Newspapers / The Durham Recorder (Durham, … / Feb. 10, 1842, edition 1 / Page 1
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t 1 t & it- r;n.J . M i-v J" -1 'j 1 .-1? i J : hAk i: 1 E 'rma''mlKBmamimmmmmmmilmniiu in mill n I NMIII lirmiimunriMllli 111 HWULUlWL'l " it UNION, THE CONSTITUTION AND THE LAWS THE GUARDIANS OF OUR LI BE BIT. Vol. XSII. t. i .' TUl'USDAY, IXBIUAUY 10, ID ob ate in the Senate. srnncii op ; Mlearjr.Clnjr, or Kentucky, .ps ma EVLrrios to sd tub cox ' :; :, 'rriTCTIOX. . ' ; t . ! J4irj ti iStl. The relutinas sub'iniied sometime inr by Air. Clay, proposing ta amend ihe Constitution in rrgatd lo the eio and 'other powers, were cl'ed up as lie spe ti I rt!er rf the day. 4 The res4!o!ins having been reed. ' Mr. CHY addressed i.i il.t Sena'e. Whatever, fa h!. argbt be ihe tlurosts . ft e. -f the amendment which bd j .11 bew read, or of lit' two other linireJ ro'nJatM.u t.,ich L liJ i! bauur of utTermi at ll.e moi Idii wiib ii, t huutii tt Irxt e jr tfi f onf icurti f liavi iirharg(i hit ifu-jr la ihrir pre euti int. I! nial rrcrei. imlreil. thai t'i'uioi Kf,i'. iifrdJK'iti.'ij tirir " Ji,-uon It t'e S ui r, lud ot CttAt- . hhiu Uer n4 mire kKul tiarjt!; nill, titter. lit c i derrd tle nirur on lie m$ bount in rnit-eienee in i-MB u in ce (it lit ariioti o( iLit .fetfllJV - ' ,." ; - " Nur dad ifie peifoimanre i f iliia iluty brn iro.Pjiied. at .hh iuijM tapixitr, 'and a lid ben Uijf.d in errwin qirtv by any tcrl rxrmae .f the , Mff ti wMfh the rra Iiinn had rrfcr riifr; yet he i fiee t e nffa iful at lli'Mijli llie u'-j-ri was one which h.d ' lo ( b-'rii m hi ini'iJ.n l nn b elt he had I iihi inucli and ilrfj!y f ir era p, the eiire f( ne-nl e'enit lud rertanily rt t ir ndd 1 1 weabrn, il u lit 1 nut addeJ much I t irrmt'i ul i.i impreatmna hi (lie generl au'j-cl. Aa f.i b.rk a e ytt j i. a .rl'iy and l.in.'nu-d "Iruftl f hit frm Mijr:a id, now nu , 1 mof f , ha', in eonreit wiih hiiae:f. pre . aeHifd pr-irHiilnn, llie object of which had beeft u ma a t funlirr in rea r in the eserriteby itie Useiie ol ihia tetu ' p iwrr, Tne it wghung f the rra duiinn, i prrtfnWtin,aiid een theobaervalHin ' with which it a tu be compttred, atl h.d bn aubjret t-f joint e'nul'aii..n and ro iidertua beiwrtn lnrlf and 'thai f eml-man. lie adertrd to thiaUci Tar i' other puput ihaa ti repel the ' ida, if ii were enterltined in the mind of r "y.'19 nn hearJ hi o, that ilie amend infill no under contideration. and Ihe , 'i.t'iera which oecon;a ut d ii, haJ been unfiled bjr recent wcurrrncf a. At far "back aa June. 1810. nit one of the toot I 'eiitemu oceaiioo in whirh he had eer been called in addreaa a'popular attem bly !ie alludrd to iht lime when Ii ctjoyed the opportunity of aJ Jre vf the frieuda of lua youth and the people ol hie Haute county of Haunter, oo the eubject of ihe ilu iet lobe IWktdfur at the lunda of the new Whig Adininietraiion which . wa espected in come into power in con erqnence of the jlori.tut and unitertal . tnuroph of the Whig party at the then ap ' protcbing elrclton hehtd placed enipha . tielly and in ftont of them alLthal which formed the auhjert of the prctent tetotu itiou. Af er apt. king of the eto power . generally, and ornre p rticuUrly of ita e - erciae by a laie IVaident of ihe United b aiet, the a;eech proceeded to aay: The firti, and, tn my opinion, the , moat impoitant oj ct which ahould en ' ggi the aerioue at enton of a new Ad , . minittraiioa, it that i.f citcumtcrtbinf, the ' Kxcuiia powc-r, and throwing around il'tuch tunitt.i ma and afcuarda aa will tetidrr it no longer dangeroua to the pub lic liberties. Whatetrer is the woiknf man necre " aarily pariakre of hie imperfection; and it Wit not to be espected thaU with til tSe acknowledged wiadom and ainuea of the frainera of ur Uouttitution.tlier could - he aeni lorth a plan of (.ovemmen', so free from all defect, and to fu'l of g.iaran tu. ilul it alinuM ni. in the CtmuVl of e-nbilterrd ptrtica and of excited pslns. be pertened and mxinterprttcJ. Mit concntioiis r erroneout co la iurliont of , tha piivrris granted in the conduction ol the poweia granted in the Constitution wuuld probihly luve occurred, afttr the I pte of many yeae, in temoi a of entire cairn. nd with a icgl -r and temperate adinwiftraiMn of ho Gifctnineni; but - during ihe I a -I twelve yeara ihe machine. ulnteii by a icckleta charioteer with rightful 'unpeiuonty, has been gretdy jtrred and j lt.ad, ami it need careful cx amina'iin ainl a thnrnuh repair. . With llie view, therefore, t the fun damentd character of the Ooernineiit i-S 'lf, an I eipilly f he Ex-cntive braich, it aernt to m lU either by arnenlmentt of the (Joitfttttution. .when they a: necetatry. nr by remedial legta lation, when the'otj'ct f l wtttiin the aetjii of t'ie power ol Congress, ihrre eltoiill be, ? p V lat A protN'on in render a peraon in ig he to the i fliceol lreident of ihe United Sutea, af Vr a seriee of onn tern. Muih nhieremionf anl delihera o r fl 'C tiui have sitirjil im lint ioi inueli ol tho tun", the tinujhie, and the exeiti m of ilia m-Hinbeir. are occupied, during Ira firt term, in ectirini( In re-tt c ion Tliti.bt' business eoiiseqitn t n.lft n l in ieure r V,",,',' or 'X''u,'", with Idtt rfgird ig gen-tal jrjjcrit; than t their inSence aod t!ie appioach inj elertfin. f ihe Imttiiian t leiaj existed, the PretiJent tfouid bectrluaite If devol-d to the li'ucharge of bis putite dtftirs; and he would rm!etor tosifOthx bis aJoiiniairaiiot by the beatficeoce and wi4o!) of i't cBvatiiret. " " 2 I. Tint the eeji pawer thmttd be more i reiely dfi,ed,.and be eul jeei. ed to further Jirttitauou and qualfica iion. -Thua il wnidd bepreceifrd by the Se nata that, whateier truth or soundness there anight be innhe opinion which he had embodied in t1e resolutinn now sub milled to the S.-itale. it was an opinion long tinre deliberttrty f rmrd and ex preaaed, and one which had of eo ainre been eo.Kdrrd and ie tewed, unprpapt ed by any bf those reeeut ocrurrrneea to whirh it in'ght otherwiee hare beeb sop poted to owe i-s orig a. ' llie partirular aitirm!ment now If fire the Ron 'le for its ronsideratinn. and to whirh he should. apeak before he more bii. fly adverud lo tt.e others which se c.nnptnte.l it, wa that which related to the Veto Tower. And while oa this suljeci of rederming the pledge which a, in so ne eon, gien by h in aa one 4r the huaiblett ineiiibera of that pry which had not lotg aince so signally in amhed, he hopeJ the Senate would at low Ihoi, in li ttuth and t ineerlty, to say ihtthe desired to see a party, when it eame inti power, tedeera the pledget ami fuliil ihe promises it made when out of power; ai.d n t exhibjt that disgraceful aperlac'e S i ofrn witnassed in ihe p ili t eat hittmy of other nati ma, of profetting one let o principles, and employing ihem a a means toward get n into power, and then, when successful in ohiaining their wi?h, turn round, forget all iher hal sid and proutitrd, and go on to ad iuuu. er ihe gov ernment just as their pre deceSiors h-J &9nt. lie could assure gentlemen that, on the questions of re sinning aid liaiting Executive power,1 on the necessity f an economical admin istntion of ihe (Jernmenl, on regulat ing the ilismtssing powrr of tho lrei e'ent, on serutinf a fair and just respouti bildy in all the Departments; to a word, on every great question of national policy to hico the party to which he enider ed himself as belonging were pledge ! t the People ad to the world, they would fi id bio, ou all nccanons, during the short time in which he expected to remain a member of tha body, heartily realy to en operate in emy ing out inti practice all thry hal avowed in principle. It was hi purpose to go but very brief ly into the history and origin of the vsto power. It was known lo all tr hare ori ginated in the institution of the trihuna lion power in ancient Rime; that it waa seized upon and perverted lo purposes of ambition when the empire was establish ed under Augusta; and that it had not Ao. 1110. tmf t m iii a "nil even s, ihe power wa inaerel se one j The oexl ExwBie eaemaehmenl fcethorixed by fr to state, but oa a hirh rewaiairg S atra had r.rt inrttd ihe ve:a fa Ctt, not oi.ly ia the Oenrr4 Consti houl S soiiee was that which occurred in j he should not 4il.ii lime dwell. Koii-oly a i!;awd at t'.e lead .f iLrse 4.d'ono luuoa ol the Federal UoternuifBt, but al. the t! ;al from Se of pertona ap-jhad the purae of ihe Buw ben sexei; whMh had Uea rId lie w-uil cr of v iue woasiiiuoons ol a irtito l Ilia S au1. . Fifty year bad now clapatd since aaie. ihe Federal Cuattiuiton was f..f iaed. lu-1 v t nd WKb the consent ol liee- Le t Jtct of tbie praeuee was air cairor ail aaeucr and eaOie - . s I ana it wseewt tserngkiinn from the ws j ration of d,t Senate in auch appoiNimeats. duns and p.trio urn of the venerable men ' Of wal avail was it that the 8nae who framed it, new u say that the work 'should to dayaolemaly ratify and eoofira of their hands. thouh as pvifertaa eter!l'e appointment of aa individual to an haJ proeteded from hauan band. was not oiSce under tha (Internment, when the absolutely s; because that waa what no- PrenJeni could to-morrow reverse the ef tiling that eprang from man bad ever been, feet of iheir set by his mere bra l! Ce Bui now, after ibe lapse of h-lf a eento ry one knew that ihe power of removal ry, it was interesting to pause to ..k l'J lweagrsly preverted. It the early baek to review Uie history of that pen- days of the Conetiiut'un il had been main od. and ioranprethepredieti,ntofihoso tamed lhal thai power could beexerci w ho then lo .ked int the future wi:h the j ti only f n cae of ma!frasne or msafes actual seta U of suWqn ot experience. Since in office, and that the President w ho Any one at a'l aeqo.iiir.ed with ihe e-n- .should daie to employ it for any other end trmpnraneou Lisuiry of the ComtHutMn . would subject himself to impeachment. ibusi know that ona great and radical er-. Out onr history and exj eriruce has gone r.r whieh pos.ested the mind ( ihe wise to show that this tub lit) lo iuipecbment men who diew up tl.ai in.tmmt-nt was was a mere rtarccrow, and that it could aa apprehension that the Ex- rut'te De have any practieal effect in a popu. paetment ol the then prop(d (cin l.r Government, ronttituted as ours was ment would be too feeble to contend sue- "e'or like to be. Ur the free exerrise of eesft,lir ii a airnrgle with ihe power of thia poster of removal the S -nae bad lost His igil.tij'e: hence it wss f -und that pracueal influenee on the able sub vsiioua expedHHia had been prop.ird in jt 'l sppoiti'ment to ofiire. last . nee ihe Couveati'Ui, with tho avned pur. after instance had pceured wheresoiadi pose of atrertgtlrecing the Exrcu'ive arm: ! itlobl had been dismissed br the Execu one of which went so fir as tt propose a4vo whom the Senate would gladly have that the Presideoi should be Chief Ma replaced in office, but whom they were gistra e fr lite. All these proposals had 'unable to retain there, and were therefore their origin in the ont-preva ling hie, compi led to sanction the nomination of that of the weakness of the F.xecutive, 'a surcetor. The actual resuli of such a and ita incompetence to' defend itself tts of things was, he repeated it. that the agtinst the eneroachmrnts ff Legitlativo 'eooperaion of the Senate wilt the Pre domioation bbJ diciidnn. jsident in the matter of appoin'men s bad 'Now let any man look at tie aetml (breo almost completely r-u!1.6fd for years workingofthemanehineihey ennstrueted, 'pvt. Indeed, eo perfectly was 'hie on and see whether the antieipa imia which jtlerslood, thai, when the Senate were de haunted their mind on this sul ject bad hb.,raing wi h chised doors on Executive been rea'a-d or fdsified by the subse nominanooe, Mr. C frequently walked qucnt political history of this Govern Joutt-f the Chamber. Deliberation in urh ment. Lei him see whether ihe Execu- J s case w as one of the iillrst thing in the live Department wa the weak spot in 'world, because every one knew that ell the system. Much hid been said about ."resistance must be unavailing. And, even the encroachments of the Federal Go -shou'd ihe objections sgainai ihe nominee ernment on the Government! of the ' b so grots and undeniable that resistance Slates, from wtych complaints had aiisen to his appointment should sueeed, they what was tailed ihs S.ates-iijhls party ! might generally calculate on another no and its opposite; but an examination of ! initiation not mote to the taste of the Si aoioidy aiij it s ill remain in the hand Ste -Viffieia. Now. . t-f it ese of ihe Piesttltn. but the na'ion had seen t Naic I'ot ai'iktca were .f a I.i aa armies raised by Cxecutiie avaaJate, not tcrtor to that f the C-nM'Hio f ihe oolr wiihit aothoritl or thsdow of a uihority of law, buL as ta thecae of the Florid toluBtrere', af er a law had been asked lor end positively t fused. Other instances might be cited in wLieb a ro d nary force It ad been raiatd without the sanction I Congress. . , ; , . Without, therefore, going any further. Mr. C. said that he thoocht a caieiul review of ihe oprrat ons -f l!ii Goem rmni dwo to the present "hotr, win. I.I fully deiLonstra e that. wh.Ie it had made no encroacHme nronthe Stale, lltic bad U. State iuelf. Il tUto tad leea this any great danger of Ex'ei.lirs rnrroach ml and of hasty legiItus. on wouTd eippt se ii voi.l l lae teen heard of ia these iine State. ' Had any instance yet oceoired to show thai such a tSaiger i!i I riiat? Mr. C. had heard of none rtd of none s d he put it to tbe adt oeaics of this aibitrarr and roonarehical power, he put ii espeet.l'y ia IHmceia's, who, while tl.ey n fid t tn.riUrs, and he t!i t.b(d in l lmily rid eotoirr4-ut!y profrsard ttomrlte. fiiend of the I'eo b ea a couat.ut eorr arhtneut by the luxe-! i le, eame out in ihe ei.irt beta era cotie on the Igilatt vo authoiity. j nmnan hieal prnogan t-n ihe one band And wa not this in li e nature of; aid enil fieed m in ll.e other, aa il.e thing! The Extrulive branch of tl.tti aowed di eaie t-f peirfaiite- heput Government waa cicinhl'v in etir; it it io all of t!im to tell, il srh dangers. ihe laeisofiha case would demonstrate ihano sjluary instance had yet occur red of any such encroachment by the General Government; but. on the contra ry. Mr. 0 could deruonlrate, were this the proper time or occasion for doing so, that there had been an abandonment by that Government of tbe exercise -of its own just poaere in relation to the States, and this to such an ex'ent that the extrlirg state of the country piesentedvery much the same aspect aa ihe old Confederation had onee done, with all its weakness and imfceeility. But w hile there had been no such thing in practice a an encroachment by the Federal upon ihe Slate governmenie.there teen fiddly oboliahed until the reign ofjhoJ. within the Federal Government il Consiantiiie. There could be no doubt self, been s ror.stant encroachment bv the ... . i t'tat it had been introduced from the prac tics under the empire into the inonachiei of Europe, in moat of which, in aome modification or other, it was now to be found. But, although it existed in the national codes, tho power had not, in ihe ease ol Great Untain, been exercised for a century and a half psi; and. if he wss correctly informed o i the subject, it had, in the French monarchy, never been ex ercised ai all. During ihe menviraMe pe ii olof the French revolution, when a new Cons i'uttoii was under consideration, this subjoct of the veto power had been largely diacusaed, and had agitated the whole country. Every one mast recollect how it had been turned against tho unfor lunate Louis XIV, who hud been held up to thcridicule of the populace, under th ti;!e of "Montieur lelo" as his wife, the Q teen, had been called "Madame f eo." and aMi'iun'i. after much difficulty, ihe power had ftndly found a place in the Constitution, tn,i a Solitary iusttnee hal recurred of its actual exercise. Under the cohmtal atate of this country, the pow nt.; and when at length the office was Clicd, the tenure of Ihe incumbent was not on ihe joint will of the President and Se nate acting together, but upon the single will, upon the mete arbitrary bie.ih, of one msn. ' Mr. C. ssid lhal it was not his purpose to go into all the details ol these encroach ments by the Executive upon the consti tutioual powers and prerogatives of a tingle Legislative branch of ilie Goern ment. He would now piss to its attacks on the powers of the Congress of ihe Uui ted Strtee. And the first instance of this to which he should refer wss the creation of officers was ever awake; il never step-: its action was continuous and utees re, hie the iids ol some m'chty 'rivtr whiehe intin tied flowing and flowing on. willing anO d'-eprning and widening in its onward progress, tdl n swept tw.j ecry nope dimeni and broke down and rtmovtd eveiy frail obvtarle l i b ought be est up to impede 't course. Li t gem!eu.e look at all hialory, and they would find thai it hsd been ever so Tha legieLuve branch of G ternncnt met only peii.ij ically; i power lay in is attrmbiiog and acting; the moment ii ai!jourrtd its power dittfp-8rei'; il was disaipated, g nr; but there stood the President at the head of the Kxecu'ive Department, ever ready to enforce the l.w and to arize upon ee'y advanlge which presented iisilf for the extension and augiuenution ol us power. And now he would, upon principle, ex smine for a few moments the motives which might be supposed lo have acua ted the niemiers ol lite Convention ih conferring upon the Executive this veto power. Let us thrw ourselves bark in ihe'perind in which iliey lived and acted. and then mantute a comparison bciweeu the expectationa in whrili they hsd indul ged and the sctual Let aa they had aince occuirvd. Oo piinciple, certaiidy, the Executive ought to have no agency in the formation of laws. Lws were the wdlol ihe na tion authoritatively expressed. The car rying of those lawe into effect was the duty which ought to be assigned to ihe Executive, and this ought lo be his sole duty, for il was an axiom in all free Gov ernment that the tnree great depart nents. legislative, exerutive, and judicial, should ever be kept separate and diMincu And a Government wss Ihe most perfect when mo-l in c mformiiy with this fundanien tal principle. To give, it en, lo the Ex Executive upon the Legislative Depart ment. First, it attacked the trevtymking power. None could now read the hn guajfl of ihe Constitution without at once coming- to the conclusion that the inten tion of the authors of ihatlnstrnment waa that'll) Senate should be consulted by the President not merely in the ratifies tton but in the inception of all treaties: that in the commencement of the negotia tions, th instructions oi the ministers sp pointed to treat the character and provi ions of the treaty, the Senate should be'c mtrol the entire Executive Department. out il e consent of Congress or any con sul ation with it. Another and a more formidable instance was to be found in the assumption whhtn the last few yiar of ihe purse olttie nation, lie alluded, as every body must understand, to the seizurey a late Executive of ihe public depositee placed by law in the liank of United States a removal which had been effected under the avowed claim of pow er to employ the prerogative of removal at a means to compel subordinate execu live officers to comply with the will of the President, on the principle thai the Exe live was a unit, and that a single will must and the designation of their salaries, wiih-jecutive any agency in the ascertainment consulted, and should first yield its assent. And such had. in fact, been ihe interpre tation put upon the treaty-making power in the first and purest years of our Go vernment Every one moat recollect the early history of the exercise of the power, and the htjjh sanction for such a usage. The first lei Jent had been wont lo come to the Senate, there to propose a foreign misiion, and in consult with his constuu tional adviser. the members of theSenate, on the instructions to be given to the mi er was transplanted, from the experience i oisier who shoulJ be sen, liui this prac which had been had ol it in Europe, to' lice had since been abmdoned. ThePresi the laws relating to the colonies, and that' dent now, without a word of consultation 1 in double ( inn, for there was a veto of! with theSenate.on his ow n mere peisontd ' the Cotonixl Governor, and also a veto of I sense of propriety, concluded a treaty and the thrown. B it whu was t'inughl of promised ti the foreign Power its ratifi this power by the inhabitants ol these cation; and then, after all this had been Stales when rising toavsert their freedom, done, and the tcrini of the treaty agreed mitht be seen'io the words of ihe insiru upon, he for the first time submitted it io w i ment in which they asserted their indepen deuce. At the head of all the grievances stated in thut paper, as reasons for our separation from Gce-it Britain, was pi ic ed the exercise of ibis eery piwerof the Royal Veto, Sneaking of the kin, t'ie Daclirttion of Independence employed this Inogoage: lie lias refused hiJsent to liws the mU wholesome and necessary for th" public good, lie ha forbidden Ms Governors to p is laws of immediate and pressing "imparlance, unles suspended in their operation till hn assent ahould be obtained; and when s i suspended, he has it lerly neglected lo a'.tend to them. N doobf the Ilea of e ngrafling this power upon our own Constitution was ido,lcd by the Convention fro rt having tiway fomid it as a po-rer recognised in I. iripeat' Goventin-nts, ju-t as it hd sen before derived by litem front the n-ae .ctf a id history ol Koine. At all the Senate lor ratification. Now every one must see that there was a great differ ence betw een rejecting whal hul been al ready actuolly done, and refusing to do that tiling if asked beforehand. All must feel that thev often give their official as sent to what they never would have sane tinned but for the consideration that the treaty was aire idy concluded, and thai the faith of ihe nation was in some eon pledged for its ratification' Another con aequenco of this Executive encroachment was one from which foreign 'Powers of ten experienced great inconvenience he meant the amendments of treaties by the Senate after they were al length aubmitted. So great had the inconveoience from ihi source been, thai in more recent treaties it had come lo be the practice to insert in ihe body of ihe treaty itself a provision against all alteration, so that it must be ra tified in its existing form or not ratified at all. . ; ! it'i This seizure of the public depositee had yet been unprovided againsi; the Congres sional power io control them had been un returned, and thus a sttte of things wss permitted to continue by which the nation was virtually placed at Ihe feel of ihe Execuiie. . Let not gentle men mock hm by talk ing about ihe impossibility of the Presi dent's drawing money out of theTres ury except ur.deran appropriation by Lon gres; let them ml tell him of the resp n sibility of public officer; let them look at fart?; let them look at what haa actua ly occuned on the removal of two or three Secretaries of the Treasury, in order lo ae complish' this very seizure of the pub lic treasure, and then let them look at the dismissal of a countless host of sub ordinate officers because they did not happen to hold the same political opin ions that were held by the President. Of whal avail were laws! The President had nothing to do but say to his Secre tary, issue your warrant Tor such a sum of money and direct the Register and Comptroller lo sign it. and if they should talk about a regard for their oaths am; and expression of the will of the nation, was so far a tiolaiiou of this great leadiue principle. But it was said that the framers of our Constitution had never theless been induced to place the veto upon the list of hxecuttve potters by to considerations; the first was a desire t pro'eel ihe Executive against the powers of the legislative branch, and the other was a prudent wish to guard the country against the injurious effects of crude and hasty- legislation. Bui. where was the necessity lo protectthe Executive against the Lisl'tite departmen t Were not both bound by their solemn oaths lo sup port Ihe Constitution? The Judiciary had no veto. If the argument was a sound one, why was not the same pro lection extended lo the Judiciary also? Was there not ample security sgainst the encroachments of the legislative power in the absence of ihe veto? First, there was the solemn oaih of office: then there was ihe authority of the judiciary: then there was the responsibility of individual members lo ihe People, and this respon sibility eoiitinti-Ily kept up by a frequent appeal to the Peoph: and, lastly, there was the ultimate co . flirt of the President and llie L-g shture bef-'ie the grand tribunal of tie nat nn itself, in cseof any bth of encroachment and rashness as were preiemhd as a pretest for the veto did acuaUy ex'St. I ow it faprened that in lie nine Stair he had nuri'd, OMring o l-i g a perod'as had rlapsed'tnce their Constitution were foroied, nn in snore had occurred cither of encroach m nt bv the legislature on the po er of the Executive, or ol aurh rash and battr legislation as edled for the res raint and safeguard of a single sovereign will? Now, before he proceeded fur her, ha invited g'tiilvmen to foim a jut esti mate of th a vvto power; to look st it, to see what il wa, to a-eertairj what was its value, what ii areounrd to io the prvc icul operation of Got err. meiit. ' He should not pretend ti go into any inquiry as to its moral value, or ia estmate its influence on .the individual who exercised it, or the drgrre and ex ' tent whirh, by means of it. in cnnneii m ' w itls a vast patrmge, the President could sway the mint's of othrr men, for that was a power which admitted of no e.tl mate. He should confine hiiutit t what miglit be calUd a mere numerical est mate of the amount of the veto poser, nd wo dd make this eMmtt by takmg the tiuaibtrs of the two Houses of Con tress, as those II ures now stood. The Senate al preset consisted of fify two wttinher; of that number a majority consisted of twenty sevn; two-thirds amwtin'ed to thirty six. Supposing a law io be passed by a bare majority, (nd in. all great and coii'eied, question bills were wonl to be passed by very small ma j Tine.) then there would be iw its favor twenty seven voles. The bill wss tub mited to the President end returned by htm with' his veto. The force of tha Presidential veto could not be overturn ed bul by thirty-six votes. Here, tlierr, ihe veto in the hands of the President was equal in its effect upon legislation ta nine Senatorial voles. Mr. C. dismiss ed all considerations of ir.flui nre derived from hi office, all ihe glitter and erLt of ihe President's high station, an l all the persuasion directed to the interests of men by hi vast patronage; alt this he l-id out ol view, and looked merr! y at the numericl feci that in the Senate the ve to was equal to nine vn'es. And now in regard to the other branch. ' The House of Representatives consisted of 2-12 mem bers; to constitute a m-jority required 12Z; two thirds amounted to 1G2. By looking sr this difference, ii would be seen'. ss in the case uf the Senate, that the Exe entire veto amounted in effect lo forty Representative votes. k Now, Mr. C. did not mean to say any thing in the least derogatory to the wis dom, or tonnes, nt integrity1, or patriot ism ol any President of the U. States. It was not necessary, and he was utterly un willing, without necessity, to injure the feeling of any man. We hid had sis President who had previously been Se nat irs. I bey were able and eminent met ; but he wUhed to inquire whether any gentleman could show that then wis Join and other distinguished qualitiea had l et n so great a to be equal io the wis. dom of nine oilier Senators? Could it be shown thai their patiiotism and inulli genre ami integrity were equal to those to all those who professed to be desirous uf guarding against such abuses of trust. thai unless il were done by an amend ment of ihe Constitution, or by a revival and resumption of the power already possessed by Congress under ihe Con stitution, they never could r ffect their pur pose. All efforts, alltlevices, all guards, all guaranties, all attempts of whatever kind, to separate the purse from the sword would prove in practice utterly vain and ineffectual. . There was a third instance u ibis encroachment which he was u attempt by the Legislature m deprive him' of therigbtful exercise of hi .authority.! of forty members ol the House of Re ore- Betide, if a veto he neccsasry as a tie- smtitiver? If not. . how did it happen fence againsi legi&htive power, why was' ibai a mau who, when in that Chamber, there no veto against the highest dccr'p j and aettng with hi fellow Senators, had lion of all legislation, ihe foi.dime ntal leg been consi lereJ upon a par with them, islation by a convention? ' There was no; wa no sooner transferred to the other veto there there was no apprehension end of tha avenue than his will became of hasty action no necessity was rec g-j squal to that of nine Senators and forty nised for ihe controlling w id of one man 'Representatives? , I low,, he asked, -did to save the nation from the heedless aci this happen, and wherein wa it jot or -of its own representative. But in the right? 'Was it not sufficient that this case of ordinary legislation why should man, after his plilical apotheosis, should boggle at obevin. tell them to do whal I such apprehensions be indulgetir Untlus ei joy sll ihe ght er aod distinction and " a1 - . . . .1 i - r . :J.Il . t . . ,m. command them, and il not, I will hod supjcci experience was our saiesi gmue giory auacnen io nis omcrj was it noj men who wilt. And he would here ay Now, Mr. C. ha I taken the pains lol tok' enough t'it he wielded so vast and for- inio the provisions of iwenty-stx S.xte mutable an amount of patronage, and Constitutions in relation to this matter ol thereby exerted an influence so potent and the et,t. and ihe result was highly ruri j so extensile? Must there be sttperaiU ou and interesting.. The States were in ded to all a legislative force equal to nina ' this respect divided, as equally as their S nvtors and (tiny members ol the Huure number would admit, into three utMinct of Representatives? classes. Nine of them gave to the Ex- Again, let the subject be looked st in ecuitve the veto power unless controlled another point of view, and that was tha by two thirds ol the Legislature. E'ghl balanee of power among theeiatee. Now, other S at'-s conferred the veto, but con gentlemen might reason at ihey pleated, irollcd it by a second vote of amijority.S about what a pUr iM;lar President would a was proposed in the amendment now , or ought totlo, bol Mr. C. would answer uuJer cjnaidetaiioii. While the mn;for it thil be Would ucvet forget, tmni ''-".'. . "":"''"'.-' " -';' " 'I:-'"?-. '- J ,': . v.'"- .t . I. S , vC i t
The Durham Recorder (Durham, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 10, 1842, edition 1
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