THE WESTERN CAROMMAN.
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PUBLISHED .WEEKLY: JOHN BEAHD, Jr, ISJUor and Proprietor
Xumberjrom Mr beginning, 7GS : Na 38 OF THE XVth VOLUME
Salisbury, Rowan CMnity, N. G
Saturday, Fcbniary 21, 1835.
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and centuries, the blood f m,ny martyrs 'i
horror of iimuiiM-rable nn to rracue from i
LEGISLATIVE DEBATE.
and the
fi-iun lit k..LI
H r.xeculive power beyiaaj (m Atlantic. Tin or
dinary incna-iil of Lcvtslaiiva umm
have been oWJ to lmj Senate, lw, cvtf(
woo of i.ba arising from ila also paaa-asmg Judi-
island Exrulie power; but it niul be recul.
DfiXCIl OF MR. GRAHAM, or Ihixaeoaoto,
On ths Rttolutiont to Instruct Mr, Manf um.
(cOVLl'DKD.)
But, Sir, I Will not leave Ida auhject before im (o
ftalt an examinaliim of tlie coiuuraiive merits
gl' tha Legialaliva and Executive ilt NrliiM-iita uf
iLiff miiMMpl in other ages and count oe ; nor woulij
f ake ail mvidioua diMtnw:tMtti U'Uwn those of became (or one mrM-, il ia Judicatory and Cr
own, much unit-bukwl an illcjnl ciur. J iHrflM;r an Executive c.aimil. h u not merely
fimul power in either. I have bw-n endeuvourmg ; the U m a branch of the Legislature, cabbie of fia
wtbw that President could derive no rj "'ing ami jatamng law, ()f declaring their Iru
gnt the public revenue from any of fbn grants iu ' meaning, inquiring lulu the acta of al t.. rn.
of the second art it Is of the Conotiution,
"iiiai it rresnk-iit khall have power, by and wild
u.,c ' ami consent 4 the Senate, to make In-a-
im-, pniHb(l Iwo-llnriJ of Hrnalor prvful
riariir " ll II ... D l" .
, uj m nriimrniniivra no not rwim
ny agpttoy in making Irraiit a, but that h n a
U,4 ,1,, ... U.r a. , ..l..,, Z
i i i - -v m huh. ri, in nyn-w
. . - . . . . . i
I.V
k (JotuMilulion, and a no law Im hr-n prodiml,
ktlving auch power, IIm KchoIuIioii of llt H).
H! i lkil to bn (nif.
But uppoiift lliut I am oWrivi.-d in all tlii, tfm
uMMtratioii of ill truth by no iih-uim iMfcwtn-
?ro tlM: vindication of llm n-wilulioit of lint .Nimlo.
roiu tlt vrry iiulureofourtJovcrniiHirt.tiM! Ku
jte, a auch, U Uit tha minister In pt-rfurin tli die
fciMuf lni4mm ; and an tho aulliorily to
(Manmnd implii' tlm rilit to oIk-iIh-iht, it m at
0 linm foiiiHMrnt to llw f j,innivo powrr, lo
kcUre wbi'lhr, it will U-n protMrly etecu-
nd,or wbj-tluT, innlf r a pnMrnre of it, Ktcufive
rol mivu bw-n doiM which it wver autlnriHd ;
hw may be elK-clt-d by a alwlute dnrlaratory of
i kit the law ia, or. by the exp-aion of an iMiiion
iatlr ahniwof a Rriulimu Where the linihilive
ywrr chmiII in distinct bodje, Mthrr umy nmke
wen a decuwtuua, wnn tr wiuwhii tne cottcurrcnce
J Hie other. A both arc charcvd k ith Iho re.
MMihle duty of eamininf( tliu whole body of the
to acerUiu what dt fucta axit, and to provide
HitaUe renieliea, ao both are eniwlly bound lo
grotiuiie the adnumnlmtioo of the law; and, if
ity be UkuuI Id be tuiiiuiideratuud ur tniaepplutd.
to declare their true meaning and inmut on their
correct admtnintraHoa ' auch dorhrratmna are nnt
ilwaya made by the terma of euactuienl mervly,
kit thnae are tiAUnlly preceded by a preamble, re
citin that " Wheremt the Judiciary haa decided
Improperly ,n-or whereaa knm Executive oR'tcut
icted improperly. The term nf reiwure im
lied or exprewied in auch I preamble on the com.
uct of the officer iu qiieation, may be more or leaa
vere. 1 lie right to ue them ia certainly imam.
if niahle, and ia und:r Do other restraint than are
illached to all the rijjhU of ..Logiwlutive body
it hi n the pale of the Constitution their disc re
but) ainl aense of propriety i their only guide.
If the Senate of the United State had used the
fcjiumje olltlieirReslulioii by way of prcauille
to a MtHtnte, 'dcciiiring and enacting " that the
&iuk of the L'lliied CiUitu dH and ahull kjcukm
It) nghl tn tlxt ueutiKiy of the ptiklte tuouiea" HO
an tlicj are kfl iup ly and puKfnnt taithmly,,,
they certainly would hnve Ixwii wilhin the. liuiili
at theirpiwerir, und yet fhe-Hly -iP',.t of uih
act on their iHirt would have ln-en' the aanie with
truntwl miih their ewulion and of awrtin heth
er llN'ir iulentiofi ha U-eii fnllilh-d.or wlwiher tlte
ciKluct of any Kwrutive oflicer fntn tlie highmt
lo the loweat ha Urn in arcordanre with law, or
in violation if it. 'V, rijjhl drfewling all iu
ower aHiiiMl inlni.nx iit bekm eXwirae to
the N-nate, if the 1'rc.Hlei.t alniuld axHii an effi
cer " to till op a vacancy " hich had haM-ned do
ring their eewHtu, ami not - during th" rtfews" or
f he ihould excluuige a ralifratKM of a treaty with
a Foreign IWer, without conaultmg thein, they
would be authorized and bound to rennawtrat
againat either, a an infraction of their Kxeculiva
pver. Tim CtMtotituiion declaring that oflicer
hall he apfHiinl ainl tr, jIhw coiicIimUI by and
" with the advice ami ci iit of the Niiate if the
HoUHeof Keiirewiilalnen hiuld premjuie to imu
judgment of reuiuval lotwotnce airaiuat any uuiu
or d.x:lare l.i.n n-lh, of l.Jd.ng ofW,wirB i4 lhe XXiWr ,lrrw fufth .,.
1m iMHiale hav prwta4 agam lluit a a direct e
croachmeiil on llwir Judicial funcliai; ao, if the
llotme of Kt-prenciitauifti, or PreaiuVut. or both, u
co-ordinate brauche of (lie law enacting power,
ahull amuil it Legialutive right, it may in liLtf
manner defend tbcae, which Are Jar more cxiaWve
than the two former, comprehending every legiata
live atrthorrty granted tn the other tJunwr, vnth the
exception iMily before atated. It ha lieen boldly
promulged by the head of a Department, during
the pnwut year, that the Senate ha no right to
inveMtigule ita alfuira, If thii imleed be true, then
ia the Senate deprived uf half it efficiency in the
enactment of law ir how are they qualihVd to
imM new law, unlesa they can ascertain mit merely
how the old are written, but how they ofterate prac
lion rat a law er law to be pnimed by CiHigreaa ;
and it ia Hie couatiluitotial rifchl and' duly of tle
ikw m n- preeiiialivea m l auch C"e to (fc li.
Urate on lite exwfitency or inexcliency of carry
ing auch Tieaty into rllect and In determine and
act thereon, a in their judgment ny be nxait con.
dm ive lo tha puWic good.
RtmJrrJ, 'rhat il ia not neceaaary lo thn pro
priely of any aiplication from tin II.nim) to Ihe
r.xecutive. for internal ioO dtvimi liv llum iul
hirh may relate lo any conatilutional funiiNia of
the Ilouae, (hat the purpoaea lor whic h auch infor.
matiai may be wanted, or to which the aanie mav
be applied, ahould be atated in the application.
(Journal Ho. of Rrp$. 2 tol, 4N(l,4H,4Nn.)
Tbeaw Rewdutiona anarrt in aulwtance, that Ihe
IVaident in wilhlM4diug lhe information Bought bv
tlie lluatar, on the ground lUt it had Mil been akcd
lor, a evidence on an impeachment, hud contra
vened llteir righla and violated hi conetiluliiaml
duty, yet they were ailopted by a vole f 75 lo 35.
Among the tonne r of whom are auch name a
Jame Madtanri and N'alhaniel Macon. Thia cen-
trance from the IVciiaVhiT U did t4 d.tt tbrtr
power lo exprea their opinion, a lo their ciMwtitu
lional righla. A at ill atnmger precedenl ia alHinled
by Ihe caae of Jonathan Kobbtna, during lhe adini
uiatralioo of lhe elder Adania. A terwHi of Ihi
name waa in prison in Roulh-farolina, ( trial, on
a charge of l'i racy and Murder.rommittr I (,n lard
a Drilih .hip i War on the hivh aer. On
reuiitiin of the British Governmenl, under the
treaty of peace, lhe Preaident inf. rim j the judge
ol thai Diatnct thai he conailereJ an olFunce coin
milled on board a public ahip of War on the hik'h
aeaa, tn have been committed within the juriadiction
of Ihe nation lo whom Ihe ahip belong, and re
queaied tlie judge lo dchver up tlie priaooer to lli
agent o lireal-llritain; providrd, tluit the atiMila
tically! And Ilia people are rohhed of one half of ! teA evidence ihia rriminaliiv .tUMl.l I. nl.-,l
the aentinela whom they thought ihey had am-auU i The k1" acrordiniflv mireemlil 1...... a.ul U
J . .-u l .i i.. : . . . .1.- . . "v. - -
cu iu waicn B.IW examine uie auiiHiiiairaiKNi 01 lire . trwxl aiwl .tmiU hv o.n m.ri ...I .
law, to commend the faithful and cowlemn the un- rh.rire m.ninv ami munUr. TU H.
faithful niiniaterial aervanta. Shall I be told, a nrMentative eailed for the nanera rr-Uiive to il.e
I I k. . - J L r L LS a : k- ! ' . .. . ' '
iiiu ucoiMirneii w iore, inai me oenaie. in nn ; rl. ao rewJut on were intnH oced rec it ine all
iiivetfga'ttiii nwy c.aj.eTve opTuiima bimT owTraciTine (acta, ai onnrKiiling that te 'x'wwn oflhcaaj
prejudicea whici may remler them unfit lo act aw ' q.wio. by the Premdent againil the juridicti.Mi
ot Um court ot Um Lulled plates id a cam; where
.thoafl Courts Mi alrradjft!Biinied and exerciaed
jurisdiction; and bis advice and requeat o tlie Judge
ol lUe duirict court, that, the person thus charged
aliouUbedVlivf red ut;provkted,only such Pvidctice
pxlgew, if an intpeechijMMil ahall be pre fur red aguiusl
a dtilinquaut odiccr tliua det'cM f Thi arguineiil
fnua iiMHNiveniencej if it be entitled to any notice,
(iwy.Jw readily answered, ,. 8ir, poaitive sflfnila-
tinns, the oWrvance of which Is enjoined by onth.
litis re.tu(i.Hii that is, lexor- ll.o nimai oT"" not to be disregarded Dy imttvimiar tor as orfof his enminality ImhjM be nrahiced. as would
(bat branch of Ibe Lfgisjatureou the illegality of; p.rijly and cxmvimicnce. and lua Senator would Justify bis apprehension and commitment for trial,
the. conduct of the. Problem, that tlie act of 1 1 0 1 deserve and receive tlie wfcrest reproof, who are a'danjrerous iiUerrerenoeV.f tile" Executive with
. . 1 II I . A. l 1........ .
mlit lo bo executed as it hiid alwuVs been hrro. ! ruwit nimiieii i.r a lauuitj io sin ine coimiih?! oi any jiieictn! deeiaions ; and that tlie compliance with
- ) piuiHe onarw, nv ine Kar uuu. no. souu uiua mu
i. ii T ..:J...:. i ru v dinuu hlv himvll lr Ihe trial ol an imneac
II ia HHf 'WIW IIIIIICIII .11 I III y IK uini.iuic .IS- I J - ,
' - . i ii i : . i i.. .!. . . . , .
snouKt one o utatuuwu uv uie uiust l!"tilire ol tlie t onatifiitional I.Mleneiuh-nee nl t he Ju-
dkial power, and exposes the administration thereof,
tn suspicion ami reproach." Theac resolutions wre
not adopted, becausn a majority of the House be
3
luTire.
utJ'jeoch ( and rvqneal on lhi part of. lheJudge
rn i of the Ihtrict Court of Sooth-Carolina, is a sscri.
seiuhly, as well a Judicial t rihiinal, iiuluiu (nwithe. r nwnt
h' restrained, Dirt merely to pnrttxt ttarlf from jl
interruption in the discharge of its duties, whence
irise the power to punish for contempt, lmt also to
remd any iuvasiua of its rights by thp oiher.de-
"li!ntnuuT.Uuverrtincnt 5 and when the Consti-
. 1 . ( 1 : ' '1 1 . - 1
Couiresa lhe same species of reason would for
bid the Senate tn vote for, or the President lo ap
prove, a declaration of war, lest thev alniuld in its
progress so fur lose temper as to be unfitted 10 ne- licved the conduct of the Preaiilent to be leirnl
gotwte a Treaty of Peace. : A Judge ijn like uwn-1 Btit ao fur as I am informed, mi doubt was exprea.
ilutiouhaa provided S wpee5m ilrtrnirmr-iw
.-A -. ,, , 1r J'-' ,) -- -: i, i Amm-tint will mr Jt watfati'leiiee. beine WSW) 4lrwi i .w) MMM-J,tMiiwkwl nmnm mrm aw-wwI-J a-awMa) 1
matters, it musi be JlseTf the jutlge'oit flie' qiit'Sioh',')
whether such an invnsiw has been mjt(l?tl N
' mild and feoble inodo in .which only it is able to re
list, eatt make n difference it may not possess
the power o eonipel the encroaching department
to desist, but. this does hot prevent from giving
the alarm and rousrng tha vigilance of, those from
' 'ham iJoverhment 1ta dejived its exirfVince,- Ifi
ihe other nwe of lhe LegiiOature- liou4.i Jmaa a
Resolution directing the public Treasurer to pay a
taitn of money to ah officer without' sending it here
(ir our concurrence, il would fM only be our right,
but our duty, to remonstrate against such a proce
dure. If his Excellency the Governor should draw a
warrant on the Treasury in favor of any individual
under pretence or mistake that an appropriation
tad been made therefor by law, we should likewise
twist that bv protest or resolution. ' The Govern-
'fir of thU State in 1919 appointed a judge of the ;
Stipertor Court to fill a vacancy which flad;eoncur-j
rel. witbouUW kuowledee.othe General Assem-1
tlv ."Thtriii thwtr 'sessfnn Tlve-Mle W-the Con
stitution authorised such an apmiiifment only when
tlie vacancv hanfiened "during their rccess" Tlie
legislature which next convened, pndiably concur
red in the GovernoVseoiuitrucjion; alHIue
" respflct for '"thai : disrihguwhed aiid pat rlirtTc Hingis-'
mte, (Gov. Branch.) had the General - Assembly
m cither House of it been ol a dilli-rent opinion,
dethe peswif wsfcfevire, being wiaxbU 4lrwl and many flivrtnirthed mrmerarw recorded agamat
anv but Judicial blow. II waa lhe inlcnlioii oi , motion lo diaLlwrue from their further cousr-
ihe rraineH oT our HwisJTlunori.lhat theT fSni0r; dernlirHirHere, llien, Is i"proikilion Tor litter
. .1 .1 .i r i i .1...:.. i . ...' i ' .
in x-Migress, io wuom inew mrwioiu uum-a miv censure, not ouiy on ine i resident, out on a juuge
confided, should posaes the hiuhest qualiticatKHis ol . f die l imed Slates, in relation to their Conduct
mind and heart ; but to guard against Jhe frailties jn f,c const rucfioa of a treaty, in defining Ihe limits
of human uature in its State, when thry put oil the j between the Executive and Judicial powers, and on
Legislative to'assume. the Judicial Tobethey are a dithcull queaiioa of admiralty law, retained under
required Xn take, a lie oath or afnrtiMitjist, to di-, cmmiderati.rti'near twenty Jays, and fuiuTly rejected
mrt their attenttimlo Ihe charge altedged ami lhe : ngamst' Ihe wtuhes of Allieit Gallatm, Nathamtd
evidence adduced by the other House, and as Aih-4 Macon, Jolin Ramhdph w4 others,-who lieve been
ful triers to make their decision upKi tliese only. ; quoted here as proper ex p.u tors of the Coital it ut ion,
It miiiht ptawihly hava been uwre proper to have ! I will only mention in addition to these the almiad
civen the Judicial ami Executive powers of the Se-' unanimous vote of commendation to President
nafe to some other b-alv, Isil it is dilncull lo cm- j Washington, when retiring from ofltce, (Journal
ceive how the superaddilion of thene shsild in any ! Jo. of llrit. ntl. 2, fill)) and leave it to candor to
manner diminish its power ol defending itsett, aim say, whether il they have a right to praise, they
the riirht of free examination into the execution ol have not a right also to blamej
Is it objected that these authorities come trom
-might they" not have reaolved that His Excellency
in making auch appointment had assumed power
oot granted by tne MMistituiion anq ns, m
tleroiration of bothf When auch a declaration
ahali bw made tnuat depend solely on he opinion or
- . a i I ' "1 .I'll iJT'
ihe department or body wtiicn Deiieves iw rigms w
kve been Irmlated, Froth the imperfection , of
man it mnv be' inanDropriatelv made, but the like
n. The Senate or me umiea piaies, uirrciore,
Wing a Legislatrve body, clothed with as mil Le
fislative powers as tha House of Representatives,
excepting in thetsingle particular of being unable
to onirinate revenue bills, had a perfect right when-
tver it was convinced of tlie foct, to declare that the
Preaideni had invaded the province of thalawma
i-irs and under olor of executing his constitution
I function bad assumed power which .belonged
axtty to Congress. Though inferior in number, and
flwugh chosen differently from lhe other House,
they are, with the exception before stated, equally
tWged with the high and solemn duties, not mere-h-
of enactimr laws tor this vast Republic, but by
hiyTOarytgilance of guarding from usurpation
tho liiss, and ammttdveiM on lle acts of Execu
tive officer of any grade, w hich, as lliave endea-'
vored to show. b"lonirto exery le gislative body
S?-a rigfetwhich .has bewn whwre exrc mtre
;reeiy man in me min i " " j
1794, Mr. Giles of Virginia, introduced sundry
Resolutions into the House of Representatives, cast-ing-lhe-
bardeK eeosure cd AkirlHaimltoiii then
SiJ'relar of rtie-Treasury, charging bim ,a mng
other thing, with neglect of his office and indeco-
1(1.11 IO ll.u .i.-.'u, ' -
tuo inestimable rijhts, which it requinaj
In 1796, a Resolution pd the House of Rep
resentatives calling on the President (Washington.)
to lay before the House a copy of the instructions
MiniHter. toiretlier with lhe correspondence
and other documents relative to Jay's ..treaty The
President in a written message refused to commu
nicate the information desired, declaring that " to
admit right in die House ol uepreseniaiive io
demand and have as 'ia&iM&V'
pers respecting a negotiation with a foreign power,
would be to establish a dangerous precedent." The
message further proceeds i - it does not occur that
the inspection of the papers asked for can be rela
;. tn anv ournose umler the cogniaance of the
iaoljseite
peachmemV which the resolution nas noi epn-.
id." And concludes, a just regard to the Con
Btitution and the duties of my office, under all the
circumstances of Thia case, forbids a compliance
.:U sAti mtniiAflt. n Whercuoon, Mr. Blmint of:
North Carolina, in Committee of the W hok, mo
ved the following Resolutiooa which were adopted
bv the House. 1 ; ' '
Raolted.'Thar.il being declareo" by Oe sewed
Tito" lliswe of Representatives aToYie T 1Ty friemt
from Bertie (Mr. Outlaw) haa'aditiiced a precedenti
of a like proceeding in Hie Senate, (ov. lintnehs
further comment now, 1 lie unanimous condemna
tion of the Postmaster-General in tlie same body,
at the last, jnssiOQ of. Cwgress, demonstrates even
to the Jinwilling. that their riff ht to do so is un-
questionable. But what power has the House of
Representative to was jwlgmwnt on tlie acta of
cxecuuve otucrra Dy rramnnin which is nut pos
sessed by the Senate. Bv the Constitution, the
House has " the sole power of impeachment," and
the Senate the sole power to try all impeach
ments.'" The power to impeach, however; does
not give .tha riglyr to censure, in any other way
man oy niing a criminal iinorinaiiuo to oniig
oflender to trial before the otlier body. It is a
power to indict an oflbnder, but not to find him
, guttly. .Ytt the Resoltittons; before stated both be
gin and end the accusation, both charge and con
vict. They cannot, therefore, be traced to the
impeaching function of the House of Representa
tives, but result a an incident from their legislative
authority.
I regret, air, that I have felLolJigeJjp-jdelauLlhp
House thus long, in endeavoring to demonstrate Ihe
right oT the Renute of The United States to declare
its opinion, whenever it shall judge it to be proper,
of Ihe official conduct of the President or of any
to consider this right of all legislative bodies as one
of the elementary principles of freedom, ,The
history of liberty for at least eight hundred years
in Great BritaittmlM an almost eorwtant strug
gle between the Legialative and Executive powers
"i xioYrnnneiH ine l antanwiu uiMatmir un the
right of I lie people, and the King aaaertina the
H original, uocIhs k.d Executive powers' of inon
archv. But ever since the aMwmhlage of the in
flexible Barons at ltuuiiyiioV, lhe right of the
lormer lo sprak their mind freely nf the rondocl
of Iheir rVrtrereign, if H ha been denied br Ihe
flavea ol courts, baa been exercised with the bold
new which la hsigs lo the volarie of freeiloin eve.
ry where. A far back a the reign of Henry 3.1,
we are t..d bv hiatory, that in full Parliament,
.mm W
when Henry demanded a new supply, he wa ots-n.
ly repruached wiib a breach of bis word, and Ihe
frequent violations of the charter. He waa asked
if he. did not bluah lo ileal re any aid flora his iwo-
pie, whom he proftHMawlly baled and despised, and
to whom on all occasion be' prrfered alien and
foreigncra, and who gnstne.1 umler the oppreaaiona
w hich he either permittel or exerciawl over them."
Hum, 1 Vol. 345) Tlie famnua Vrhlxon of Right
waa but a ileduralion in indignant terms, thai the
King had exeiriaed prerogatives unaothoriacd by
the Briliah lsmtitutiiHl ami in r.silraventiisi of the
righla of Parliament. In the latter )eara of Charles
lat, the Preamble is" a bill lo raixe aokhera, denied,
he King 'a. right to irnpnaa aubjeel into the mill-1
tary service. Charles came lo Parliament am)
i Ifcred to aam liisi the bill wiIImmi! the Preamble
" by which iis-uim, he aaid, that ill-liuwd qiH'lii
with regard to tlx; prerogative would lie avoided,
ami the prefeiwiisia of each party be left entire."
Both Houaea took fire at the meaaura. Tha Lord
at well as Common! passed a vote declaring it to
Is- a high breach of privilege for the King to take
notice of anv bill which was in agitation iu either
of the Ilouae, or lo express Ins sentiments in re
gard to il before it was presented to him for hii
-,' ft-r ".I ' . ...
aaaeui. . pucn. are the terma ot denuiK-iatKm m
which tlie legislative AaaeniblieaofEnglaiHl were
permitted lo apeak of llieir monarch before tin'
rights were nrmly established by the Revolution of
1()nh. Hrnce that period, (he moat high prrroga
live Tory has never breathed a dubt of such I
I f a - ....
rigni in i'ariiament lo its In I leal extent, lint it is
vehemently contended here, that one of lhe Houses
of the American Csigreaa, lhe. Representative of
the whole twenty-four Stall's, has no right lo ex
Uirea it opinion, that the President of the United
Statea- hnd asaumed powers which did not belong
to him, but which were by the Constitution confer
red on the Igialature that their mouth niual lie
scaled as to all bis acts, except when opened Cr tha
ascription of praise, and that if, in an unguarded
moment, umler the impulae of the spirit of freedom,
fTievhave vchturedio question the legaJTiy of a
single one, the moat Ivssired sons of all the Stales
moat be bumblod not merely to confess I heir sor-
row, ImjI lo umio Ihe deed. "Bif, I appeal to every
A merican citizen to - aar -whether the prtwera of
their iTestoVnt ire more oaolut than those nf a
Rnttah King, or wlietlier llieir Cong mas, tn -either
Haiats has not the right, to ajieak of the former
with a freedom at least equal lo that of lhe Lord
and Louunoiu) In reghf d to ttio latter.""" " hyj Sir,
Ihe expression contained in the Resolution of the
SiMiate, re.specling the President, js high commen-
dution compared with tha censure and animadver
sion, which for csnturiea past, the two Housea of
Parlinment hare hnmtunllr passed on a Kma who-
according to Ihe Iheorv of that Government, " can
do no wrong." The lezitimate onweraof lhe Pre
sident are tremendous enough. To sav nothing of
the cniei command of the whole military foroa,
and the negative on acta of Legislation, the power
tfpoii4 forty thooaand olfiearw, eompensated by j
salanea of many millions of dtdlars, and compria
!.fiiln. fiowKmTaJg
to remove Iheae again at will, and the power to con
clude, with the concurrence of the Senste, all trea
ties with fueign nations, are quite as great aa tha
jcaluuaspirit of liberty will (ceord lo any one man.
Add lo Iheae tlie claims mceiUlv set up of control..
log all incumbents while in nflict unler penelty of
fniov.aLaVi4.4hJpiAiB
any. tiling to bo done under tlie form of lawi isf.
the entire custody and control nf Ihe public trea
sure ; and fordid the Senate to question any Execu
tive set, and a perpetualxlictatorship ia established,
" to take care that the Republic shall softer no
harm;" to be sure but this also implies lhal it shall
receive no good unless' it so please the Chief Ma
gistrate
Mr. Speaker: It may possibly be unfortunate
inai any coiuaion siiihiiu arise nei ween any oi ine
branches of the federal Government ; but mr,
not to be encouraged, they certainly ought not to
tainted breete," ha haa given lh alarm at a p
ioand aaaaull on the Cotiiiufi,and rualied to ll.a
rescue. Had he, I hough fully cisivinccd of the
apprtaxcliitig attack, ubaened a cowardly silence,
or baaely cried u all's well," placed, as be waa, high
ou the wslchlower of our liLerlies, be would Lav
deserved the deep execration of his country qen.
And will thoae ihrrn, who, tbrajgh believing this
dungcr imaginary, admit that liberty-ia to be pre-,
served only by perpetual vigilaocf, deatmy 'that
vigilaiare in Iheir own aervanta by inflicting degra. .
datum and diagiacal Will freeiisra llwmacliea
M pardon mshing to tha spirit uf liberty T" Sir,
men are nut prone lo desert the ranks of power and
palnxiage, or incur Iheir displeasure. , Il is far led
difficult lo flit. iu a current than tn stem its tide,
ik1 the public servant who exchange adniinUtra
lion tiir opaatitiiaji, must be excused at least from "
Ilia niotiva isf preaeot reward, and ilvHild 1x4 b '
lightly condcmiH-d. Ilia tendency of tle aclfiah
paaaiisM to prefer the side which dispenses ofl ct
and eiiMiluiiHni, ia obvioua to all and all history
will prove thai far more Hlat.Hunen have betrayed
their trusts and haaelv auld tlie inlereais of their
riMiatitjieuia, by going over -to lhe Admiuiatratijin,
than by leaving il. IWware then, Imiw yiu reprove -the
iiMlepeialeiM-a of yisir Representatives, leal yea
eiN-iairaga tlK-in to prefer iheir own eaa and ad."
vanceiiM-nl to their country good.
Sir, I have thus far said nothing of the partlcu
liir riquiremenl which theae Iteaolutiisis iniix
The nVrnaml of ir Senator to a know bilge h
error, il not the filH:hoi'd, of an pim rxprewed
on his oath. Every put.lic srnaiit U rrqufred to
take an ouih lo lhe (malitution, ia order that tha
gnnt piimipk- if justK and liberty, which it
en i la idles, may be kept inviolate and whetwvrr,
by word or deed, be di-ciih a const if lifiouaj quca-
liisi, the eye of lieaven has been railed to witness
hi s'lmen'tyi iHl.duine vrncauce iuiprecauxl, if "
he ahall fail toexpreaa lhe hottest couvuliua of his
mind. Nor is this all. If it be true, that it is a
psit of legislative duty, to observe the admii.is
tratioii of the laws, and to declare wherein they
have been miinteqreled or m snpplied, every le
Eislnlor undertakes by hi oath, to make auch dec
ration, whenever be believes that the Cisnatitutinci
haa been materially violated by an Executive ifll-
cer. vnder this high sanction, aa well as patri.
otic sense of duty, was lhe Resolution of Ihe Sen.
ste pasand, and tlte vote of Mr. Maiigum given.
Tel, we are about to command him, to aver lhBt
ibis Reaululi.Ni ia out merely untrue, but unworthy
to remain among the records of tha things that
once were done. Really, air, it would seem to ns
equally proper to direel b7iuio volTr a resolution ,
asserting that none such aa this obnoktoue one, of ,
tha last session, ever bad pasaed. Thai would re .
quire bim expressly to toll a Cilachnod. T1iis, re- -ettlrea
bitn loMptrea Ihe truth Thai would ak i
hitp lo declare the nou-x iateuca .of a lact, whicb-
rjghU of. the State are surely m as Tittle flartger iremtne nwtwscnw at-.i antngton, ttuU all
. . . . " .1 ll I S a l.lfB I tl a
from the disagrernssnt as from the combination of
the departments of tlie Government to sustain, each
,.5!LrM..S'lJ!SnJ!,!. 5J.!?..H,,l'a'ureL0' biale.
should be the last body on earth to degrade or re.
strain- withi.4muroiier .bounds, the. Senate of tha
litnon. ii ia me great paiiaoium ol lite rights ot
the States -on that theatre only, do those sovereign
communities meet as equal. , Bring this into con
tempt or destroy its independence, and vihi rear
, - i i . i ii
over our neans one consounaieajL'Overnmem, con
sisting of a siugla National Assemblyrand an Ex
ecutive, chosen alike lijr the wniile peVijile of thii
Union, and limited only by the will ol the great
majority, The check and balance of Hie system
different States obliterated. Does it become us
then, even if satisfied .that the Resolution of the
Senate was erroneous, by this harsh-denunciation,
to make war on the depository of rights so sacred ?
Against the present power and patronage of the
Executiver4ittaido44Hegislelive-interferenec,tlie
Senate cannot stand, unless armed in a righteous
cause. YVhv then are we invoked as allies I liut
is there no feeling of Carolina pride which would
shield our Senator from relsike, even had he ex
pressed an erroneous opinion ? What is the offence
with which he is here charged f That he has slept
upon 'his post ? Oh no i it is that he waa too vigi
lamV Possessing something of the spirit of those
rncn u who snuflcd the approach of danger r the
all the world krtowa to fttatirLTbis commanda bim v-z
to destroy the best evidence by which it existence '
is proved. Is it expected or oVisired, that he ahall
oliey fliia mandate I . Can be ip it, without 'tliJ
lowest humiliation, and infamy J. And can honor
from disliomir grow T Can fkme from infamy pro
ceed I Can we make disgraceful requisition of
him, willnHit disgracing ourselves and the State f
BuLlhcse consequence mutb disregarded, and
lhe legialative- history of llie'couiitry iiiutilsled,-
not because, in the language of the first resolution,
we. shall tliereby illumma bis mind "upon anv .
great question of national policy" oreoiitirnf and "
strengthen him t in time of public emergeticv '
but- because w ptMce tnay be thereby vacati'dv--
IiislruclioiBj, it would seem, should relate to a future
imtltirfTiprin"great question of natiororl nolicyj -These
however pertain to the past, and if implicitly "
obeyed-eau uly-Cbiify the Journal uf lhe lad tea.
ion of Ciaigress. Sir, the J.sjrnal of a Legialaliva
nernhly is ita autobiography- ts lilt wiilteo
byltaelf."" Whefhcr well or ifl,that Vhicb Tnntrr
really done should be truly noted; --If ll.e act
which it records be" wise and juat and bciu-f.cial in
its couacqueucca, ill "i hictnorLl t() the hriu and 7- -wisdom
of its authors; if otherwise, it confers on -them
aa immortality of a dilli-rent kind. If the
charge contained in the resolution of tl a Fenale,
be untrue and unreserved as regards the Preaident,
the imputation w ill culy recoil on themselves, Uih
in the estiuiafiou of the prchcnt age and of rxste-rity.-
But how futile and ineflectual are I hew te
solutions in attaining their appawil ibjectT The '
Jenwahi of tfre freftebabee prniteo er-
tributed tn all our public libraiiesaiid btve goi,a
forth in Ihe daily and weekly jpapers to the end of
nai ny motting i til
f-.r."W.. W......
will be destroyed, and this horrible Resolution for
R"S5 .'JJJ?? MrMistorj fcf a winglea
biirdrw1iicKTaliuhted for its plumage, and when
hard" prewed by-the- hersentarrw,ineThijidef'TO"'
Ifi head in leaves and vainly suppose that He w hole
Itft?tiirea1cd2r3
by these Resolutions, appears to me, sir, lo be
founded on a like vain supposition. As well nay
we attempt to gather in all the leaves of tha last
Autumn, as to destroy the notoriety which that "
Resolution has acquired, : -
Bul Bgaitn W w baf ifmi&Mi1ftxfw
gmg to be given T un,a, rewdution, I presume, . :
to be hereafter introduced.;. And will not that
?3dHtioo rUe tho Dtie4a bo
its existence as often aa it may be destroyed f Let
us see tha practical operation of these instructions.
Suppose them to have passed, and Ihnt some "learn-
ed Theban" in the. Senate of the United State
has introduced 1 resolution "decs ring : flia a Reso, 1
trtiornir the tost sirtfl tn Ibe" ronbw ing to
jt, Ac. be expunged from the Journals," (it must
be recited to ascertain its indentity) and that this
latter resolution haa passed. Tlie Journals of the
previous Session are brought in, and that execution
may be" thoroughly done upon th pffemling1 menu,
script, the Vice-President, by whitening or black
ening, annihilates both its body and spirit. This)
might be considered aa fc not' "unsubstantial
death."-Bot onthenextmqTniny.nhen the Clerk "
"4
ar:.