North Carolina Newspapers

VOLUMfcVxjC3GVL . TUESDAY, FEBUU JlTliY . loAi; - . ' . ;:-. i i i Mnm -r rrr. . r. :. . . ., : ' n i MiBi MttoUTjCAW'S SPEECH On UIUsulutkwsto Sstrutt cMangsjm.it full v .sensible - jofJhV disadvantages ui.derwhich thia Hase. Itsatten Vion ha already been weaned by .th r A.ixiouVtd' bring it' tpa -dose. I lam also aware .that many of those whom t r Am addressins have.so fat prejudged. fhe subject' that there is Little hope L.1 a ..U:L'i'..n.)in lft k' Will " ' tnat any niu! w hi, u aii-w i""" " IrVne anV cliariee !fr&wHhsUi kg iircUmsta'nceC, f 6 . important Ida I !j, Ireirard thefwnciples i inyolyed, that I aiir.risnect and rcsoect for the body which 1 "am a .membe, Irom tiolat 'irig either the! julesf propriety or;dc corum, L shall yet peak with becom- . liUStircedonij the; wordsilqfi Boberness Wtrnth.7'il.'k:.-:',f" V' ; -4;?.W4 'wetfeloWfa'l ieidy periodbt t ih?, iiessiojii;' ty theentleinaiifrom WattIUIiv Brasg,) henHhe prd- osUiflHiswas mide by him to go irame diatel sihtSan eU'cUoii of Senator, , Hfiii'tirAVas cesary jto ispose1- thrt distractin;flttestioiij '.m order that. our minds 1tniht be properly qualified. lor ties. Tim offing democracyi gladdened . before' theDauie-snotttvidSf -aeatn ncar,s wie fulJieisjcalleiTu&ofrib jrlyndeHUi ; itandir Ji!ettf thederaocra.. CJare agan; w ue giauueneu j uurww Uf' IIUb HUSUCU 'WlUrilfCf ICTItVJIWII W AiiKialJ mawirilirf , nni 4 We are' called upon toj(fiiciate at the attarr- Yes tlterabte L.policyjof dragging down our-wrient citizens as ' seen a eyiaitaiii.1 any: istinctiony f ih2t.,TMiicY vrrucn. nas .DeeDieu f tne -i Souths ttve South Jwest and the W est ministration candKlatev5 to t innuire 4 I whfhr nrtlrMif 'fhi't'AffVrtliafl tin' C iceTved frertf the jfeeh or uether CJa- biriiet ; Wejrc:MtnotprfectlyVnnne--' nnirv-- V rani 'hfMievpr- hp. r tirt A 1 f fault upon th3, occasTon. The official (j paper ce upon us, m-xennjryery mucn ijjte- contni and why? Because" Mr. ;Benton de- ' sires it, and' Gen. Jtcksoli has an al-- wost filV-ferd:C . XdtcfCabintardare6rl6lecturt us uDon our dtttrSVereio desrade - and' disgrace1, ih -pufitfc esti'matioti,!! v oi iienuisiinguii!Dea sons ot cms cstateiy hall proceed freely. to express ror : lenUmriitsf andfewhUst,!; I vhaU teCestriuieji:: 6oj2i ;by ' a? , proper Scarcely,, uweyr w"1- 1 H pH achieved scarcely are the hearts L I lhVlS5- w?ly because such :&id' beett the prac, TfP-?-'S?Sv?2ffi But; iin;rden that theVe is V Mgl, tany thing in the ConsttlutSon which, former. occasion, hen we were tQloVn A jfr . . .. ,. .. ' X&kLmiS. iLLk :L-iA: v either; dn: ctlyj, or.; byfi implication, tnifnHter ttf iherinfidft ;nMfc:jfUght8.-W; not Benton and rGen.r. J&r.Wftanj '.'Are trp : r; the nower in Question lot exoress terms prepareaT tare which the.mostae?rarUdAf ikk:Ibimn provinces woulU iiamJTeit itself dis-l honored?; Sir, ten 'the dignity 6? pucjitations, the ho nor of our conntitven- a submit to this dictationH?ive i fhe , Deoole. of North Carolina c(HnmrsonefiUS 'to do tins ; aeetir t navje we .anvso. tne ngnt est authority tobiCrUiceui''cifizehs fnr f hini'f ifiriilvnA-Otf nVli'4i"f n' nr Mr. peaker,thejres$ in viewtliree ojecif. Qneia the exg; pulsion of judge Mangun ifrom tiie Sel rate, because heetheKis'hWwIlf :J ;: come; theinstlAinb vation 'of' Martin kantBuW 1 1 -Mie residencyior tKetrpduction of Wisd nioaoie ana aetestaqie system-Dt: f&fcKfci ahd ro8cripbltintef partyt4orae friend .of 'tpfkjk their friend because he; wishes tdluseT khemwishls Judge Mangums placed mil sirVnd' wferf KlO AiH,' ianupt.wa H!HU.,M.Ki iangm"s-terntir! a?. I x. " ' J- - : lecz vastiv m ptfhpse 9 wtuci I j)!?ve adverted, and Much, 1 Con fW fill Inxrliiid?lwith 1 tdfund throu h ?liS s r ATyi:STvr?, iU W niiciiates,: W.4T" K i - ?i,ltM,VH u,n"on.-r Navm- theaectCtht ; .v . VV Wluwi w . have another object aw. awarelthat-msay t 'WikV '7np'3 fnMhirhi vl irxUi&kch State ahall' he entitled to twn S-i 1 JiJ rereMUbutJLamiikithe discharge 4 paters, -t beetefeby le jbegsia , i'fip-puWscMut f'tnrfjihiBreQS miBce;,woiiayheUye ? " presen't iWfeeJ'rem other object, which iffiiV Noit'CaiSinaa2d- When i'spealc eVe? : SM I speak in. the wor3sof the Con-- t hastened , juamUoiiB-Mr.'ISpea"4 r.td 4eStted toCorn 1 ' 1p ' j ' .rf.heresiinj'!ttfe pre, important. than either A tmrt th firxf rMnlnHnn wh'irh nArf heprifteipafcieagains Jvtei jtheiprprjetyi .t i VmtetftaUH7?,:i nxonfiirJsl !Md?no ,rjifM,nahelsnghtem althejna it is'eitner tn Wimade" important chatages iri itsrery constU, tution, Mhis is a grave, charge, "and ought: not to be. Tightly made, Does, any inan 'tloubt the, fact?. If he does, I. direct; him Jo th President's Pro test. Are not the aristocratic; fea tures of the Senate held up n bold re- i -lf. in that document to;the public J gaze Either V to iexcite nopuUr p'reju- dice or to produce, popular distrustr Does not that aper speak: of its irre- i sponsibility;' Its long;term of 'service, . its not beinsr the immediate represen tative of the people? Is this all?aiHaa . v not the party press waged against it a v consent wtrf llai it not been' called";; i the i "factious Senatet?' th firfesDon- . I ble;Senate,, Have hot some .of tnem bililly aldyocaCed -most important changes iaits ojrganizatioh?; Bavt hot resolutions, of which these are a mere- , cbpyben intrduced into the! NeW . Jersey Leslature, and ; j passed? Sir. all these are sisnificant indica- tions, pointing to the same object, I which ltbecomes this Houseolemnly j to consider. I ask ; the members of j this' body j if. their cpnsi(uents have sent them here to; participate in this j nefarious and wicked conspiracy a- ' gaiust one of the departments of the ! Federal Government? ! ask them, as" : they shall answer it to their censcien- ces aha tlieir countrv, to wunnoiu tne , sacrilegious blow uplifted . against that Seoatein which thes federative charac- I ter of ourgoverment is presecyedtliat I , Senate to which we must look (or defence of the rights; and sovereignty -: ot the States. , . ., ! h-,,; .. . i vi,J had originally intended, Mr. Spea i !kert to Say nothing-on the first. reSolu -. :tiofa of the sentletrian from Edgecorab ' Vn. DnHs A " TTi, ; however, lu wiJ, t Jpoh., furher. reflection, ; express briefly my fViewt noon the orooosition therein af- i firmed,' lest, it snould be j supposed I j ' 'shrink from an avowal of my opiniunsi ; and. I had taken it for granted the Le-. clothes the ieneral Assembly with this ll l EL it uunt vimiutu lut iv. -r'-i-r....- :,i-r ' , u : Xhe geutleman from Halifax, (Mr. baftiel, if I understootl him claimed thrsf as resulting'-from pur! legislative twersiJ Sirjlthiswill Inot stand the lightest exanilnatiop. ' JfHe right of instruction t is hot ,a .legislative-power in any sense of that Td.fi:Ifjthrlie.?" -jpsUturehaye of their'leislat)Ve; powers,; to instruct ia matters of iegislatipnr s by parity of reasoning the' State : Judiciary iiave a right to instruct the Senators m regard to their judicial duties, and the State Executive; o:heiH executive: duty. So far as our),(onsUiutioa speaks of Instructions at alL it i$ in the Bill of nretence.. then, do this bo- : dy arrogate tlus pawerito tnemseivesr Sir,, the poweroe!ectinga Senator f Ws tonferred after the; adoption of ouit $Ute.Constitiition8y the'postitutioii : vf tl UnitlSaSrupoif thia Assemr' Wy; But I amliOepi. jlhati wee-, ; lectf that wwrntyfatf ctitfsttWehts of 4 ' theifienator, attdihereforeV' have this ' 1 ntdjjittr art the electors chosen "fW that purpose tlect Presiclent - WeSre lart elec ..?! college; fbrvipursels they ; ;.ire forianotliteri CV'wbfover heard, 'r jwhit polHicabmadinanf,ever d reamed - thatthose eletuvs had'inyVight eithei 1 ia instruct or-ensure the Presuieht? iJ f $ut are: we the eonstituints of the Se- 4 natOT?, JJNow Jt den r the nmnositinn -j? ,n ifte mf naw,JMFrjns, ? , v hat 1,s'feciE iitiieli in bfoad terms this rttrlrh land I call unoft .them to answer itfc ISironrise &ui .'T "tMr fe(ieinn uuugauoniTe I suiscnarge ottxecutitauties;ji:ua H CittttipMytlintenvtha r f manner in wnicn tnoae uuties were to ,f L I l.Al !-L X Z x..A -' fairtntflrhW agetftsif !hVee8t(ertaM icvr)fiitmiW tWiSr agsnt t.etal6thWM :Ve ' I r a&ettfrverei State' of NortKCarolinatJ ' !T".M!ct i re : r r V" Wn instrument i of secrecy ott Us' proceedings, and for ever veil them; from, the ' public view?. Can wfi when1 the president and Sen ate have formed a trcity," within the iLiyc qi , ttieir .conatitutumal, powers. 1 he most bigoted, blind - and j furious partizan wil rscarcelyxoiitend for such monstrous pnposUion tfiiif; yet 5 we-: are called upon to vote for a resolijtion whicKclaims fiir this body this high s prero5ative--one twhich;. would intro duce infinite confusion and mischief. . . Sir, we have no authority! whatever to instruct Mr." Ma ngum, unless the people have stint us here far that pur pose. If we undertake to do, so, we shall be tgulty of thatjjusurpatisn, which some gentlemen allege against the Senate.; Sir, I appeal to the can dor of the members, here, and confiV deatly, ask them, have you been dele- : gated for any such purpose?. Did you of course. I address the great mass , ef the party, not their leaders did you ever hear of this movement until you racheo; this city, and until Mr. ,. Brown was re-elected? Was the propo sition to expunge this resolution of the Senate discussed in five counties in pNot-th Carolina? j No, man can have the hardikood to make such an asser tion. Sir, I put it to the gentleman from Halifax (Mr. Dattisl j to answer me, which represents that county cor rectly, hi in or his colleagues? It is my misfortune to -be in the same pre dicament as that gentleman. My colleagaes d'ttFer vviih jne in politics. There is the same , diversity of senti ment in Northampton, Hertford, and many other counties. I mention these facts to preve, ris they do most conclu sively prove, that these resolutions have not originated with the: people; . that the elections wfcre not made with a view to this matters and that, there fore, we are assuming unauthorised puwer. ... : Sir, my ideas upon this subject are . --kimbly these: This .Legislature has an undoubted right to express Its opin ions upon any subject. It not only has the right, but it is its solemn duty . to do so, when the public liberty is en : d angered, when the rights ef its con-; : stituents are jnyaded, or ; when any 'great public emergency", demands it. This opinion,, expressed by the imme diate representatives of the people, so far as it may Be, supposed to express their; sentiments, should be listened to by our Senators with the most respect ful attention,! and, when it relates tu a, matter of expediency, ought to be ge? nerally obeyed, v ; But", si r whilst I go thus far, I am further boun.d to say, thatupon.xon-, stitutional questions, neither the peo ple nor tlie Legislature have any right whatever to instruc(f77They have,,un- , posed restrictions upon themselves and ' tipon the Senator, which he nor they can, throw ojf, v. .' i ; t : These resolutions, even if w$ have a. . ,? right to instruct are. not such as.I culd l vote for. Vhat is M ly 'gfimate, :f' object of instruction? , I have always .. Understood that.it was tq enlighten tlie4 . , mind of the .representative in regard to , ; somereat .question of public policy then actuatlypending, or upon which; : ;' it was expected he would be called to Set. If this be not, then I confers I v ave Always been laboring under a de Iusion upon this subject, and . I am ut- teny unaoie to appreciate us vaiue.r . Is that the object of these resolutions? y. v iu,any man say uisr is noi ue out V whicK'theV have not the slightest right . 'to enect, viz. Judge Mangumf e?puj- ' siori 'from the V ta(joii whicfrhe no w fills so mucn nonor to nunseii ami credit, to Neafoliua;M; t , ?t 1 Another question involved, in tlies resolutions is, had .the Senate a right to that I have heard the Kneeati ve" of this ; proposi t ion a ffirmpd. The facility yith fK which politicians and public men ' - .'change their principles', isi even I now fcthe theme of scorii i ami ridicule. And, sirit'ii one off the' moso'mindui and a'fearfut sirns of the- tinies that vyhole. : communities oi men, wunnui any con - 7 f c&yaolejreoh f thervbs chrisTied anil deep-rooted Mipmiois ai tneDiuuing oine ijii 11, v argues either sucK.deep ciuTuptton n thepeoplei or Jsucha spirit oC idolatry i 'as senousi vi to threaten ourinsiuuiKjns. ' Have went: Pennsylvania tV.'cha'osi off lief t astonishing how forge tfb I te areenWu in he pursuit off a favorite ;objectff'vi cannoCsupposethit thejlyell ihwriri- v mrmlie this ';HoUsa cMjbno f ceunUbiithis "sufcjecf, olr Uhaithey: 4 wm. :iutciSii nauon, wivereby the pub he faith is pledged, bu) .tliem rescind it, and violate the faith of the nation? i( pass ine resoiuiinn wmcn nas given so .gnucfi tifncerflicpnfesV, sir that i ,14 with lbme;aeeree;bf astbnishtnehV it seehmiatSUte vr?f nnhtical iirmciplesrat the oud MmW mislead ffio are. Chantv, rirtfiat charitvwhirh r the i&firmi ty ; of k my tiatiK 'e.! J I so f re- quently need, arid am. therefore, will ing to extend to others fbids me to Vmake ntuph supposition. . O Tlc caseof thePostinhter General ' & wa mentioned by niy frieml from Row ariCMr Craige.J wrhere; ry an unani mous, vote, it wasdeclare4that,in bir rowing money,1 he had Ivioiated 'the CiUMtUution.1 rdefyany nan to point out ahy distioctian in priitciple in the two cases. If this resolution ,A wluch wet wish expunseO, was audjcial act, so was that If the Senators had dis qualified themselves to sitjs judges in one case,' they hail in the fither. , But, sir, i this is not the only prHcedent It wille, recollected by thW familiar with .Mr. Adams's administration, thaf. ' in n message nominating-to the. Sen ate n misters to Panama, he claimed the power to have commifsioned them without "the advice and, consent" of that body.;.. The honorable Senator from Halifax, at that time -k Senator in Congress, then, as now, opposed to u surpation, then, as now oi the side of liberty, thejlaW, and the Constitution, introduced ja ; resolu tion sMemnly de nying the doctrine asserted by Mr. A dams, and protesting, in the name of the Senate and of the :Stte8, against this unconstitutional assumption. The -subject was debated, and so far as I know, and I have examined the debates Upon that subject with some attention, not one individual pretended to ques tion the right of the Senate to pass such a resolution. No, sir, that pro found discovery in political science and constitutional law wal left for the Salomons of the presejit Jay. It was left to that foul cabal who, Unfortunate ly fori Gren. Jackson's otn fame, and for the prosperity of this Ration, prac tically control its destinie.i . ' Sir, am I to be told thati as this was a defence of the Executive powers of the Seriate, it is not analogous to this case? Sir, are we children? Do we view thia matter with tlie enlarged views of statesmen, or the narrow spi rit of special pleaders? Have not the Senate as much right to defend their judicial of legislative powers as their executive f , It is an insult to the un derstanding of this body to argue such a question.; I -But I will not stop here. I know the force of names, and I Invoke to my --.aid" aclarum et venerable nomen," a name which makes this $tate respect ed in every other in this Union the ; name of JN ath A?f ikl Maon -a man, - sir, notijust washed whitefrom his sins of Federalism by Jacksoiism, but one of the fathers of the Republican church. In the debate on ,, the resolution to which I have referred, he thus expres- -ses 'himself: , 1 "J; . ....... . . . . . m .J mm . , the Seriate, lite Hoiie of Rrpresentatitt:? and ' tthe I'rtaitlent," dl wv tmteh ihe power which the (liimlitnfum, lina irfn thrn. 'hut I pi it he i "ir. every Miepiinrenr 01 tiw ioreniment, tken iruiu ihera piece-naeal, who could . tell where it would end?" . . . 'It had often heerj said that, ) t hit" Govern ment, the Departments were tti balance each olher. How w:u tht balance Vo.be kept nj? Not by constanllr. Increasing tb power clone . lK.artmeDt of this Government; but the Houie of Hepreseritalivei should take care o the por . tion commixed lo them, the Senate theiif, and the President hii. Was thi House; when their rights were, as -they sunilibsed, inlriiured, vto wait for the interference ofc the Hotwe of rKeiresematiresV There was,4VIr. M , .teniletiey in every, governoient to create power r "Gorernmenu' weie made 0 the suspicion that all those 'who had power Could go wrong, He would go further, and suppose it a doibtl'ul question, whether , the Kxeeufive, in his message, 'had claimed 'this pgfftr or not. Most of the gentlemen who had "contended he dht not, ha! contended he, had rij-ht to do so. If the mvjority fahe Senate thmighl dinerentljr, wasit not prudent in them tcr' express .their opinier? H:d they not the same right to ex- r press their opinion on their powers? And was it not as much their duty to do so af lor tit e "President Id declare. hiV"JMr. Mactm'i Sfkech. Iteg. of Debate; 1825 JH6,baffc 634 , It is impossible for him.to have been - prem explicit. Among those who act ' ed with the Senators from North'Caro lina oa that occasion, ,-were' thejSena tors . f rom fTennessee, . the bosom and confidential I triends of Oen. Jackson, Mr. Vah Buren, the present Secretary " of the Treasury, and Mr. Benten, f Vhose lugubrious notes ?nthe cruel impeachmentof the Presiejit Ave have heard so much, 'iatkl turltify whom we are fa effrade one e of our tltstin guished citizens. f Yes, Mr. Speaker, thai VCT7 . Part7 "who are so shocked at this judicial re Jolutionhave theirije! ve furnishedm ' , precedent precisely iti pont. ..In the " ; absence of al I precedent?; however, I holrf that it Is not qntie right-, but the 1utv of each departmeM of the Gb 4 vernme'nt to defend its ewn 1 peculiar tits and privileges against eithrr or l ( the otjieys.. They wer dcsignetla i chec'ks'upoheacKoth fliatvas the very bbject' sought to be acctrmplishetl '.b'y; the division f power. imong them; J'jel-if ilijlm&tiv? farfgllltriiieia to nrevaitftnfs robjecV'will Wvht:;y..der a-, leafed. Jfj he Senate hajf no'rixhtto pairthil4sblbtwtt hePre-; ? sidebt ohtatntheright to jake a pro- tfeit?v Dd'thesbecial iruatfliansof the Constitution ; require thati baper to ue' , ipfinged? f Yet, sir? tliellghfeio'sen it fnight with infinitely fee reon that be questioned. "Why; sir! let-lis see . to what consequences this HoHrtne will lead. The President tafcelt npon himself to commission a publtdTOinis terin the session of Congress fwhhout the advice of the Senate. Sirs Ihitt budy bound to acquiesce, Jest, by pbs- nihility, the President tnay be impeath7" ed, and they become his judges? Aitf" . I supposing an improbable case? It is J what has actually occurred during thisV Administration in more instances thanj; one." The case of commissioners tjy the, Ottoman Porte is familiar to us all.-. Again: suppose, by some means or o-. ther,.the House of Representatives has become subservient to the Executive, antl that functionary having seizes I the1 public money, i surrounding himself with a band of hfred mercenaries to o-, vrthrow the Constitution and liberties of the country. Are the Senators to sit like the Roman Senators when Brennus and his Gauls invaded and entered Home, and see the barriers ofi, s the Constitution clovenkd awn without : goffering any resistance? ' Sir, this very; right, which is' denied the . American'4 Senate in this free, representative, con stitutional Government, has been exer cised by the English House of Com mons in the most arbitrary reigns of ' the most arbitrary princes of the house of Stuart. And, sir, have we made so little progress in the principles of free Government, that what was done in, the rein of the first Charles again and arain, is little short of high treason un der the administration of 5 Gen. Jaek son? . ' j '"' "In the- name ef al! the fods at once Upon what meat doth this our'i&sar feed; That he is grown so great" Why, sir, 4,he bestrides this great republic like a mighty Colossus, and we small . men must pee$ through his hufijc 1gs to look for ourselves dishon orable graves." How far is this de9 otiorilo an individual to carry'us? Is it to unsettle all the ancient and undisputed L principles -undisputed at least until recently, of our govern ment? The House cannot assert its rights, because it is its province to prefer articles of impeachment j . hbr the Senate its rights, 'because x the impeachment is to be tried by that bouy Sir, they derive'5 the power from tne great priaciples .of self-de-1 ' fence - and self-preservation and should they cowardly shrink from its exercise whn they deem it necessa ry, they would basely betray the high trusts confided to them, and Justly incur the abhorrence and scorn of the people. I maintain .that, vin as ranch as the Senate possess this bight, they must judge what act does constitute a violation of the powers granted to them; and that to deny? this would render the right itself perfectly idle and nugatory j and that we have . no au thority to revise their decision, or sit in judgment upon it inouironicial character. But I affirm that the pro- positions contained t in the resolution' are true; that it was an unauthorised. , assumpton of power on the; part of the Executive to remove the deposited . himself, or to interfere with the sis cretion reposedAin the 4ecretarybf' the Treasury by Congress.; Who, Jn 'factj' remoyed jthe public money? Who took1, the s responsibility? Sir, we are at no fault, oh this subject. It is most distinctly stated by the'' Exe-! cutive that tlie act was histhat lie assumed Hhe responsibility rNbi. on ly did he assume the responsibility he arranged the details, and, whilst Duane was yet in office, he announced in the public papers that they would be removed at a partrcular time Sir did the Constitution clothe; him with any such 'power? Did the laws of the land No, thet. deposites were to be made in, the United States Bank and its branches, unless "the Secreta ry of the Treasury should othef wise order and direct ' The gentleman from Halifax tells" us this i a reserva-tion-not I grant of power. Admit it. It is a reservation by whom, to whom, and for what purpose? Why, sir, by Congress to the Secretary. In the removal, tlie Secretary acts as the agent o- th law-making! power. The discretion is his discretion not i the Presidit's discretion. His acts are to be the result of his , judgineht. His reason for the act are Ho be ren dered, not to- the President, ; but to the representative of the people, to whom, b y the; JU nsti tu tionj the management' ot the public revenue is, entrusted. It is admitted theJnjpnefJl ?vasr safe the Bank had-complied with its en- sacementsT' But itis contended that, J Jitasmuch as the President torossesses the power 01. appointment anq remo val, he hasa right to supervise and cpntrol alt the subgrifiatejofficert of the ; fftivernmen t.' Aunutwdiat he has. the right to remove, still it; will pot .aostaini-.ihe!.n4ifibn- For I luld , that ifthis power is exercised to effect; anlUegal and XunconsM pose, it as much ..'violafes jhe jDonsti "tutton as though he dul not : possess it -tifti! . lt-- : TheCoTfgrws of the tnitei State nave tbc pvwer jiwitlwiut UKU&fioarto borrow money; yet, if they exercise " that power to accomplish' an .object riot warranted by. the, warranty at torney u nder which the y?avct, they ; as . . ,much violate the charier of our liber-i .ties as if they did notpossess it at all.il 1 The President has, by law, thejpower " ' v of removal, to be exercised for, , good. ; cause, for the benefit the country, ! and not an afbrtraryv discretion a , 4 despotic - power, 1 tq be wielded to gritify his passionjs. I repudiate" al- together ttie mnsfrous nreension ctairaeti uy lumseu anu nts ' mmions, to supervwe and cohtrol the'llfirs rf the GoVei''nment.in. the: discharge of i the duties entrusted ' to Ihenibyv the laws of the land. "Sir, it i a power,1 "whicJi isV dangerous 'tO our . libertiet,; i :r)r,ffVant'kar-our institutions, antl hich'-dese's.piilie and; uriqualifie6l4 jnrqbatHttwisl'it deryejd? ; r 'rhe iecttiy powei ;is $ estetl ittfhe Preslde1tjtv pXjfo . but ? whati ifijtecu Ji ve tter?' Tlie terms i whichi have u0teire a? in wmcu ne snau dp Then, siri- Itdefines'andi limitsdhe; He has, thpowers.idn0j mkthan are ,thfei specif (Hjftbete He dbejifviiqt ejen 'sks'fj( implication j 'to carry irito eicfioni those expressly srranted. , bfali" mere);; , desisrihajilof tcnayVs1ittef of oftcXS;iWeia instru;raeiit4goe': ilCsMontl'i AJv' manner in which hhal ltir elected powet.necessarf ta v carry intdf execu-J " pi. tion any given "power is in expr8 terms confided to.' Corigress.,, t 13 ovr, . i2 sir,; I challengekany man ;to Rhowey where,4 in express term sivor by laliy the remotest implication this ' rimnstroua ; assumption . is, supported. juet us examine it still further; for it deserves to be stripped naked- and exposed io ' all its hideousness.' Suppose; a judg-' ment is obtained in the District Court of Korth Carolina A writ of Execution is placed in the hands of the marshal; but the President be-, lieves the Co,uft has erjred that ther decision is unconstitutional. Has the President a right to M command the ' marshal tol suspend his proceeding? To control and direct him in the manner of its" execution ? Is he "not the officer 6f the law, responsible to the law for the -discharge of his duties? Sir, the President hasthe right to appoint, because the power must re side somewhere f but henthe '' apv poitment is made the officer is not his officer, nor responsible to Aim, but to the laws of the country. Sir,trthia nower claimed , for the iPresident-.is- - t'i repudiated by the plain meaning, if not by the very terms of the Consti- - tution. All civil officers are liable to impeachment; and can it fie pretend-vf ed that, upon being arraicned, it would be a sufficient defence that the Presi- dent . commanded the deed to be d on eg? ' Would not such an - execuse be laughed ; to scorn? In my ppmiori,. though . I express it with great diffi dence, the Constitution .does not ' clothe the President with the power of removal. even. He has power to fil I ' all vacancies which shall happen in ' the recess 4of . the. Senate, and to ' nominate when that body is in session. t Can it be said that a vacancy has hap pened, when that vacancy is- created by the act of the President himself? i The expression used plainly inti ': mates that the vacancy is to be the re -suit of accident not design., .1 know that the Congress of ?89 deeideddiffeiyr entry, and that- decision is - entitled to great respect ; but, it is by no means conclusive. A mah was 5 then at the f head of the Govern ment J who had given the strongest proofs ot his wisdom moderation .and patriotism -How far the decision-may have been inllueiiced by these considerations, I know nott but many of the ;ablest statesmen p , that Congress entertained a .different opinion, and, with graphic power, de picted the consequences which we have i experienced. The celebrated numbers of Publ'ms, written by IMadi son, Hamilton and Jay, hold a different doctrine. Sir, I deny, the binding efBcacy of precedents upon great ques tions of constitutional law; .. Are .the membera of this - House not aware that we have? equal jiujhorjfyjbr tion law, end stilLhTghr authonfy for the constitutionalUyf tfie U, JC Bank? Clobeeresident withhiaSibw- cr-ofonfrolin all the subordinate a cents )f the Government j go with! hint one step partner, . anu say.inat ne is to - execute 1 he laws as Af . unu eritanua them j and yon; convert this"fepubeah representative Government Ciuto'th all the checks and barriers withiMhh ourancestors fencetl in the 'public lib erties, and substitute the arbitrary , will of one man in the place of the law, ; and the constitution. . , . V 5 " i A creat deal has been said: in thii Simplest, or an raaciiiurB. ou -re-wove I debate of the enomitieVof the Bank tits tnrerierence mTciecwouwtiPvnr ruption of the press; and lheMfio :i iaorsiis I wish It disturciJyii4r- 5 stoo6,I an hot the advocate tdcfeK .nrthat insiitution. iHim iowindi always have been, iopedtathej 5 11 ?4 1 'Hi- : if 01 . it-: m2i A 1 - - ' tSLv"?. ' " ..... . t - V A ,