w . w . - ....... .... , , luf f r , .
UNIOV. THE C08TIT0TI0N, AND THE LAWS-T IE GO ARDIANS OF OUR LI BERTY.
Vol. XVIII.
FUIDAY, HAY 20, 137.
Io. 71.
Lrllrr Oram ilie Kfcrefarjr
The following kuerrom the rer
r .1 Titiirr wintjin th answer
jV HI Uic .- -
y the New -York committee in relation
w tie suspension of ui on custom
Jhujc honds. l "Mn the
.Juhjencc proposed is very limited.
Treur Departm,, I
Ma)6lb. I $.7.
$.;! have -teen directed by the
frrsttieal l to VOIieu owin mi r-t.inou
tt,t ia you the view of this Dep.r.
,,t ia relation w the request, reee !jp
on! to him ly a committee appoint! it
Wpeeahle meeting held in the city of
JV York. The rcqueal wa. " that in-
.' S'"rn lwnt
..iiuitnif of ui in any of the ml-
n-ii a d.'tnet upon unp.u4 bona ontil j
jlr U;c fiiatdar of January next. I
V. evrry di,iuo on the part of J
jiir :!i!eit an I t'os Department to gra- I
1. - al.- .... . .....
tit if www i Mrrcnm- ji.i'.n
. I ...... - .1 ...i:
. , . tn a'ievuw at r at piible the
j which exiia iti iheir pecuniary
sf it i to he regrciuod, tiiat ins-trtic.
ti !.i t he given fr pimricd
. -.t. rtu in so g'-mral a tuauuer,
i Vj-aftir freni Imp rsu lohrd
. . i r,i MCtiven:eiice to the
. . (ti a i l ih I rraaury. 2
an in wi me j vi i
V .-."1, 17iiJ. it i proviJfd. ihat ".where j
y , hvA (t the 4Vit.mi of l.itie, lnll
i( i .ti5l on the day it may lnm j
J ihf collector ha,l fonhwi ii an ! I
n i " dflay, esue proeui'i i be J
o.n -:iv Jfw the r.tery if the wii i
n.( ;hrrrn. by a'tno r auil si Uw '
auihoriti or discretionary pwr f
, i',ru'cJ eipresaly to the I'reaideut
yr Mil irpti wen. i uin-iit? wi(i iiiiv i
.1 J- . ... .1 i ... . . a.a.1. al.l- 1
:-;ritite directio'i, eei tty ! tgrfs j
v t t'onectora f tl ' u-t"'!.. II e I
I '! prvetiee ha bi'i ip(MH"rd In t i'
t the existence or the eirrc e of ny
if i luth inty. except n (nn;res, to
'! ilay in the payuiiitoi sneh bou,1,
ri'i il l er an acion ia inxituvd r ju!g
it'ii co ifeed Hut after a .ami has
b-i brought the t!nlWtrtrs rtjty has
bei e ni.lered as fulfilled, and this !)
piMicttt, hroiili us pr p-r aceit, has
in jfitl cae, and in that e'tge .if the
pfir-i'.li-igj, deemed U lafu( Irert
.,n. Jhy id he grani-d by the District
A : trney on certain terms.
i atatute f nbids suen a eourae , and
f i 'irment in part i ma le or addition,
il 'iicitv furtihcd, i'i ca whre
fit 'ur Uhi,i, e.n'iirrannenis or ino.
'i.'V is hovn toetit, and the appii
C4'i m i mS in eoneq-ience of sonic
oi : esc circiiuttt'ice, iml. licence Ims
f '! i-n'lt h e i cf!i H i; iV iiv -r
01 "f nit iu -m.ne ri,l diie h f re an
i c iinn iMvd, i siiji.wfd ht t!n
A iriM-v 0 iiral and jh- Siiici.r'f the
T M-urv, to ht-liin tn the latter I'lfrvr
i ! r Uje At of U.ingres of May 'lh',
l'il. and. ii tinia and c.ics like the
ff""nt. heri the in at faionSte co-i-sfi?siin,
may be legal, should he f iiio
el she Ui-nari nem ia iliio-e !, m cun
; rn;tv m the a.lm'e and opinmii of th uce
' I'rti-cra, t.i ii.ii-ii i'i a del iy by him
' r l.kfl i-irciiiniunr.' ami U a like
ex. nt b. f.re suit or aftt-rwards. Upon
'I 'iCiMrcufe, 'therefore, of ce of the
rter preti.is!y described, whether
r: ire suit or aflcr, and whether at your
I''titr eisel.ere, snnilar indulgence on t an i t now he foreseen witii uiuiMiaccu
'i riiljr terms could and uod mHudly , racv. The piyineut within so Ihort a
'iiJ he allowed tith pleasure on e-.' period as nine month, of such a vast
i'Miihle at),!ic;ition in earh ca?e the ex- amouiit lo thi? S.te a. iirar thirtv-eieht
i'lt of t!ie dehy being regjl.ilcd by the
'-tt of each case, and the existing and
pfvuble w tt: of t;ie Treasury at the
nj" it sit .-i be presented.
nit sho.ild noplication
ion ol this kmJ
at a m t
cone numeijs, or exteuJ t. aeteral
very I true in am inot. di(Ticuhie
':ii g isKi Hj ,i10 j,rr,e, Blalt, ,, the
urv, not only to me parties uut to j
'i rullllt 111 t)nf tiitntm ii'ii-aiitai f.i
e " w 'tva f J M
anv ci!ii lorahlc period.
1 1 the tirtt nl ll njri unit anri.
'" up in bond unp.tid after du, are ex- j
pfly dUaV.c! by the C2J section, of
Act oelorc referred to, from having
rht upon tniy other duty bmd.
The Unr;uac is, No person, whose
his been received either as pnnci-
f aureiy for the payment of dutie,
;,r lor whom any bond lias been given
7 'i agent, tactor, or other person in
pursuance of the provisions herein con- j
o.ieu, and which bond may bo due and
Jns.uisfie j, siiau aI0WeJ a future cred
11 for duties until such bond be fully paid
or discharged." In the next place the
minion of the Treasury, during the re
"umder of the vear, will proii .bly be
uc,. whether looking to the public e-
'nutes submitted by this department to
v-uinrro.a .u. .
"- at ins voinwrnct'iiieiu oi lis
etsion in December Im, ,ir t th acin-
tuta of things at thia time, as to cie-
ate aerioui ineonvenieiiee and embamif
tent to the public ioiereata ia mreiinj;
the puWie engagemenu. aho!J the pay
meat of all the duty bond oaiatauding
in the U toted Sutea. nuil arsxmetieg w
aevrral Oiillioiu of dollar, be po.ipondin
tlteir collection, either bef.e or alter auit,
until the time requeae4 by the eotamit
tee. '
Tbie will be eery manifeat from the
following data. The aggregate receipts
inn the Treatury, daring theyc.r lb37.
having hwn e'utuatrd in Uie Ut annual
report $2f.W)Q,C00, and the appropna
liona asLnl f,r by ttie rrjecme Depart
menu, with the tioaal anticipated contii!
gent. hiving am.HMitril to abxot $27,000,
000, it waa then aufgraied that ihia would
require the expenditure not only of ail the
estimaUH accruing receipt, but nearly
thre n.iltiont of the fit e reserved on th
lt ef January, 183?, from distribution
among ilie States,
Congress, however, in the course of
the eeasion. appropriated nut only those
ihree million of excess, but over fife
'! It. It
minion in auiiidu. making an sgKiegsie
of more than ihiriy-iwo millions, ami by
thiv means, a charge was impoed n the
Treaury M the e&ienl of eivhi or nine
i milliont tx-joml the rttiwairtl receiita
The eipeeuiion of a rerurrenre of an
extraorJiuary electa of revenue during
the r-ent year, hiclruiay hate been
C'lnirmolaii'd by aoiue, and bae f-r nJ
me gruuuu on wnicn ao ure appropria
noa were made, was aever enierumed
by th IVpartruent. Nor d.ea tny such
eterutioiit jm'ging from the receipt of
ihr ftrai qiai.er and the firt inoiah in the
second quarter pf the present tear, seem
hkely lobe verified. Uu the controry,
asumin( the hypothesis that a sumlar
amount f utieipended appropriations
will remain at the close f the present
irar,
- J . .1 . 1 I . . . I t
as did at the closi of the last.
(ilfiiijjh in ordinary times th-y are ceue-
r.illt reduced eight million, and should
lory become so, would increase the de
ficiency to that extent) the isiponcmeni
of the payment of any cnnidrrshle
amount of bon is to the lt of January
text would make a deficiency in the
means of me Treasury highly probable.
To postpone the payment of the many
millions filling due at all the ports of ihe
United Saies, would render this deficien
cy inev liable.
Comparing the present conditi on of the
country with former peno.i i.f similar
revuUion in tra le when in 1819, Iroin
causes somewhat analogous the mercan
tile interet re exposed to pressure
a very g neral and severe, ihe likelihood
ein eqm.lv atrong in I tor of a rapid
reduction in the reveine.
('he foregoing re mirk a will explain
some of ihe practical tlitlio.lsira to been
eouiMFffd in meeting the wihes ex.irt-a-ed
by the Committee for fie I nig pot
poncwul of the pat nr-ni of duit h niU.
whether granted bf.re or afiei mt, and
wlietloT in view of tt.e eonsequei.fes to
i lie iiift.'iitnui, or to the Treasury anJ ihe
pnh ic. H it indulgence for thirty, sixty
a't l imiPtt i!.it . not exo-nding hyo.i.!
the lt .if Seiti:iiiber, or about the time
for arraiiifi'ig the p.t'm'nt i the la-l in-
aulotcnt of depoaiJ" wi'h the S.;.;e.
could diiub:i s b- arant-'! in jteciMl ca
st s under the ciu'tom iry t. r.n and cir
cumstance, su bclorc explaineii. niioutu
anv pu,e desire it. IJ.it wlut forlwar
ance i. e. eitiiau ni of the 'rreasurv may
jiiufv vi thi respect at any f.i'ur? d.iv.
tnilioiiis, ami which is mo-ily to be cm
Ifcwd through the Depoaiie Uaiiks, from
the ini'iciiiiule pirtiotiol the country, in
creases the pressure from other cati.-es
on both the It inks and the community,
and tteates a prospect that the revenue
accuring fur the rest of the year will much
decline, and will generally be, as ha
been the cae in Apitl, less than the cur-
runt Xienuiturcs. , ,
ll-'uce ine amount in me ireanury at
this time being only about six millions
more than is required to be paid to the
Slater, the progres ol events may com
pel a recourse to such other measures as
the existing laws aullmrizo, fir meeting
one of these great crisis, or fluctuations
in trade, by which, as well as bv other
contingencies, our present sources of re
venue, front intimate dependence upon
them, are so sud.le-ily and largely influ
enced, and for which it has been the
anxious wih of this Department for two
years oa
oat, that Congress would effectual'
Iv provide, ,
How far the powers of the Department
under the I) pomie and other Acts are
now adcnualo to t in end. need not lo
be considered until a necessity to re
irt to tliffii mIiaII become imneralive.
Hut at all events it is mmifest. that the
til.. r......
prcaeni. as wen as pronimtt iuiuic, uir
doom of ihe Preaurt, 'oust be so doubt-
j fut, if not straitened, as to prevent it from
affording eo much incidental or direct aid
m the mercinub interest, either indivi
dually or Ui rough the pepoaiw banks, as
n would be highly gratifying to Ihia lie
parunent to be able to extend. More e-
peeially would it be gratifying to do this,
while that interest is sonenng tjuder the
present severe pressure pressure re
gretted by me as much as any one, and
the near and probable ay preach, aa well
as principal cansea of whitb, according
to my views of the auhjeet. 1 felt impel
led from a sense of public duty, however
disagreeable the task, to point out in de
tail, in the last annual report to fully as
to render a repetition of them on this
occaaiou unnecessary as well a painful.
This Department cannot close the pre
sent communication, without requesting
you to assure the individuals, connected
with the great commerce of your port, of
the deep sympathy felt here on account
of its embarrassments' of the willingness
cherished at this time, a on former oc
casion, to extend to it every species of
relief and indulgence in the power of the
Treaury, consistent with the lawa and
public duties entrusted to its chargeand
of iha entire conviction entertained, that
the high moral character and honorable
feelings of the merchants, will not oidy
carry them through the trials of adverse
fortune, w ith their usual scrupulous re-1
spcl for the taw a-.d constituted autho-! ing the vacant offices with ordinary
rities of their country, but, by the aid of promptitude, the nominations were post
their accustomed energy, enterprise, and ; poned to a day teyond the 4th of March,
indefatigable industry, will ere long re- ; for the purpose, openly avowed, of giv-
I. .a f- . r . t T I; .t . e .i . . .
neve mrui iroin most oi ine suuernigs i
occasioned by those disaster, which have
occurred so unexpectedly to some, and
o injuriously to many.
Respectfully vir,
LEVI WOODBURY,
. rrtary of tits Treasury
Samuel 8wartnni, esq. Collector
of Vw Yirk.
P. S. You ar requested lo give imme
diate publicity to the above comiuunica
tton.
Mr. Wellcrw Speech.
F.itrarl frnm ih Speech ol Mr Wtrbster, deli
vere4 in tbt city ol New York eo tUs !5ih
if ipril.
Gentlemen, I pas to other subjects.
The rapid advancement of the Executive
authority is a topic which has already
been alluded to.
I believe there is serious cause of dan
ger from thi source. 1 believe the pow
er of the Executive has increased, is in-
crristng. and ought now to oe Drought
hack within V9 ancient constitutional li
mits. I have nothing to do with the mo
tive which hate led to those acts, which
I believe to have tnmcended the boundi- '
ries of the Cntittition. Good motives
may alwavs be assumed, as bad mntites
may alwats bt imputed. Good inten
tions will always be pleaded for every
asnmptioii of power; but they 'cannot
justify it, even if tly were sure that they
exited. It is hardly too strong to say
that the ConUti ii ss made to guard
the people sgain fySf dangers of good
intentions, real or pretended When bad
intentions are boldly avowed, the people
will promptly t ke cars of themelve.
On th other fiai!, they will alwavs be
asked why they should resist or question
that exercise of power which is to fair in
its object, mi plausible and patriotic in
appearanre, snd which has the public
good alone cnnlesseilly in view' Human
being, we mav be asured, will general
ly exercise potter when they can get it;
and they will exercise it most undoubted
ly in popular governments, under preten
ses of public safety or high public inte
rest. It may be tery possible that good
intentions do really sometime exist,
when constitutional rerlrsints are disre
garded. There are men, in all ages.
who mean to exercise power useiuiiy.
but who mean to exercise it. I hey
mean to govern well, but they mean to
govern. They promise to be kind mas
ter, hut they mean to be master. They
think "there need be but little restraint
upon themselve. Their notion ol the
public interest i apt to be quite closely
connected with iheir own exercise of au
thority. They may not, indeed, always
understand their own motives. The love
of power may sink too deep in their
heart een for their own scrutiny, and
may pass with themselves for mere patri
otism and benevolence.
A character has been drawn of a very
eminent ciliien of Massachusetts, of the
last age, which, though I think it does
not entirely belong to him, yet very well
describes a certain class oi punnc men
It was said of this distinguished son of
Massachusetts, that, in matters of poll
lira an A government, he chriihed the
most kind and benevolent feeliags tow
ards the whole earth. He earnestly de-
aired to ee all nation well governed;
and. to brintr about this happy result, he
wished that the UniteJ States might go
vern the rest of the world; that Massa
chusetts might govern the United States;
that Boston might govern M usaehoeeU;
and. as for himself, his own humble am
bition would be satisfied by governing the
little lowa of Boston.
I do n4 intend, gentlemen,; to commit
so unreasonable a irespasa oa your pa
tience as to discuss all those eases jn
which I think Executive power baa been
unrratonatly extended. I shall only al
lude to some of them, and, aa being ear
I test in the order of time, and hardly se
cond lo any other in importance, I men
tion the practice of removal from all offi
ces. high and low, for opinion's sake,
and on the avowed ground of giving pat
ronage to the President; that ie to sav, of
giving htm the power of influencing men
political opiniona and political conduct
by hope and by fears, addressed direct
ly to their pecuniary interest. The
great battle on thia point was fought and
was lost in the Senate of the United
States in the last sessioo of Congress un
der Mr. Adams administration- Alter
General Jackson was known to be elect
ed, and before his term of office began,
many important offices became vacant by
the usual causes ol death aud resignation.
Mr Adams, cf course, nominated persona
to fill ihese vacant offices. Out major
ity of the senate waa composed of the
friends of General Jackson, and, instead
of acting on these nominations, and fill
ing ine pairnnsge oi me appointments to
the President who was then coming into
office. And when the new President en
tered into his office, he withdrew these
nominations, and sent in nomination of
Lis ow n friend in their place.
I was of the opinion then, and am of
the opinion now, that the decision of the
Senate went far to unfix the proper ba
lance of the Government. I. conferred
1 on the President the power of reward
hr party purpose or personal purposes,
wiihout limit or control. It sanctioned,
manifestly and plainly, that exercise of
power which Mr. Madison had said
would deserve impeachment; and it com
pletely defeated one great object which
we are told the framers of the Constitu
tion contemplated in the manner of form
ing the Senate; that is, ihat the Senate
might be a body not changing with the
election of a President, and, therefore,
likelv to be able to hold over him some
check or restraint in regard to bcmgu.g
his own friends and partisans into power
with him. and thus rewarding their cer
vices lo him at the public expense.
I he debates in the Senate on these
questions were long continued and ear
nest, fhev were, of course, in secret
session, but the opinions of those mem
bers who opposed this course fiate all
proved true by the result. The contest
was severe and ardent, as much so as my
thut I have ever partaken in; and I have
seen some service in that sort of warfare.
Tehtlemen, when 1 look back to that
eventful moment, when 1 remember who
those were who upheld thi claim for
Executive power with so much zeal and
devotion, as well as with such great and
splendid abilities, and w hen I look round
now and inquire what has become of
ihcse gentlemen, where they have found
themselves at last under the power which
they thus helped to establish; what has
become now of all their respect, trut,
confidence, and attachment; how many
of them, indeed, have not escaped from
being broken and crushed under the
weichl of the wheel of the engine which
thev themselves set in motion, I feel that
an edifying lesson may be read by those j
who, in the freshness and fulness of par -
tv zeal, are ready to confer the most dan-
g'erous powers, in the hope that they and
iheir friends mav bask in it sunshine,
hile enemies only shall be withered by
its frown.
will not go into the mention of names;
I will give no enumeration ,of persons;
but I ask yon to turn vour minds back
nd recollect who the distinguished men
ere who supported in the Senate Gene- announced, who supported, and who op
I Jackson's administration for the two posed it? Who warned the country
ral
first t ears; and I will ask vou what you
suppose they think now of that power
and that discretion which they so freely
confided to Executive hands? Whal do
they think of the whole career of that
Administration, the coratnenceireni oi
which, and, indeed, the existence of
which, owed so much to their own great
exertions: 1 ,
In addition to the establishment or this
power of unlimited and causeless removal,
another doctrine has been put forth, more
vague, it is true, but altogether unconsti
tutional, and tending to like dangerous
results. In some loose, indefinite, and
unknown sense,, the Presideut has been
called the representative of the whole
Jmerican People. He haa called him-
sell so repeatedly, and been ao denomi
nated by his friends a thousand limes
Acts, for which no specific authority has
been found either in the Constitution or
the law, fcave beea justified on the
ground that the Pmident i the repre
sentative or tiie whole An encao people.
CVruinly thi is not cotuittutioej lan
guage. Certainly the Constitution no
where rail the President the universal
representative of the people. The con
stitutional representative of the people
are in the House of Representative exer
cising power of legislation. The Presi
dent i an executive t fiicer, appointed ia
a particular manner, and clothed with
prescribed and limited power. It may
be thought to be of no great eunsrqnenca
that the President should call himself, or
that other hould call him. the sole re
presentative of the people, although ha
has no such appellation or character ia
the Constitution. Bui in these matter
word are things. If be ia ihe'penple'a
representative, and a each may exereisa
power without any other grant, what is
the limit to that power? And what may
not an unlimited representative ol tha
peole do!
ben the Constitution expr ly cre
ate r preventatives a members of Con
gress, it regulates, defines, and limit
their authority.
But il the Executive Chief Magistrate,
merely because he " the Executive Chief
Magistrate, may asum to himself anoth
er character, and call himself the repre
sentative of the whole people, what is to
limit or restrain this representative power
in his hands?
I fear, gentlemen, that if these preten
sion should be coi.iintitd and justified,
we might have many instances of sum
mary political logie such as I once heard
in the House of Representatives. A gen
tleman, now not living, wished very
much to vote for the establishmsnt of a
Bank; bat he had al way stoutly denied
ihe constitutional power of Congress to
create uch a bank. The country, how
ever, waa in a state of great financial dis
tress, from which such an institution, it
was hoped, might help lo extricate it,
and thi consideration led the worthy
member to review his opinion with care
and deliberation. Happilr, on inch care
ful and deliberate review, he altered his
former judgment. He came, satisfactori
ly, to the conclusion thai Congress might
incorporate a bank. The argument which
brought hi adnd to thi result was short,
and ao plain and obvious thai he wonder
ed how he could so long fiave overlook
ed it. ThtTpower, he said, to create a
bunk was either given to Congress or it
was not given. Very well. Il ii ttas
given. Congress, of crurse. could exer
cise it; if ir was not given, the people
still retained it, and in that case, Con
gress, aa the representative of the people,
might, upon an emergency, nuke free to
USb it.
Arguments and conclusions in sub
stance like ihee, gentlemen. ill mil be
wanting, if men of great popularity. rouj
mauding characters, suoiainft! by power
ful parties, and full of good intentions
tawimh the public, may be permuted lo
Call themselves the universal representa
tives of the people.
But gentlemen, it is the currency, the
currency of the country it is thi great
subject, so interesting, so vital, to all claus
es of the community, which has been des
tined to feel the most violent assaul's of
Executive power. The consequences
are around us. and upon us. Not unfore
seen, not unforetold, have they come,
bringing distress for the present, and fear
and alarm for the future. If it be denied
that the present condition of things has
arisen from the President's interference
with the revenue, the first answer is, that
when he did interfere, just such conse-
; quences were predicted. It was then
. aid, and repeated, and pressed upon the
, public attention, that that interference
must necessarily prouurr uermigcw..
j embarrassment, loss of conudence, ana
l ;-i j: V . . -,.1
! commercial uiaucsa. i ytaj ju, gcu.iB-
; men. to recur to the debates of 1832,
. 1833. and 1834. and then 10 aecwe
i whose opinions hate proved to be correct.
j nen we i reasury ai-r,u,rn. . u.i
against it; Who were mey wno enuea
vored to stay the violence of party, to ar
rest the hand of executive authority, and
to convince the people that this experi
ment was delusive; lhat its object waa
merely to increase Executive power, and
that its effect sooner or later, must be inr
jurious and ruinous. - '
Gentlemen, it is lair to nnng ine opi
nions of political men to the test of ex
perience. It is just to judge of them by
their measures, and their opposition to
measures; and for myself and those po
litical friends with whom I have acted,
on this subject of the currency, I am rea
dy to abide the test. ' -1 ' I
But before the subject of the currency,
and iis present moat embarrassing state
is discussed, I invite your attention, gen
tlemen, to the history of Executive pro
ceedings, connected with it. I propose
to state to you a series of facts; not to ar
I4
m ' e