of legaj controversies. Not to allude to tne causes wuicn nave recently oeenj the themes of the bitterest political j controversies, several . instances of much simplicity may be adduced from our own state government. The con stitution of- this state provides that the Governor, Judges, Attorney' General, Treasurer, and other officers, shall be elected by the General Assembly by ballot, and that certain 'of - them siiail have adequate-salaries during their continuance in office." Suppose the le gislature to rduse to elect those oEi- ccrs, or to give them salaries! or, after assigning them salaries in a statute; to reluse to lay taxes or to collect a reve nue, to MjjtbfinuAll iheseould.be plain breaches of constitutional ,luty; and yet a qurt could give bo remedy, but it mugect4o. .the action' of , the citizens at large to change unfaithful for more faithful representatives. Vet no one will say, that the legislature can by law remove the Governor or a udge or any-othef bead f -depail-. ment, because thcy.can unconstitution ally refuse to provide salariesfor them; and the courts cannot compel the rais ing of such salaries. Nt r can it be said, because there cannot be such com pulsion, that therefore the law is con- stiluTionatr7!!-! cah-TsaTd'is7 that such is the imperfection of all hu man institutions, that it is not possible to anticipate and provide . against all vices of the heart more than all error of the head; and that, after every pre caution, much reliance must be placed in the integrity of our fellow men, and that such confidence is liable to be abuseil. ; Bu t X think irmay safely be assumed, as is done in the constitu tion, with all the responsibilities of the egislative representatives to their con- stituents under frequent elections, with all the clear declarations of the rights of the cititen in that instrument, with the divisioo of the powers of govprn - ment made in it, whence arise the pow- ers and the duty of the judiciary to as- certain the conformity of a statute with general law really passed for the pur the constitution: that.-with all these pose of abolishing useless offices, as a guards against abuse, the danger of a r!.:i?..t - i t ......i.t:nn Wltlut biiu ucwiku iioimvivu, is inin uui umi uij laiKiui, 11 iiic uuicri ore to be. apprehended. Tro fgmentsr and the officer is deprived ofhis therefore, in favor of the necessity ofonertYtherein. without default and executing particular act, apparent inconsistent with the constitution, can be drawn from any supposed ability of 1 me. legislature., to i!Vc t the aame end by indirect means, which are beyond thmes torrTectit and ntrt-on us, ; ai a portion of their subordinate asents. j I haxe omitted to consider in its pro per place, another objection made by ; the counsel f,r the- d?CenUpt, and niasr - thererbT - .iioir take noriceof -tt. It hat been said, that the obligation to continue in ofuce ought to be mutual, to be complete, an j that such Is not the pie.?ure resigK lwargumentonbe- differs entirely from the law. as Jt stands, in the conception of the court- a . a. . . ..... An ouicer may cenainiy resign; oui without acceptance his resignation is nothing and he remains in office. It is not true, that an office is held at the will of either party .v It is held at the will of both. Generally, rcsiimations are accepted; and that has been so much a matter of course with respect to Ju- raU .1 . . . on our statute book "several acts to comnel men to Hervisii. - q,Ualifyi - thfeJlf,t 'of 1 j rluchom4nhiA torn bi'htrto t.lnuwft in nur bii pels a sheriff to serve at least one year;or,, th !(fh erme f ,,linf ; pels a ttherilf to serve at least one year; the various acts utrectinz the acnoint- ment and services of oversetr of the roads; and the recent statutes restrain- .uiat;narceaufi eontinuss tn office, and hecaKiiot lay pi'M''', ftr those to satsned that the oince is ma proper suxe to De leu and the officer ois- stncuy mutual; ana neither party can forcibly violate it If indeed the pub- lie change the emoluments of office, it n. .. , .t .1 . . 19 miiiiner tiuentum, wneincr mat oe not an implied permission for the . offi cer to retire at his election, unless the cor.trary be provided in the law: For has the perfect . poweriL it choose arbitraritv to exercise it. of comiwllini? not indeed a Mrticular-mandesig-1 . . T . . - 0 naieu in a statute oy namef but any citizen clecttd or appointed, as by i n ; . . . 1 .. 1 I auu lucre i uu reason wny, maxitlK uue .. i . compensattoni it may"Tiot le done as toaUeeikl Irae-tbai'.itMflftid jin the law books that " non-user of an office is a forfeiture of it; and that is ! spoken of as a penalty and punishment in. itseli. Hut ttisnot the only pun ishmeut; and is a punishment only w hen the office in itself valuable.- Such a forfeiture ditcs not discharge the officer, but i at Uo.' flection of the sovereign; for that would - be to say, that an onerous office could not be con frrred. The officer may be punished py removal lor nnn-usur, as a toiTei turey Wh- 'ina'y lie: It rnt ia:: officeahd punished personally,-riflon-user as a crime.-'' ---.i.w'.s 4,Z. '-' ""Itisiiistly said, that if can be ho in" jury to remove an officer; because the salary is taken to be but a just compen sation for his tine and lbor, and when tlia7 pttblic daliut takealie 4aUrr;4he officer can have no demand for them. This position is rather artful than a .aoMrf to the officer is left the command of his own time and the application of his own labor and the fruits ot it llutitis not true, that he doe not suffer by beine deprived. Of what is he " deprived? Of aaZeiiiproTmenthe souice or: liisji Veltliood; the prepara-J tion lor whicii has been the great - bu siness, it may be, ef his life, to which he has served a Ion? apprenticeship, - m - l - k ' '.' T and wbicMejasjdcyjote abandoning other '-ncsof life or other roads to tortune which were once open, to his free choice. ' True, he is free td work atother employments; but he is fit for none; he knows but this. litis in the situation of one bred to the agri culture of oticountry, to whom tlie le gislature should say, Till the ground n more go and spin silk or weave musnnnaWr isnoflhesabjectljf conscription; but ha hangs a burden on himself, because tlie only employ ment to whirn be it competent is de pied him. ' The loss is therefore unde iniable. Tlie only question is, wheth -er it be such an one as the ' , legislature canrighfully inflict We think, as already stated, that tier niay, if it be merely tlie'ncideBtal consequence of a species of governmental institution. tt... .t.. - t :r-ii. rr .. without trial, far th single aod aola'wbite, wukioa, Wrijbt, a purpose of giving it to another,' . It became the court to consider this subject dispassionately 'n all its bear- ingi. We have done so, without a de sire to swerve to either side from the direct line of the law and the constitu tion, but with the utmost respect for the opinions andflnteutiBni" ;or"ihoseT from whom , we - differ. But - having reached the conclusion we have, upon which po member of the court doubts, we are obliged to pronounce it it a d uy not to be. evaded 1 and,i being, a known duty, we do so wuhout reluc- tance, in support of the rieht of tlie citizen and of the" inviolability of the fundamental law of the land. Tin. jutlaiAewt ;- the--superior-court must therefore be affirmed. -a rta curiwJudomkkt irrmixo. PRESIDENTS PROTEST, - fTrnmined to th 5vnM. on th. 17th AnrJ 1 Tt tht Smafr fth9 Unit et Stater. , , U.pperby the pblihed iourual of tha Senate, thst on ih 2(iih of December laal. & retoliKion offered by member of the Senate, which, after protracted debate, - wii tut the twentjreijjht dy of Urch . modifie.l by the mover, and n,,ed bv tli. . ote of twenty Senators out of forty , no were present and vottd.iii the followior WONl,.i.. r ::.? -.j;-. . -fatrtvid. Thi lhevf rekloBt.i tb. Ia - Eiiiiufire' proof .ifin-ii i'n' rclMiim to the nuhli. rvrcaiie. h ,imril upon himxif authority and P5r JMH eonferi' by the ooiiitutioa eud law, Imt in Jcroatioii of both.' '. . ftsiotf had the honor, through the Volun tary nrflrasrMi of the American neon !e. tn fill 1 the:oft nf feddeitt nfthriultf d Sutea duriiijc th period which may be preaumed, rfcwtwwnTtfrerMd Wln.ihfe restituiiw, iH W"eScientT--Tideitr-thatthe wimtrit- Inflicts- wu intended for myarlf. . H i;hoot B0,i?j M,nhiaH end n-itried. thu ,ncj tnj-,J.r ietf chirked 'oifth'caa,'?itKi Senait . It ean aeldom be neceftui v for anv Denuri-' . , ment of the ' Goveromeu, when aiailed In ronveraatioA or debate, or by the riotures of theprcMor of poptdjraasembliea.toatcp out of ha ordinary path for the pittpose of rinflicatin? iia conduct, of of D'lliitinr out any irre jrolariiy or iojuttic In the manner 4 of ihe attaclt.'s o when threMerEfeeuti 1 MaisUiite U.. by one of th tenat imporuiit -v- bfaachea of the oernnent, iniii efficial eaparity,-n e-pubPe itianfie and"ty Iti" ' ffSBnlcd,,scjate eompeient authority e jhM enuer dVciarel ".""" Ijuiltjr of a breach of the Us and conaiHu- - , tion, it U doe to hU ttation, to public opinion '-. -r " aawleftraTsiiswsy'wtftia thus denounced should prcmpily expose the wronf which ha been done. , . s I", the preaent case, moreover.' tiere Is ' ' eea strontjer neecaiity for aorh a vindica. ".. tion. By an taprrta piviwon of the eomnk. ution, before the Hrt-t dtnl of the United - . - States can enter on the e&ecotion of hia office, he ia required to take an oath r'afllm - mation in the fullowins; Wot -iii---v-'rr;7 ; . . I do autemaly tutor (w ffln thrt t wilt -t - ' btlthfulty execute the riffic. of ('rttiiWt of I'm " UnkH Hiatea, m1 wilt, tortio fcrt of my ebili." . ty, prearnre, nrot.i, aJ drtend the cvuMitu- . tkm -of Vie -United tatea, t-i- V ' j'7 The doty of d. fendir,eV to fr at in him . -, a V- lie, the inleg-rity of the conaiiiution, would indeed hv rettihed from the Very taturw of I.U oliiw but bv'hua nprrin)f it in the t - UMlk-int nt H,M" lulljw 1.n.'jtn renc.ect, Oillers trom that .of every other i funotionary, the fsunder ef our itefmblia , hire atteated their senae of Iu importance, and hae Rien to it a pecoliur aolemni'y ami - fori..''lSoiind"1or'tfi( performance cpttiU"3"" duty by the oath have takrn, by the ironjrrat oblijraiiona of jrratitude t the American people, and by the da which unlip V my every e.rtl.ly iutereat with the w elfjra and tlory of my country and perfeey con i viocrd ihatthe dincuwion and paeaage of lh''. abov.nientionrd reaoludon were not only i iinauthoriaed by the - vonatimtion, fcut in many retpcrta repoirnant to its rreiionr - and subiei ie of the r'glt 'secured by it ."" to other eo ordinate departments, I deimU an imperative duty to maintain the aunremaw cy of that aaert-d nihtrument, and the imniu- " un c, vi ui. uciarimeiH iniruaira to my ear. M alt mesne ommtrat with my own . lawful powers wi'h the riliiaof others, and with the eetilua of wir eivd intiiutiohi."'T'''"'r this end, I have caued thia, my nlemn prr itti aga'hit the aforeaaid proceeding,1 to ba'.i :! placed on the files of the Eiecotive Depart mcni, bo ir!iiumcu iu ine senate, It ia alike due loth subtect. the 8naft. and the feople, that the vinwa which 1 bv " taken of. the proMtliiig referred to, ant hieh compel me to reirard them in thi! . lijtht that ha been mentionrdi should be eshibited at length, and with the freedom s ? ; ami rnioea which are rtou'tred by o ooj:t cation fco iuprecedente'.l and pectiliar. ' '"i- UiMlerthe coniitu(ion vt the United State, " y the powers anj f mciioftf of tb various de - "rr partmente of the FJcral Government, and ; their reaponsihilitiea for violation or nrglcct . J of doty, are clearly defiued or result by e eesary inference. The Legislative power, auhjoAt to the qohfid utgWMtwho-rn-. ident, i tca'ed in the Conjrreaaofthe Uiilr." t E ed Spates, cpmpoatd of the Senate and , IIoumi of Hrpreacntative. The Executive power ia veated esclusively in the Preaideut, ewep that-th-enclio of treatea -and ' in certain appoiatuirnta to offic. he ia to act with He a.lvice and cansent of the Senate, The Judicial power is vtated eicltuivcly .in the Supreme and other Courts of the Unit rd Stalve, etcept i& eea iropeachmeot. for which puipoae the accoaatory power is vested in the House of Repretemaiivet, and , dial of . Iiewii.(f - and determining, in the : Senate. : Hut although for the special pur . poses which have b'en. mentioned, there ia ait occinnal mtermiature of the powers of the difl'ereot deparimenia, yet with these e " crptiona, each tf th three great department ia independent of the others ia R sphere of aciionv aod when it deviates from thai (Miere. U not reapousibls to tb other, fur- - thcr than it ia eapreasly made m in the eon t nut ion. Ia every oiher respect, each or them is the coequal of the other two, and all are the tenant of the American People, .-yo Meatra. Hihb, ftlaek, Calhonn, Clay, Clayton, Rwme;, Frelinjhnjten, Kent, Knlit, Leigh, Manfua, Naiiiluiu, Hoindi'iter, Pots, ter, i'rentU. Preaton, Hubbiut, Stlkbee, Smith; Soutbarc, irt;ue, 'lt, louiliiiuu, lyler. WRiramao, Webater, t.- , ; ,V',ii, Vli'ir Bentim. Drown. Fonvth. Croudr, Headrickv, Hill. Kanr, Kiwg.of Ala., KhhT, of Ga., Linn, MKn. Mooic, Morria, Hohblftten, bheplpy, lallmailj, 1 iptou,
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 1, 1834, edition 1
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