Newspapers / Newbern Sentinel (New Bern, … / March 7, 1834, edition 1 / Page 1
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i I :f -MVV-.-I v:-i ..:-; ,'.''1. 4 -.T ' -i v- ; .' -i i A - , , ;j - , , ": ::-.s:r .;:;r;.:: CrMS tMfc k ;;,NEWBS; iMAk 7,1834. ,' : :m k:;p4;::Vk;:rr : : J - -,r- --;P- k: 'j ri I. t r if if: i. H at m M jl ill till, he be m OS.' ral fori n r the N ex-, ;ral r4 th by iata .ece ib!c 'tbc ftlio. rity. deny i i f PUBLISHED BY THOMAS WATSON. J- L TERMS. ollars per annum, payable in Three c advance. REQVALl OF-TIIK DEPOSITED. SPEECH ut jm. ni &'ksjt r n.ijiiijLt YcoNCLtTDED.V ha rUa The honorable Senator from Kentucky j .-. 5-. ... , ken exception to the Fresilent7s reterfence Df the Constitution which declares " tl bthR plana. rFv c the President r- u shall takejcare that the laws be faithjullvi thp- Preside nt having referred to it as giv executed ;'V xecuted cr hjni the t and ope- fin I power to superintend and direct the conduct and i fations of the Executive Depa r t merttt?. The 1 ;";'-Vabi'Senf.tor'cin!e.nd8 that the true anc sole o hono- )peni- tion of thU clause Jis lo empower the. President, when .k; nva Hrp. rirrih v resisted, to overcome mat resis- tarice by fonie. tie says that he has made, and caii-) td be ibadeL numerous researches mtdthe contern- 5r-i . i4 .-I..: vcL-. r ;:...: J' ,i raneousf constructions ui uie-vyuiisuiuiiuii, aiKi.inai ban fi nil nowhere any color for the President's in XwMeiaiiQn. Now, sir,' I must be permitted to say lib vif -.--i . . i i : that' the lonora?M.V Senator's interpretation of this clause' is fir morejlatitudeharian than that ofthe Pre eident, and ascribes to it Jan operation infinitely more 1 lie President,. sir has no ui iiiivrV Mu"rF ..him OonstitutionJ to execute he laws force. This depends' upon Congress, to .vhoin tbrapipwerjs'expr'egsjy'jEfivcn'l the i it i i i a to e xkc u t el th e la ws. &e. .It is true the P re- Si lent, hy the CaWitutiont is ! Comniahder-in-chief bfjibn ri,y Hn navy, and of the militia, when called pnlo ii' tn;i! service ';:r'biit,a8such, he is a merejnstru meiit in tlic hands of Congress, by whom the objects an 1- pufp4 -sesfor which hie is to Employ t le forces un tier lm oiunand jmust first he"(Tesirfiate!!, A VtT he. "oit ruction of t he " honorable ' S nator, then, is one of far moredangeroii latitude thai that of the Pres'rdenU The plause in question, sir,- an have no rlyrf ncefto the execution ofthe ; laws by force, which U am alter ex iclusive ly umler thecontrol.ol Cougreiss. It raurit rf.i'r to the laithlul execution ohthe laws by m her mP irs-n-by X he i nt e r yen t ion of office rs a ppoi n fed for the puf pose, whose! fidelity in the discharge; of their duties may be secured by the superintemlence ofthe thiet Executive officer, eaid.that. i h the-v'a rious a he honorable , &ena.tqri ps esearches he has imide, ahd caused ioi.be made, he has lounj no tracje of this con Istructionf If he Had tiitcen the trouble to 'urn to-tihe' ; most obvious source of information on f Uhe protiwdi-ngs and debates of the first le ' subject Congress pn Ithe orgjinizatiort of the Executive Departments could not; have laued to see that this cu iuse was ap- 'pealed toj in the sense and for the purpose which th r Senate, bj r legislativi e rresident nas cone. I will not iatigue t he. y nwitiply :.;v:,- p! a portion of ou e in4 -contih :t ional h istorv, which is, doubtless, fa fn. il- uf to the minds of all, hut will content myself wi th 5ne lo -brief Extracts, from a speech of Mr. Mad am on til it o.-csion, an authority for which I know thi ho!irir;ilIe benafor .rreni Iventuckv entertains, ias 1l ml ihsVliiff'hesf resPct. . : While diiecnesiiig the. " I. : : .VI'!' i' ' i t: .!. I " I 1 1 T I qtji stioji o! t V resident's power oi removal i rom omce, llP 5 U'! ,'C'iit tierefisaiiother part of he Constit u- lion wlilcii inclines, in my i: ' :i .! t i i. r v. iudgment, to favour ie cn?"iruai.i()n i put upon it; the Fresident is required to litjif cure tliat the laws be faithfully executed.' If the ilu't v to see the laws faithfully executed be require nl the hands'' ol the Executive Magistrate, it would tTeiw.tlvat it was cenerally intended heJ should ha ye that species of power which iss necessary to .ic.com iiit-n tnat end - mow, ir t ie officer,, when once np- pointed, A not to depend upon the President for fjm olficial existf lice.: but upon a distinct body, I confess 1 do not see holthe President can tale care that the laws Ik; faithfully executed." - : : ' A(ja(n, in the same speech he says- "I concei thar the President is sufficiently accountabfe to t -e the community ;$ni if this power ia vested Sn him, it vv II be v4d where its nature requires it should be vested ; if ny thing in its nature is executive, it must be tint power i which is employed in superintending, and wring that . the jaws are faithfully executed ; the. laws cannot;' be executed but by officers appointed for that pjrpo.se ; therefore, those who are over such officers natqraily possess the executive power." j It is obvious then thiat MrJlMadison viewed that clause in the light in wnicn it . naSjDeei referred to ty the f resident ; that jh'e failhfulj execution 'of the laws committed to hirn whs to Ke effected by i." officers appointed for thfit purpose," and that fidelity in the discharge of their duties jwas tohel secured by a pbwer of puperinteiji deuce land control over thenOm the pari of the Chief Magistrate, who Kvas made responsible for their con duct, and special ly charged with the duty of seeing the laws faithfu ly executed. ? '1 i I will nowi MrPresident, advert to an argument tl the honorably Senator! from Kentucky,) whicji, l coiifess, st ruck m with particula r' surprise. In order to sixain Jiis position i that the Constitution had not given the President a povver of superintendence and control over ihe Executive Department,he contended ithatih certain cases the heads of those Pepartments1 w-e responsible to, and pompellablej tojact by, the Courts of Justice ; and in support of thib principle, he geliedf ori tlieyecisiori of the Supreme Court in the ase)f Marbury and Madison, an extract of which he r?M to the Senate. I was the v,6re surprised, sir, Jt the doctrine !and the authority conjillg from the Honorable Senator Qf Kentucky, because he professes nijirieefeh to he creed of the republican party , of v !ayUam yet i may b6 confideritlirjaffirmed that ther never was" a decision of that tribunal I which RaVe;raore dissatisfaction to the rennhlican nar than ha't-jid,1 and especially to the great chief and-leader l the party, who has recorded in various-parts of his tVim!. a. J . ! - ..' ' . 1 i" ' j 'I'lMiime mopt earnest, and energetic condemna tion jof it. Y With all the.deference entertain for thatexalteitrihunir. I must aa that the doctrines of fuaroury and Madison appear to me tiinable, and such, I believe, would bd of all parties at the m-esent dav. Tl ftf , . - - ... j r- . , ,. utterly tinsus- the judgment he senate, sir. doubtless recollect the circumstances of the case.) Mr. Adams, on the eve of quitting the presidency), had appointed, with the concurrence ofthe senate, nume rous (officers, and among;bthers, certain justices of the Peace for this district. Their commissions had been signed by hirnj and the seal of state, perhaps, affixed t0 them j but they had not been delivered o the par t'when Mr. Jefferson came into office. I, Mr. Jeffer son finding them still in the department ofstatewhen he vQcceeded to the presidency, and bonsidering the aPpoiiltments either aH fimnrorer in themselves, or properly madej and that commissions, like deeds, ft,'fe incom nlpYo miI fAvnnnWo till Hlivfrv. deter-! l iorwithhold themi The parties applied to tjhe preme court for a mandamus, directed toMr. Mdd-r ' hen secretary of state, to compel the delivery 'thti commissions. The court decided that, though theJ had no jurisdiction to grant a mandimus in the ca4 (t not being embraced among1 thoee'C cases! of inal jurisdiction committed to them,) yet that the parties had acquired, by the signing and the sealing fhe commissions," without delivery, an absolute and ie??al right to the offices in question, which thight be c orcnd aorainst an indenendent department of the fVtrnmenl by a judicijal tribunal. f niiijleave it to Mr Jefferson in j ib iu 1.111. jLiiciouii vt - his own strong Wireand with afeasbnW which anoears to -'"resistible, to ist;Fu u . . ' AnrJMk ! "e nator lrom Kentucky. In a letter addressed to , . r tr'- -'omeyol the United States for the Dis- 1 1 j'k V"V"K progress i ourpj inai, at,Kirhmond, he Writes thus: . . V j I ( 1 observe that the rase of Marbury vs. Madison I ' tl c"' ."na 1 in,aK 11 material to etop at. the oo auuiuniy aim w 11 ucuicii u ue law., i. r5Pcans tn hiktm in i l,1fuulsch uis mimea an cogrniz?inceot the case ; at-1 , i"vu'"Vir uif-n went on 10 saywnat wouin navel heen their opinion had thev I had cob-nizanpp'f it. i m . ; , , . ! J-"' . r- 1 A P,8j ine" was conlessedlv an extradudicial opinion, . - i : ;- , . - . . I . . I If" . sucn, oi no authority.1 2. Because, had it unjudicially pronounced, it would have been against ,aw J fr lo eommission, a deed, a bond, delivery is tn.t'aj to flriVe validity. Until, therefore, the com- ju':muypronouncea,it would have been against mission is delivered out of the hands of the Executive and his agents, it is not his deed. He may withhold ,ye three ffreat branches fof the government . --i , I ' ruiudie, aim m jepetiaeni 01 eacn mner. i As to acts, therefnrp' whh nrt&in ho ilnno Kw either : .-; " v j 11 : ,tF,vn no cPntro1 10 another branch." 1 , ; I A nt-, n.xfcuiivf ann .oena.te act on tne construe- vvasutn merely accidental,;it lssufiicifntly explain tioh that until delivery from the Executive Depart- ed by the different organization of the (Treasury De iik ui u i vi.iiiiiiwiuu i& in iiJtrii jjiHHrcttiun rtiiu wiiiiui i information of ithe unfitness of the person, has come tq hand before the delivery of the commission, new .,it.J.: i': .L'i.' .. Li. '' .. I'.J 1 1 ' 1 iJ tiyuiiuaiiuus nave Deep maue ai.u approveu, auu new commissions have issued. . i " On this construction, 1 have hitherto iacted; on this l shall ever act, ana maintain it with the bovv- f the government acrainst any control which may be attempted Ity the judges In subversion of the indeDendenVe" of the Executive and Senate within their pahicuffir deparjment."'- ' j I , 1 his answer ot Mr., Jefferson,- sir, to the Supreme Court, appears to me to be conidusive arid irrefragable, It shows that the dofttrine of Marbury vs. Madison vvas wrong, noti merely with' regard to the merits of the particular case, but dangerously wrong, in a no - tper asptct,m assertjng la claim of the judiciary, Madison, who, lorthat reaspq, proposeiJ. id modify dif (ivhJdh is now reiterateil , by ! the honomble Senator ferently the: tenurofhis office. The same idea we from Kentucky,) to control an independant branch of the Gfovernment, in ,matters Confided by tlie Cpnsti- tion to its separate and responsible action. As this ast aspect of the fetision involves a question of the grayest import1 one affecting that fundamental! priri- c'ple notUTierely of Our constitution, but of free go- vernment in general,! which prescribes the separation and mutual independence of the three great Depart- ments, Legislative, Executive, arid Judicial r a ques- tiqn tooin regard to .which the imputed opinions of the present Chief Magistrate have been . freelyi'com - mented upon in the course ot this discussion. I bet? jermissioii of the Senate, while I have the writings of Mr. JefTersoii in my hand, to read what was uttered by this great Republican oracle on this important subject.' t In aF letter addressed by him in 1819 to Jbv'ge Roane, himself, one of the most profound cori- siitutional iuristsof oiar country, he expressed himself thus: "My. construction of the constitution 4 very tiitit reiii i rom mat you quote, i' i&, mat eacn depart- i-r .. . r- i . - :. t. ! i . . i , r e'oual ri?htto decide for itself what 'is the rheaninfl' of the constit utloh iii the cases submitedi to its action : ana eeDeciai v wnere it is to act u timate v and Witn- f. t ' ' ' 1 i I . ! ' 1 . - '... . I nut anneal. I will iRxnlain nivself hv imnW i r ' mf i. ; j . - r which, having occurred while I was in office, are bet- ter known to me, and the principles which governed "l ir J' I ..j them. A legislature had passed the seditiori law. The federal courts had subjected certain individuals his office, &c h is this circumstance, it seems of re to its jnalties, of fine and imprisonment. ! On coming portjHg to C)iigres3 whichj is considered as divesting into omce, i reieaseu tne nuuviuuais oy tne power oi bardon committed to Executive discretion, which could never be more properly exercised than where citizens were Buffering without the autlioritv of law. or, which was equivalent, undera law -unauthorized hv th constitution, and there ore null. In the case of Marbury and Madison the federal judges declared that commissions signed and sealed by the President, were valid although not delivered. . I deemed delive ry essential to complete' a deed, which, ( as long as it remains in the hands of the party, is as yetnp deed, it is in posse only, but,not in esse, and withheld de- livery ot tjhe commissions." Yes, sir, J, the President, not the Secretary, withheld the commissions, f They cannot issue a mandamus to the President or lemsla ture or tq aiiy of their officers (the constitution con- trnllincr thp mmmnn law In thifhartiMilarIvi iWhen the British treaty of 1807 arrived, without any p- viainn ntrainst imnressment of Our seamen, I determin- kd -nnt to ratifv it. The Senate thought I should ask their advice. I thought that would be a mockery of them, when I was pre determined against following it, should they advise, its ratification. The constitu- tinn had mad their i ad vice necessarv to confirm a treaty; but not to reject it." , This has been blamed by some; but I have never doubted its soundness. I In the cases of two persons anteriati, under exactly similar circumstances the federal court had determin- thnt nnp nfihom mnn) was not a citizen : the House of Representatives, nevertheless, determined tnat Uie Otner, Omitn OI OOUUlaVcirUJlIia WUS awil- Tpn and aHmi'tted him to n seat in their bodv. Dnnnn was a republican, arid Smith a federalist, and these decisions were during the federal ascendency. These are example? Of IUV position, that each of the three removaDiuty isaeciareajauie ucicauMK u i bna ermadlv the riht to decide for itself sury Department, m identicaUy the same terms and ,., A.--1 V:..,., w what lsitsauty uuoer uie-cuu5uiuuun,,wiuiuui i Chief Mae istrate has si nned a gai nst Constitution by any doctrines which he has advanced, or is supposed to entertain, on this subject, he has sinned in company With the great apostle of American liberty and of the rights ot man. 7 1 To sum up then, in aiew worus, uieictuiuu has been said, I think it has been shown that, accor ding to the Jtrne theory of the Constitution, the Pre sident of the United States, in whom the "executive power is vested," is, made responsible for, the conduct and procedings df all the Executive Departments that as a necessary consequence of that responsibility, he has a constitutional right to inspect, superintend, and control, the operations of those Pepartments- and that at the verv organization ofthe Government Immediately succeeding the adoptibn of the Constitu tions the correctness of these principles was ac knowledged in the most formal manner, and alter the r.-.HA llcvnmn hu an ATnlir.it relioffnitlou. of the IUUW "j . . " I'- r .1 ... I I ( 71 KJimm mm W V A B - - power 01 tne r resmeru to remove . " CJV jud rment ofthe president in doing the execuUve functionaries of the Executive Departments-a pow . Waffi he may be displaced.? i The holi er which has never since been questioned. dunes 01 uis omce, uo uifj r Southard V But to avoid the application of these -principles to orab e Senator from Jffi; the subject under consideration, the extraordinary who .spoke a few days ago, cited g'JJ noveltybeenadvancedthaUheSecreta Treasury is not an executive pmcer. now m- ,u.Jf- '-"'-rr"-:" V" -;r-:- r. . ,t nappeneo, iur. x ..ucut, wuxw ..u h- the Government tame s presentoay, ne nas we uaumM, "Z-;r:7-7W. we .riraw.u m.w - - rr7ll.' lL ij.viiiinnt ni mo 1 n mi rM;iira ri'iiinrr; 111 iitiu we know nas oeen oueii uuue ting upon subjects relating to the duties ol hie office, which the Constitution authorizes him to do only ine 'ZJZnr in eb of thd Executive - r i ni.HAh t h a yinfi li ni Kill iiiiLi iui 111111 i tu uu "IC the most familiar facts whieh have been nasain U- der our eves, for pearly, half a centurV, in order to eusiaui uieir nvei tneonesY Un what, then, sir, is this new doctrine founded, that the Secretary'of the Treasuryus not an executife officer Is itthat in the mere title ot the act tor the fstablishment ofthe Trea ui; cjjomucui, uiiu noi nappen to be styled Jan axecnuvp npnanmpni Th. r.. ii -i-tiii. ment 01 otner in me; act to . . : u , . m-r. nominated the Department: of V . , I ! - - ..UU ol the btate and Navy Departments,, -while the act ai, auu o i iiKcwiKR ior tne estanjishmentol the Treasury w simply styled for the establish ment ofthe Treasury, iesimply stylei in its title, u An act to establish the Treasury De partment." i ; I 1 J 1 .' . L IXovv.sir, it thta difference in th tUU was not the result of mere accidentas I am inclined to think it proceedings, down to the very passage otthe act, (after which,, accoraing 10 tne preliminary custom a iormal Ipntrv ismai!pnntho;Ani.nol!..k:,(r i - wivjUi uai iuib cucti-p wuw cu mai the title of the act" be so,) ffj pir, I say this difference pat tnjiriii, uiupai cia Willi lljjp Olner JeprlllJelllB. iiie undej" him, to perform, as he shall dirept and arrange it, the nusniessot the Department. Buti on theloth- k-L'j1!.--: '. r 'U' m h T I ci liafli uie organization ot the l reasury uepart- ment is complex and diversified. It consists not on- ly of one principal officer,! the head of Ithe Depart- menti and his clerks, butol various dtheM officers' of a high fend important grade, whose resbective function's J are classified and arranged! by the law itself such as the Comptroller, the A udittir' the Reaistler. tbeTrea- surer I The functiohsof sOp-e of those officers, of -the Comptroller and ofthe Auditor tor example,! seem to partake somewhat of the indicia! character: and it will he seen in the debates. )n the organization ofthe Treasury Department shat this idea. Was suggeste'd 1 in retitlon to the Comptroller particularly, by 'Mr. have seen it stated; in the rife wspapersj in regard lb tht character of the Auditor's functions, has recently furnished, in mv own State: the' flrioiihd of ah able and ingenious argument against the iconstitutionali- ty of a particular act of Congress. The organization ofthe Treasury Department there, embracing offi cers of this description, whose functions appeared to partake, in a considerable degree, ofthe judicial chaf- acfer, doubts might have arisen- as to, the propriety of demojistrating 'jthe whole Department an Exec- 1 utve Department j though 'certainly in regard to the head ot the .Department himself, his lunctions are ob- viously and exclusively executive. v '.' I I What sir are those functions prescribed by the act for the establishment of X reasury Department ? To report and prepare plans jfor the improvement and management of the revenue, &c. to prepare and re- port estimates ot the public expenditure Occ; to su- perintend the collection of the revenue i to decide on i --i. - i:. .ri::.!j .i jlj1 . x o - j k tne lurnis oi Keeping auu satiug accounts, otc. uiia io suryJin pursuance of appropriations by law: and to execute services relative tq the"saies pr public lands, I O II I. ' r : I t '4 - ' a. I 1 1 L oc-c. i nn tneee lunctions, i tninK, sir, must oe anow- I n i- ' v . I. ed to the Executive. The on Iv other dutv nrescribed . .-n - . y. - --- - - J J . , i T "I ' . -T by the act is to make report and mlorfiiation to either branch ofthe Legislature,&c. respecting all matters referred to htm by them, or which shall appertain to chaTactef of an ic wcioiaijr ui hjc x icanuiy wi nro.j Executive officer.! But, sir, does riot the Priderft himsell, the chiel jUixecutiye omcer, report to Con constitution i to ffress 1 Is he not required by i the I" give, from time to time, to Congress, information of the state oi tne union,- ana to recommena 10 mem such measures as he shall, judge necessary and expe dient i, in" other words to report to Copgress both tacts and opinions, just as the Secretary of the Treasury does 7 Do not the other Heads ot Departments, also report whenever required, to Congress ? Are hot resolutions adopted almost every day in the one House or the other, directing then to report on some matter or-other 1 . :j f i ... The circumstance of reporting to Congress,1 then, surely,cannot divest the Secretary of the Treasury of the character oi an Executive othcerj; which charac- ter he has borne in the practice of the (government, and in the understanding of the community, as well as in the view ofthe law! from the adoption of - the constitution to the present day. As little, sir, can the omission to denominate! him an Executive officer, in the rnere title of the act establish Department, ofwhich, he fornis a partJ have that effect, (explained too, las that omission is by the circumstances to, which I have adverted,) if the functions assigned to him by the act itself, be, aslthirikall must admit them to be, Executive in their natrire. But there is still another criterion, if another were! necessary, for ascertaining ih character of hig office I mean its I tenure. (The vijr uinic iicaeuy uiuo hip ymw rvv. Iv the same tenure as every other Head of a Depart tiient. He is removable! by the President precisely in the same way as otbef Secretaries jure, and - that manner. thMttbftreniovahilitv of the other Secretaries 7 ::j . .,i -I ' -.:,.r the circumstance of their, being Executive officers or otherwise. All Executive officers were regaraea as exarcise of that Executive power which the Constitu tion had vested wholly ih him, and as such ought to Ko onrt nrAn remnvablelbv him. at pleasure.1 The mere, asaisianis anu euusiiiuicu ui tuc , itmui.ni act establishing the Treasury Department, therefore, in expressly recognising as it does tne reraovaDiiity of the Secretary of the Treasury by the President, virtually declares him io be an Executive officer. The power of removal, existing alike in regard to the secretary of the treasury and the other heads of departmentsmay be rightfully exercised for reasons so various that it is impossible to reduce them to any ififtation. The nresident, who possesses the' power, is to judge, in the first instance at least, of thft reasons lor its exercise. iu tuc uwa. L I frequently appealed to on this subject, Mr. Madison t . mil i : j r - kr.11 nn cnn form J (t If .it si npan ni iiKiRiriuiciiii siuui w v..v. -Y i ka net doobil it; buti I nublic officer, i Sir, 1 do net uoopi ; out oeg L r 'm in Ppm:ni the honorable senator of a correlative -r 0nton jllivd by Madison the same occa- oiirnrlP.tinftoreoTOvea " , w . . . l . a 1 . r.' interest demandea ic Ana mis, sir, eurfeas he true mode tif testing the question which sug .fthe pdent's coristitutional power, elkrv of theireasurV. for his re! r i- - f . : e 1 . to remove the late eerearv ;iuexriy, ior ms re nat. in ths laniroaiffeiOt. sir. s&axsoa, tuei i citeui nJepartments are . styled, it seems. on- title, (forminir no paft'of the law itself) An estahlisH yw muuv, u UC lie- " U conform to the judgment ofthe president'lon the subject ofthe public depositee, f Let us reverse the case which a dually 1 ocbtirred, and so ppost: that the secretary of the trearury, instead of the president, had desired a transfer of the public deposites that he did so without any sufficient reason, and was a bout to commit them to banks of questionable solven cy or of notorious insolvency. If the. President enter taining a different opinion ofthe expediency and pro priety oflhe measure, had stood by, and renouncing the salutary control which the constitution had placed in his hands by the power of removal, had permitted his secretary quiet ly to consummate his purpose; on the ground that the president had ho right to interfere with a discretionary power entrusted to congress by a head of a department, what then would j have been said ? We should have heard, sir, denunciations not lesa loud and vehement, than those which have beep uttered on the present occasion, j thundered against him, but upon a different principle. We should then have been told, sir, that the president had been recre ant to his high trust jthat he had been armed with the power of removal expressly to protect the public in terests from the faithlessness or, incapacity; of public officers, and that, in failing io exercise it, he had weakl and wickedly betrayed his duty to the con stitute n and to the country. ' ( I Having thus reviewed, Mr. President,, the doc tnnes, t6 me, I must eay, novel doctrines, of constitu tional law which havij been advanced by the honor able Senator from Kentucky, (Mr. Clay,) I will de tain the Senate but with a few words more. The honorable Senator told us, with a deep arid mourn ful pathos, that we are in the midst of a revolution a happy and auspicious revolution, like the "civil revolution of 1800," which, according to Mr. Jeffer son, was " as real a revolution in the principles, as that of '76 was in the fbrrri, of our government." A like salutary revolution "in the principles of the gov ernment,", we have seen accomplished during the last five years of its administration. In that time. sir. we have seen the Government brought back to its "republican tack" from the deviation of latiudinous power into which it had fatally fallen we have seen an unconstitutional arid corrupting system of internal improvements, under the patronage ofthe federal au thority, arrested, and these great local interests re mitted to theirnatural and safe guardians, the gov ernments ofthe States we have seert the Bank, the " first born" of federal usurpations, foiled in its efforts to perpetuate its existence, and to confirm its triumph over the sanctity of the constitution we have seen, finally, the American System of the honorable Sen ator himself; a system which we of the South have felt to be onej. not of protection, but oppression--we have seen that, j too, partially overthrown and abandoned. Here, indeed, is a happy and glorious revolution for those who have cherished the cardinal principles of limited constitutioual construction, of freedom, of industry, jof equality of public burthens. And for those great results, we are indebted to the firmness, the vigor, the patriotism, of the individual who now presides over the administration of the eov- ( ernment-rsustained by the virtuous confidence of a tree people. - - r. : We have sir, the authentic and positive declara tion ofthe honorable Senator from Kentucky himself, made ori; this floor .during the last session, that it was owing to the known ,and determined oppositipn ofthe Chief Magistrate to the protective system, sustained hb 11 was rjreseeu ne wouia oe oy an increased' popu ' w C I I1 I .lit , - tar support in tne present congress, that thehonora ble Senator consented to yield what he did of that sys tem in the'eompromise of the last winter.' The other great refbrrris of jrtational; policy have been accQm plished by the.direct agehcy of that high power which the constitution has placed in the hands of the presi dent, as a shield among other purposes, for the pro- teciion 01 me just ngntsoi tne states, and wmcn he has faithfully and firmly wielded for that object. Usedy sir, as that power has beeri, 1 cannot sympa thise ill the sentiments of indignant Teprobation with wnicn its exercise nas been denounced by the honor able Senator from Kentucky. It is a power,sir, which has been exerted in the best constitutional times of England and of our own country. In England, sir," William the Third, a veneration for whose memory is pronounced by a late writer on the constitutional histo ry ol England to be the true test of English" whisrgism: exercised it an exercise rendered necessary, and fus- uueu, we are 101a, oy one 01 me nisionans 01 tne time. by a strong party in the Houseof Lords, "who enter tained deep designs. Our ownMadison,sir,than whom there never lived a man more virtuous, more consci entious, more scrupulous in the use of power, nor yet one firmer in the discharge of duty, did not hesitate to exercise 11. 1 ne limited opportunities 01 research I have had, disclosed no less than half a dozen in stances in-which he resorted to the veto, four of those during the nrst term ol his presidency and one of them, (the veto of the "Bonus Bill for Internal Im provement,") the very last act of his public life,, thus rendering an appropriate and impressive homage to the constitution on retiring from its highest trust. I cannot,.see then, in the use ofthe veto by the present Chief Magistrate, any cause of alarm for, the liberties of the country. j I confees, sir, I consider those liberties far more seri ously threatened by the unconstitutional institution with whose grasping ambition we are now struggling. If,sir,it shall triumph in this vital struggle,then,indeed, a fatal revolution will have been accomplished. The time will have arrived, which was foretold by the great-republican statesman, (Mr. Jefferson,) whose prophetic and instinctive warnings were read to us by the Senator from Missouri, when, a monied ' power, self-constituted and irresponsible, will have superseded the delegated and responsible Government of the peo ple in its action, uentlemen in tne course of this de bate have declaimed . much on the dangerous influ ence of money. But the only money whose influence they seem to regard as dangerous, is the money ofthe people-money raised and appropriated by the represen tative of the people disbursed by responsible officers locked up by theu6trong bolts and bars of the law" from corrupt use ! 1 But they seem to be wholly insen sible to the danger; of money in the hands oi a great corporation, wieiaing an immense capital at will, without control, witnout responsibility. Let Congress, sir, abstain from unconstitutional appropriations; let the public axpenditure be restrain- eu w uie tumpic aua economical wants 01 repuDiican juumicai wants 01 repuDiican government; let the accountably of public dZ bursements be enforced: and we jshall have but little danger to apprehend from the money of the people But, sir, we shall by those means have provided but a poor security against the danger of money, if, at the same time, we invite its concentration in the hands of an organized association and give it thus artificial faculties of united action arid accumulated power. A profound thinker, sirwith whom I have had the good fortune to serve in the public councils, but who is now in private lifei and to whom it affords me sincere gratification to have this opportunity of paying the tribute of a cordial arid iropectful reraembrance(Mr. a. A lien nf Mass.Hhas beautifully andpluteophi- cally said j that "associated wealth it: the dynasty 0 modern States." Sir, it is so. This modem dynas ty is now seeking j to establish its way over us in the worst of all forms that of & great legal corporation ramified and exte.ided through the Union, directed I Uy irresponsible authority, controlling the fortuned - Ji-Ji 9nA -ZZZE 1 1 u-mwut 1 r Kuciujf un: puuuc prc uinaunv 10 me orgajM 01 wa public will. ; P ' . r t - r I may be permit ted, Mr. President, to recall to the recollection ! of, the Senate, the solemn language of a great pariot and staf esman of another country, on an occasion ; not unlike the present It was in the nte morable 'impeachment of Warren Hastings, 6i'r, tfrar Edmund Burke, with the profound sagacity tyhicli neionged to his genius, held the following impressive language to the highest judicial and legislative bcdV of his country: . ; .; , ; - j. ', :. ."' , . ' "To-day the Commons of Great Britain prosecute, the delinquents of India. To morrow the delinquents of India nay be me Commons of &reat Britain. We . all know and feel the force of money, and we nW call upon you for justice in this cause of money. We call upon you for the preservation of our mannersr-r our virtues; We call upon you for our nau'ona! char ter. . Wje call upon yoa for our Iiberties., - Sir, an American Senator, .applying to his own times and country, the solemn appeal of the British , patriot, might well say To-day he CcngresV ofthe ' United States sits in judgment on the monopolists ot the Bank.- To-morrow1 the monopolists of the' baiife may be the Congress of the United . States. All his tory hath taught us the dangerous power of moneyed coporations, and we now see and feel that power ex- erted in the roost dangerous of all forms, in assailiB. the purity of our republican manners, undermining the stability of our institutions, and a winggth delibe rations of our public- councils. .Sir, the ; American people yes, sir, the peopIewhen theiriltrue voice shall be heard, call upon us for justice in ihls; great caase or money violating -and trampling upon the guarantees of freedom. They call upon "ua . for the preservation of the public morals, exposed to anew and daring corruption They call upon us for the vindication of our national character from the scandal of practices before unknown in -our: history, They call upon us for the rescue of their liberties flrom the grasp of a selfish and unrelenting moneyed despotism. They call upop us, sir, for the performance ot these high duties, and worthily, I trust,! will the call be an swered by the firmness, the constancy, and the inif- nuiibiuui tueir ivepreseniauves. Prom the Richmond Enquirer, RESIGNATION OE MR. R We take leave, under cxistinx? circumstances, to lav. H before our readers the following Letter from Wm. C Rives, Esq. We have no aiithontv to publish ifV hut we " take it upon our own responsibility." ,We think it due to him arid due tome people--Bumours have been thrown into circulation, to the injury ol Mr. R, upon which his letter puts the extinguisher, i We understand, that on Saturday last Mr. R.. Mr signed his office in the Senate on! which occasion " ho tycAo o nm rt rt ninmr.Tina etvoia.t ari1 hrtV the chamber." . a'-a -. 1 '' A .- :: . He has addressed a letter to the Speakers of both. Houses ol (he General Assembly; covering his resig nation. Ve lay this interesting document also befare our readers this morning. : . Washington, Feb. 21 et, liB32. . , " I yesterday had the pleasure of receiving your let ter ofthe Kith instant, and avail myself ofthe very first moment of leisure to reply to it. I am eorry tmjf my (riends should, for a moment, have given any eOrfe of credit-to the rumour that Jl am going into the Cai net. ; 1 here is not, my dear sir, the slightest , founda tion for this rumour; and I beg you to be assured, and to assure all my friends, that no earthly considerations ; would induce me, standing in the position I now do, to take! an Executiye appointment.: Whatever other denunciations may be poured out against rne, no emr picion sall rest upon thepurity of my motives in tifit course which.- from, the deepest conviction, I have put sued here. I shall throw myself fearlessly upon t&V People of Virginia, to sustain and vindicate the-prip ciples I have contended for, in their name.. I goat once into pritdte life, to co-operate,, nevertheless, 6 tne best 01 my aouity, in me mantainance 01 tne pnn ciples which have heretofore been cherished by Vir giniay arid with the distinct understanding, thatlrfiv voke the judraent'of the people' upon my. conduct jtx the comiug ejections.. The 'issue will' thus be joined with out adversaries - in an emphatic manner, and in the, way best calculated to arouse the vigilance ofthe people in the selection of their representatives. Onr friends are unanimous as to the expediency of thA course, as well as to the absolute necessity o:Tmy rev. ignation, under existing circumstances, da not wink you have adverted, with sufficient attention, to the lan guage ef the instructions. If they had required mefo Depositee, I could and would have v6ted for it, howevjer inexpedient i think such a, measure would be. But the instructions, (under .the plan qf operations whhrfi is now settled in the Senate,; could be satisfied only by my voting for Mr. Clay1 s resolutions t which &e ing declaratory of opinions, the reverse of which I have maintained, 1 could not vote ior, without a conr plete com promise of personal -honor. This, I shaft make anparent, in a letter of resignation, which I jeha!l address to-morrow to the Speakers to . he. laid before the General Assembly. I feel the most perfect can- viction umi yuu auu hii my iriuuB win approve my conduct when you see thejwhole ground. . By-the bye, the resolutions of the Legislature were not re ceived from the Governor till to-day. i , ," I Rhall go upon the republican priuciple whiih we have always recognized in Virginia, to obey or resign ; and my resignation, under the circumstances ofthe ca, will be the most unequivotal recognition! could make of the authority of the Legislature. Be assured, I snail give no countenance to the sophsim oi Mr. Southard and Mj. Freeh'nghuyson, thai the Sen ator must look to the People and not to the Legislw lature-a principle, which opens the Widest door for the evasion of -all responsibility on the part of tev Senators ofthe U. States.' T pray you, my dear sir, and all my friends, to contradict, by authority, in the most unequivocal manner, the rumor of my goinff In' to the Cabinetwhicb, I repeat, is, and.wilj contincer to be, without any ioundation. This is the; weapon with which my enemies are seeking to deprive me ot the confidence and regard of my native' State, by creating the impression that I am looking ;to other distinctions. My highest and only ambition is to serve her, and 1 will not yet believe that the tactions , ' a : j . . . artnd nninion. when IDV Conduct and DrincJnlea chaft be understood, and redeemed from malignant misrep resentation. , V; : -! T ;' .. M yf-.--l "Present my most cordial respect to Mr. '" ' and tell him : 1 entertain the- most sanguine befir that he will approve' my course, when it is fully Sb hiro ; and such, ! persuade : myself. -wili ha the ' fore judgment of all our jfriendsJ" ,. Wasbingtow. Feb. &A ifCU. st.- ttj. Jx o--f . ' ........ J ' Slr: I have the honor. to enclose a Communca-? tion to the General Assembly of Virginia which J I pray yon to have the goodness to lay before the Houseof Delegate&i f ' r - f '$rj - ; ' -1 "' . I avail myself, with greatpleasure, ?f " occasion to offer von th nfiitnces of the , distingaished coll- sideration with" "whtcjt; j?j J i. t vnnr . FelkJ W-ClUZen ' Rvan 1 meet obedient servant. .- 1, r 1 vit 'J '.. t ifi dccirlon. now relief ori by t!;e b?S?r&T i I ; :l . '; t ' i :
Newbern Sentinel (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 7, 1834, edition 1
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