North Carolina Newspapers

9 ' V i r .' r r Mri .-At', rm IIP T A V ' Ufc most r& ' f j i : i . .ir.i".,i iuf t. luuyi Trtrw" ; . i io ihe Revolutionary vy acnaa recemiy auaresseu f fer&a fcsfcered through t-lMVM no room' Wdolibt tbat itwas intended and i expected to Jlidve gteateflfectpon tle public mind. bf ttnsjJthe EdkorSofthe " National 7 j p i iv . ' '.Intelligencer' thought a review of it not unworthy ;iheirpen. They accbrdingfy took it in hand, and the occasions are indeed rare, when a public print is -dignified by so able and.Overpowering an article; Its srreat leneth (eleven columns) precludes the in- I sertion of the whole, but we cannot forbear copying the subjoined portion 61 it, relating to matters of gen eral interest ; j I '.' . ' "Come we now to the consideration of . the first of Mr. IngersplPb grave charges against the Whig party Congress, to which we are the more disposed to;, pay at tention fromt its being tlie staple -of other polUicaLaddresses besides tliat of Mr. In- cersoll,' andipartiicularly a series , of letters addressed tti the j Editors of this paper by Mri, Rhett.'bne of: tbeF Representatives from South JCarolina, aiid published j id the Globed W'An,- kbsuiil ;vi$t&Ub 'iff. "every -eittz.enU ridht of debate was inflicted (sa ys M r. 1.) !. : hy'sftxing thi length of speeches." This is - the charge. Tfiei length to which speeches '"are restricted, by the rule complained of is one hour. The questions to be determined in reerence to it are, first, whether this re striction be a violation of the right of debate ; land, secondly, whether such a restriction be, i as contended, absprd. jn itself- i j , U the" right of debate " to which aKep ! resentattive in Cong'rcss is entitled, a right to debate unUmitedhj ? or is it a right subject ; to such restrictions; as will prevent its de: featingi the .paramount right of the Repre sentative tjo vote ?1 The only protection to the right of debate provided Dy tne oonsu : tution'is, Jhat " for any speech or debate in : either House, they Members of Congress snail not De uuesuuncu iu any umci uioyt. f W kJA nnikinrt iU tho & rinnctitiitinri vfiih declaresUlidt each membeTsliaTT'enfineTd to speak three hours at a time, or three days at a time. We 'find in the Constitution nothing so truly " absurd," so fatal to all tlie purposes for which i a Congress is estab lished, as such a rule would be. We find on the contrary, that to Congress is given " all Legislative powers, grafted ""by. the Consti tutioii t and to eacji House the power " to de trmine the rules; of, iits ptoceedings.' Rules bf proceeding are; absolutely necessary to enable each Hdqse of Congress to exer- cise any of the powers with which it is en trustei ; and of theise riiles none can be more necessary than those which propose limita tions to debate, without which no important question could ever be taken in the House of Representatives, if the Opposition were as strong in numbefs.and as capable of pro longing debate. as ithe Minority in the House of Representativesjordinarily is, and how is. an undouotea rignt oi ine nouse oi tioArflantTnpfletfTrniDc-tnat; anv gues without debate. Can it be Sdoubted, then, that the House has a rfght to determine how long a question shall be debated; and to I what portioni of time. each Member shall, be limited for his share of the debate ? Such a regulation, it Is apparent, instead of being : jifstly (regarded asa violation of the right of debate, is, as far as it goes, a protector of f1 that right; because it secures the opportuni ty of joining in any debate to more Members than could otherwise possibly exercise that privilege. Suppose a debate be limited to three days, either; by determination of the House, or by the approaching term of the j Session ; and that the whole time should be consumed by a single member in delivering ,'. his sentiments on the occasion. The suppo sition! is not extravagant : such a thing has ! ! happened before now, and Would be likely to happen again, if the jrestriction as lo time i were removed. Will; any body maintain that tjie general, right of debate would, in i&ucha case, be bettpr secured by this unlim ited. Jicenstf than by such a rule as now ex- ists'whicli (estimating each dayVsession at .six' or seyen hours) would -allow at least twenty members the right to deliver thbir opinions, instead'of only, one ? " Decidedly, thenVthe one-hour;'ru.le" practically fortifies, instead ot vio''ng iae ngui. ui uenaie. - But, Air. Ingersc-Jl says, the one-hour rule is tl absurd." ; In what respect ? The effect is, we admit.'sometimes ludicrous, when, in the midst of a florjd harangue, a ftlember is brought to a siidderv stop by ' the expiration i ofhis hour. .-Yet ihe absurdity is not in the t . ! r ... - . i I I 1 Pr. A' IP. . .1 rule, oup in.tne napu oiv.uuiusuiicss ami ir ! releyancy in debafe,". which' has been indulg ; ed to such an unreasonable. extent that some !v Members appear Jioitliink 'their fright, of debate" is curtailed - because they are Jiot allowed to talk on until Uheyhaye nothing r niOrer toayor AtiItbey-"are; forced down sThe ;tit fir o,cr !ieone ted ifsv 1 I . othf ' !iVctbeGri ..iiwasdnalile condein.ncJ jj consacjpticn.'of ! -tors, but 11 1:: of .the speccL -, - itiy v:.t 1 the qu.iluj thaflcc tj ofonden-. " Nc.tov ' ' h '.-I t; i mposes. re .oting h& desjpatch ! rsaadrairabryyttiit ' 'lit "ir be repeal-' satioh-aiid -cvrr.:) upo'n'oratcT3.w A cl busiTiesSf it ha. it were plfy lhdec. j: vholc fcitting n.thy delivery co&t. the .reo? therefc- two thousand dollarfc ; apeech ''cf -thrci days (r. ".lI $t man ; of ;MfiInger-' j,jt Mn Rhsti'ii ingenuiiy.fid 'Iearn ing might. make a:'?peechof th. t ietjgth . without exhaustingeither his gubj orbim. , ,-elO would cost the-people thrice ; . o'tbou v . csnd dollirs. ' .Under lha'ncw'rule '.'ic'max; Ci ;lt;s irf'.itselL a ;rc: ' orv.lu an this assoctates,j pre vented, as any ;.oo5 Tnay cccwbrical;vjw.-ncrily, 1. -pendcntlyiof. ascerlainbj siinple ;t:omptilationV ;c!---i; its higher valueV it cominehds itself irresist-' k ibly to t ie public appiobalion, -Thecostcf y, Abe'.ofily; 6aferiuardtag4inst'':legisrative ad"Vt sitliig cf thc IIbu5 of Repres.pla- ;dicatioo,-2--i-l:vlhe jhstrpmentality-.'of -fAe tivcJ i.vin "roun 1 umbers, two .thousand . eioelthaccsoJinIessoiig'f d'ollars. - T1. i r,'j sitting avcraeisay,' six late.ab6rtHte- sessim'of thereto the limiirf costjf spehei isbrouffhtdowT to three hundred -and thirty-three dojiars each, ver this reucedf expenditure foreeches 50psfdermg.the "qyalityrqfj'some rpf, there, most of our readerswill regard as. ".paying dear for the "whisUe." . . ' j .We have not been able to.cotnpxehend up- given. by political institution to an ihdividu dn Fh.a grounUU is that th03e who declaim al to defeat the resolution of a deliberative againsi me nw rule represenv it a pafttcu- "Fpressive upon me ininoruy. v yoe u . make any distinction in favor of the majori- upon all Members alike f f lo make out j that it is oppressive, it must be shown that the majority obtain by it koine advantage : other than that of facilitating the despatch j nf hiioi noco T f !: n niton fo Kl o f o t ivn t .k ! oi Dusiness. ii is a niiseraDie anectauon in i any opponent of this rule to argtle as though the majority are not, to saiy tiio least, as pure I and patfiotic in their purposes as the minor- j ity. Abstractedly considered, whose mo-! tives are most likely, to be pure his, who proposes and presses measures for the relief of his fellow-citizens from suffering, for rai sing ways and means io meet the public ne cessities, and for extendingnd multiplying the public defences or Ais, . who indiscrimi nately opposes every. thing proposed 1 With out waiting for an answer to this question, we put another, more to the point before us. What ,is there in tho position of the former whjch should restricttiis right of debate-more than that of the latter, or which justifies the latter in denouncing as peculiarly oppressive upon him a rule which operates equally on both V If the rule really operated to prevent any necessary and proper debate; if it pre cluded the statement large of objections to any measure under debate, there would be at least a plausible excuse for the clamor which has been raised against it. But the real gound of objection to the one-hour rule is, that it curbs in some degree the abuse (not the right) of debate, in which factious mem. bers of an Opposition are prone to indulge. Illustrations of the truth of this remark might be drawn from Opposition speochesupon any question during the late Session, in which " hard cider" and " coon skins" made a larger figure in the debate than the subject proper., ly debateable. 1 he limitation of the length of speeches is" K role-wbiclV-ift qu& form or .Alher,; jnujt exist in all popular, assemblies, whether primary or representative. In the primary assemblies ofie present dayj the length of the speech is -measured by the degree of the patience of the People. In representative bodies, aa in the British House of Commons, they have - usages by which debate is kept within ltmits more arbitrary by far than that imposed by the one-hour rule ; for there are times inwhich no member is allowed to be heard at all unless known to be capable of instructing or amusing the House. Ob trusive, tiresome, and disagreeable Members are coughed down, as the phrase is; thStis, they are assailed with noises of all. sorts until their voices are drowned, and they cannot choose but take their seats. Is not the rule of limitation more equitable and less offensive to ffood taste than such an usage T And vet the resoct to the practice in the British House of commons is ine oniy 'auernaiive io me iimi- taticjn of debate by rule ler Irbm the sort of opposition It encounters, of Whig origin, or even of modern date. It was he custom in the Athenian assemblages (judges as well as legislators) to limit the speakers to a particular portion of the time, , which (clocks being of comparatively mod ern invention): was measured by a water hour-glassor tinie-piece, called the clepsydra, under the care.ofan officer called the-Ephu-dor. The Athenian orators ware particular-, ly careful not to waste their time. There is an allusion to this practice in a very abfeand instructive article, on the character ajid ora tory of Demosthenes, in the July number of the New York Review, (understood to be from the ,pen bf the present learned Attorney-General of the United States,) which, though written and published before the adoption of the one-fiour rule, is so a-propos that we transcribe the entire passage : " These causes before the Athenian assem 4 bliesj were all restrained within certain lim ' its as to time,; varying apparently according ' to circumstances, and measured by a pro- portionate allowance of water in the clep ' sydra. It was no uncommon thing for the ' orator to say, ' I have a good deal more to ' add, but I see the water running short,' or to find him crying out, when he called for ' the reading of a law or document by the ; clerk, (as 'was the usage,) stop the water.' 'The first maxim of Attic taste; in all things is, ne quid nitnis. When shall we learn, in this most long-winded of all countries, to imita'te at least the Atticism of brevity?" The learned Attorney-General's question, " When?" was answered, in part at least, before it had reached the public ear. We have already began to learn. We are learn ing. Substitute the clock for the clepsydra and'the practice of the Athenian assemblies ts-no0, mat oi tne American House ot ltep reseptatives. " ' ' i after. raclunghisJiTtaginajjon for JCC-.3 d . LY the r.; 1 c n. lata .:":on-of C..:nz . . Ir- Tnjcroij dnvcHCorisoIalion.forhimlelf' tind " bi3ss6cjalcsViijitler:Hhe4VeF5ure.-Qf .t!i"es3dipaalamitie,,in tjie.faijure of-thej-Whim's toj Trec;oinplis!j "one -'measure- which. iney nan -rnucuai jieari."' it rs.-iner exercise of the "vetoVfor.which bc'-reserv'es all his nlo-4 ; ri Scat i n rr offUho'past j a nd- : fro ml Hv k Lc It' he" date; -all hj?hopes, for the' fututeCri Noth- ing but reitcYatctf vetoes, sustaining astrei)r Pcclavill recollect with -grajifmld1 the in wfiich he speaks of the power whosp c::- discon.tent. .'XAVv.-.-; ' i heice at c ur c -mr,...i ' is far loo limt. lea-ta diiow.u? 10 enterre at large u loahas I 'possessed; it Jiasbcr t ,su.ii'ui,lh'j T..it,5iy tntere angq tion3;wh;cbcdnr.eet th,e;nselves v. it , the a lo Drincrnle in mir nWrmTTf .tlci. and Wit has hpen pyprpid. wiLn! leave wholly ummproveci liair art opportunity for expressing our ffehelit views of it. 'Pi. tr i i i i ' 4 . J A ue yjsto, dv wnicn is uenotcq ta power body,, is, in its present ; (miMUtt our system Of Uovernment. 'Irs mciorhbra- tiore in the Constitution appears to bale been an error of iadt?nent in its founders! who. designing it as a guard against the exAesses of Democracy, have, by the introductiin of this sinMj feature, established for us aVnost a Monarchy under the name of a Republic. T U : a ' I -1 'L - c Ihe Constitution, as it stands, the wort of almost superhuman wisdom, all but perfect as it is, yet bears traces of the iufludpee of the atmosphere which the Conveuion breathed. When the oTice of Presideni of the Unjfed States was devised, and itskt tributes and powers defined, the Convention had General Washington in their eye. tie was their beau-ideal of a President, and tne Constitution was modelled with referente and adapted to the pattern before them, rath er than to that of human nature in generil. They had" tried Gen. W. during the fifteen preceding years, including the seven years' war, by every test to which virtue andUvalor could be subjected. They knew ft&jfr-to be proof against all the temptings of imbitlon, the seductions of avarice, and t he infirmi ties of tempter. This Veto Power, aid they, Will be safe in his hands, and it enable hirri to protect himself and his just Authority, should the Democratic branches ofjlhe Gov ernment be disposed lo press upop him too closely, or attempt to encroach upon his au thority. These are almost the very terms used in "the Federalist" in vindication, or rather in palliation, of this feature of the Constitution the Veto power not being so much attemp ted to be justified by that work, as" to be ex cused. " It will not be too strong to say see Federalist, No. 6& that there will be a constant probability of seeing the station 'of President filled by characters meaning ' Gen. Washington pre-eminent for ability ' and virtue : and this having such a man as jGeneraj Washington for President will be ' thought no fnconsideraT)Te redOVffnTSrfdatron ' of the Constitution by those who are able ' to estimate the share which the Executive ' in every Government must necessarily have ' in its good or ill administration." After ' having thus drawn the portrait of the President to be under the Constitution, the " Federalist" argues in favor of the Veto power, as follows : " The primary induce ' ment to conferring the power in question ' upon the Executive Gen. Washington is ' to enable Gen. W. to defend himself; ' the secondary, is to increase the chances in ' favor of the community against the passing ' of bad lawjS, through haste, inadvertence", 'or design." It maybe asserted, without fear of contradiction, that tbis anomalous power was fitted into the Constitution that, in fact, the office of President, throughout, was built up for the Man who was already destined to administer it. Many worthy patriots, who had served under Washington, ry power under military law, and had seen order maintained and rebellion quelled by it, regarded Gen. Washington as the personifi cation of judgment and integrity combined. They were more willingtoconfide in him than in the People. They were afraid to trust the People to " their own worst enemies, them selves." Some of them, as we learn from contemporary history, went so far as to be come reconciled to the Constitusfon only because of the incorporation .of this power in it. . That this power and other power entrust ed to the first President were exercised by him with forbearance and discretion, we need not remind any reader. Mr. Ingersbll him self adverts to the remarkable fafct, that, although the power of recommending mea sures to Congress is almost imperatively conferred upon the President, hefwas so deferential to the wisdom and patriotism of the Representatives of the People, that in his first Message to Congress he madonQjpecific recommendation wliatevcr. VVnh respect to the Veto power, how reluctant Gen. wash ington was to exercise it every one knovs who has read the history of the establishment of the first Bank, of the United States. He hesitated from real doubt to sign the bill,, and signed it at last against the advice of a majority of his Cabinet, being of opinion, with Mr. Jefferson, (then Secretary of State,) who suggested it to him, that if " the pro ' and the con, hang so even as lo balance his 'judgment, a just respect for the wisdom of ' the Legislature would naturally decide the balance in favor of their opinion :" for, said Mr. Jefferson, speaking in tbe spirit of the Constitution, "it is chiefly for cases where ' they are clearly misled by error, ambition, ' or interest that the Constitution hat placed ' a check in the negative of the PrejidenL" In planting this Veto power jh 'tae Gon- titqtinn;.mostjjr"crnber9 of thft: Coiftetioir : 1 d-: ncy v f Vasii i ngto: . . Hi iif . I'resideuCas-Jong n t was ..is own fault tha't ho wasrr . V of themral -ost doubtedrupon -t!:eir( peTience-of tlli pasf,;'whcihcf he K meritofll(lj outlet ;his4ffe. The-- mins boweverwho, sustained ' 3 tf by" Ihe alVpowetful popularity c'f, :WrashingtOnV-hirself .present. Jar. 1 r at their deliberationscarriethC liocTtHrouglhC thatWdy ' kne wiiT V about. ,i tf,.as e 1 Iieve, tL 'lerjringorr tha Prc'si Jcntial oL. zc 1 potyrV'theyv erre . upon tho-ti 1 r : in." common -with' tne 1 bq'dy c they .app.ear toliavefaddpted ; .that thisPeojile 'were1 ecemp; I ordinary, Jaws of national pr. delosipn,lhougri .weakened is: 1 ing yet' dispersed.' BuVit if surei iu reL.h.J i:3of u, u , - h" . :, I K If TrVtu'rn pur eyes aloi. t fast, we mustdiscover tl . . :ver Jfee.ry many" cases ; aancHol vofle abused: Uc .the -ost: dent J -dn.-j fc : " ' v fand j-."- - ing of history arises from the conviction forced upon us that the worst vices of Gov ernments have riserr from the corruption of conservative institutions. Amongst the best of the ancient Governments, there was no one instance in which the final issue was not the acknowledged rule of one Man; by what- ever title,, Monffrch in iaqt Such was the issue of " the great tribuni-f iiiwi puieniiamy wmcn was esiaoiisnea in the Roman .Republic, jiot, as iflfr. Ingersoll would have his readers believe as a safe guard against "dictation" by the People, (or the People's Representatives,) but directly the reverse, to protect the People against the tyranny of hereditary rulersj being as -different as possible in its inception and its ef fect from the Veto in our Constitution, which is placed there not to give effect to the will of the Peop!c,,bnt to defeat it, at the will or the pleasure of " one man1 elevated above the People, acting upon his sole responsi bility. The history of the trihunitial Veto, so exultingly referred to by Mr. I. was brief ly this: After expelling .their Kings, the Romans instituted the Consular Government which, under another name, was a disguised monarchy, consisting of two annually, elect ed Consuls, with a hereditary Senate, :and some municipal authority left with the Peo ple, rather to flatter and amuse than to pro tect them from power. This was so ap parent that the People, (the Plebeians,) op pressed beyond further endurance, revolted. They rose and retired in a body, one and all, to the Aventine Mount, peaceably, wiih-- out violence of any sort, simply declaring their intention to abandon the.city unless re lief was extended to them. The Senate, be coming alarmed, sent out the oldest and most'- popular men of their own body to treat with the People ; and, to appease the revolt, the Senate consented to the creation of Tribunes, to be elected annually from the Plebeian order, no Patrician being eligible to that station. The persons of these Tribunes were, while in office, sacred: and "their ''sole function was to interpose in all grie- ' vances offered the plebeians by their supe 4 riors. This interposing was called inierces ' sio, and was performed by standing up and ' pronouncing tho single word veto, Pforbid ' it." Almost coeval,with the Consular of flcej another wag crcnted-for extreofdwary emergencies of war or domestic disturbance. This officer, termed Dictator, clothetftor six months with absolute power, absorbed. for that period the Consular, Tribunitian, anOn deed all other powers of the' State. With these two species of elective Magistrates, the Consuls and the Tribunes,) the Senate was, however, in Rome, for many ages the substantial central power. But the Magis tracy created as Conservative the Dictator occasional! v, and the tribunes permanently imperceptibly undermined the power of the Senate and the People, .coalesced, and, under the name of Imperator, (General,) or, as we. have the term, Emperor, became the moat absolute Monarch that ever existed in Europe. So much for the V eto among the Ancients To come down to more modern ages, Eng lish history has shown most conclusively the otnninotenee of real Dolicv over external wnnsr jTiuiiann fi rutjjwmi ui JJl UUilJ Utld of colonial possessions encircling tbe world; with fleets and armies at his command, his person sabred by the laws, and clothed by the same laws with the Veto power absolute, what is in reality the British Sovereign? A Pageant made to otter words and to act as directed by the real masters. But neither the Pagea-nt or its directors have dared for. more than a century to pronounce the " I forbid" to the Legislative body. If this ter rific term rose to their tongue, it died away on their lips: the real, we might say the in herent, power frowned and overawed the outward legal form, To this forbearance of the King of England for so long a period of time to put a negative upon bi II3 passed by the Lords and Commons, the defenders' of our Constitution appealed, as a trjumpli"it reply to the suggestion of the danger, of an improper qse of that power. " If a Magis ' trate so powerful, and so' well fortifie m a 'Biiilsh Monarch," say the writers of " the 'federalist, "would have scruples about fi the exercise of the pow'er under considera.- 'tjon, how much greater caution inay be ' reasonably expected in a President of the ' United States, clothed for a short period of ' four years With the Executive authority of I' a Government wholly and purely RepublL . can.? 1 ims was a iair presumption, and. through very far from being an argument in ifavor of the Veto power, was, as far as it (vent, a good argument te dispel the appre hensions entertained of abuse in the exer cise of it. The argument stood the test of experience, also, remarkably well. For the first forty years of this Government the pow er wasjiot exercised more than half a dozen times. It was not until the Presidency of General Jackson that it came to be consider ed by its possessor as the familiar minister to his will. He took a pleasure in exercis in? it, apparently, for its own sake It grati fied his taste: there was something-niilitari TIC - T tc Ity i-rly bquivr fc ji'ded 1 ":i tifj . .t to "I 1. cr. 1 lineeri. ir over Consrrcr'.'."; It c; ir over Congrcr.i.'."; It c: ..lecLhim to 4aketl: 1 ;!icmonev fro m. i t3 I c ga tc us tod v i ritd bi s c :i , an d to; .1! uyth e po wer; :6t Coa- ress to recrafci if H ij in hispowerlo s.?5crt ti.vwig! "to,x)riginite lav,-? Whilst J-u.:!ng-his Vetoupon tL lold Congress tjnt, ifthey po cculd hav'G-frunicd. c: ;p!aiury. vl con suite ,il fcr'thera whk! n r j v, let b c, titnti ;..Miti ( f . 1 in tiroe, no czzq v-xe'rc; . rf ilia Vf ' 3 -r bv theL;t: !V" rnonarch. - Sin"' -f the Irene': C ;stitiTentAssenbly, 1 :ng the idea, pcrps, "from -tho : Cor., tit . of.tbe'.United.States, allowed the Iving on j q TT.fil 1? tili 2 b t , t hStn CiT V rnaw-Uo.3 ofi, jt iu!.4J ".'rvt, 'Ti.3 tio 'psent-Klng of therenclralso Iu3 a'Tfto; u. Kings also have the sjmc roVcr- Tr'.i j j , - f -yp - n5rch vvou ' V - ven t 1 ed, i 1'in.fi . e cf.t'ie V.cto as.. v.ts nuJc by:Prtu' c.it 3- c 1 - 1 our onsjtitution, the great dangerr as exp: iw.io urn uucttui sunu us, is uuisu iuuuii i ui us Deing usea to pre rent tne passage ot any particulariaw aof its being so used as effectively to concentrate in the hands of the ! 1 rPviilpnt t hrT .fntn t i fio 1 n W at vc I well a3 the Executive power. The reality of this danger was demonstrated under the Administration of Gen. Jadkson. It is fur her illustrated 5n the state, of things at this moment, whichj-Mr. IngersoII exults in, and which we most sincerely regret . Hvej, pri or to the last Veto,: it is known, tcTnquiry by Members of Congress, on co-nsuftation with the President's Cabinet Ministers and among themselves, was, pot wiiat sort of a biH will Congress pass, but whatsortof a bill will the. President sign ? Since the last Ve to, the question is still the same : not what sort of a plan for the collecting, safe-keeping and disbursing of .the-public money will Con jrret3 pass, but what sort of a dan will thq 'President approve ? .What ouglrt.to bt' taken lor granted (extreme cases excepted) has thus already become the subject of prelimi nary inquiry. " , This is entirely wrong; or, if right, it prove beyond question that the Veto prin ciple cannot be too;soon stricken out of the Constitution. " All Legislative nowcrs here in granted," says the Constitution, V shall be vested in a Congress of the United States :"U and " the Executive vover shall be vested in a President of tbe United States. Bv the term " le;islalivu"is intended " lawima- king;" by " executive is (see JJr. Johnson) "active, not deliberative ; not legislative ; having the power to put in act the laws." The Executive is not a part of the Legisla ture of the United States, as was most ex cefptionably intimated, for the first tune, in one of President Van Buren's Messages to Congress All Legislative power is vested in Congress ; which Congress, says the Con stitution, "shall consist of not the Presi dent and a Senate and House of Represent atives. Ihe veto power is, lfis true, giv en to the President, but it is girven to be ex ercised in cases admitting of no reasonable doubt, eithar as to constitutionality or exne diency, such for example as thatpfn attempt tb pass a bill to suspend the wrilof habeas corpus ; a bill respecting an establishment of 4igio t a bill of attainder or a hi 1 1 .UooXwe-folWw-tlMgm -at 4o4g dUtamto,; --Lei try any thing forbidden by the Constitution. l h v etD power, in a word, ougnt to ne con. sideVed as the extreme medicine of our sys tem, and'not as its daily bread. This is our theory in reference to the Veto -V m. T . rower, it is a power, in our opinion, sus ceptible of greaj abuse ; and, even upon our own construction of it, limiting its exercise to extreme causes, it is a uselessexcrescence on the Constitution, the ppwerof the Judi ciary being as effective and as instant as the Lxecutive Veto to remedy any abuses of Le gislative authority. i Whilst, however, the Veto power exists, it must be admitted that it is right in the Ex ecutive to put his negative'upon any billin regard to which, in the language of Mr. Jef ferson's Letter of advice to President Wash ington, his mind is, " tolerably clear that it is unauthorized by 'the Constitution." We therefore acquiesceferentiil-ia. t.ui&b u tiie'vetrtTb-CcWbf theiirst Bank yl ot too laat (iaanifiy,,ftn i..V'uJ uf ihti President's declaration o his solemn convic tion of its unconstitutionality ; nor are we disposed to . question his right to veto the se cond on the sa-me ground. Our conviction is not the less firm that his view ofhis dutym both cases was erroneous. He acted, con scientiously in doiflg what ?ie did. We are equally conscientious in the opinion that he' might, without violating either his oath or his duty, have acted otherwise. We believe that the Constitution author izes the establishment of a Fiscal Corpora tion, if a. Fiscal Corporation be a necessary and proper agent for the collection, custody, and disbursement of the revenue- Congress has the s&me right, in our opinion, to estab lish suchan 'agent as to establish sub-Treasurers or other agencies of a different de-; scription for' the same purpose. The case appears perfectly clear q us. But, suppose We doubted the power: what then 1 Why, 4hen, the Constitution,' anticipating suc'ri questions, has, vith far-reaching sagacity, provided a mode of- ascertaining;.the trub construction ofthe Constitution, vWiich con struction becomes as. much a part ef the fun damental law as Ute letter of the Constitu tion, and is equally obligatory upon all who are caWedMo its administration, from the highest officer in the Government down to the lowest functionary J s ; Such was the opinion of President Madi son before the Suprenjp Court had passed judgment upon the question of the constitu-' tional power of Congress to establish an in corporated bank as solemnly and deliberate ly as it has since dope. He considered the question, even then (in 1815) precluded by repeated recognitions, by the Legislature, the Executive, and fihalJy by the Judiciary, of the validity of such 4t institution. See his Messagedo ihe Senate Jan. 301915.- Since-that fla WlgnryVef 4h Snfei' y i- ccd t :'. c:.i ir: "jCl C USI "iLl.f 1, it 19 ll lcpla'.u.iof tLli Court tli'jt' . I - !r c f . .' ITn kel S rate 3 n a i." t 3 Ccastituuon, 1 i " -if t',e I b' cnar..":-yn;3 1 act:toa,.-Dq flaw m'aJ i ia art of il i 'is. Etpfef.' , .' ' ,r" 1 - - 3 f t 1 r 1 i 2 rcsj z :ru cs wVe, ti.oi tl I T 41 if jct.' -At Last he 1 w n his C7'nic:i,i. "tl, j charter cf lT:c; 1: Oi-i. - J i - i - -. ' " . n - " ' t 1 U - ..lili.. v. .... t 1 1 . t Ui.it u..i;r ithout 1 Ice pf Xlj Ljgersoli's altr.c'. v-fon tL-.lt. f V . ( : ice t f 11- . it.. 1 1 t: t' a-: .rr i 1 . ; ' . anjobfyTealized their, most'eaaltetliiobes. vjuarueu dv eveTV nunian precaution irom the apprbacnes of Darlywspirit, it has- ever preserved itspuhty uven wlule tbepestilence of fartrnn was ramn all around. C4nmon, ed to the understanding m3 endeared to tfie;! affections of jtjfreelui erijightened People by " i ilajthfUVablei eteT :A abl4erciseof PhVsubliirief compreJlelsiveneS3,, to Mr.' Ingergoll and his party belongs the irreverent originality of scoffing at this High Court, and striving -I vaiuly indeed, to expose its august functions to public ridicule and contempt. The pas sage in this Addresswhich so grossly carica- A r..1..'.j! new nnd m-.Ann J S c htures the Court, and invites the People of ' the United States to contemj)late them en gaged in a supposed "farce greater than. ' the imposture of augurs predicting futurity from the entrails of slaughtered beasts,''1 is not more vicious and unredeemed in point of rhetoric, than it is abominable in ' its snirit and intention, and wanton and unnecessary ' in the trum and purjose of the argument (if ! it deserves t jie name) to which it is attached. ' lH ne wortl, it is thorpuirldy and in efcrr re)tct unworthy of the character of .Mr. lii ' x gersoll as a scholar, a gentleman, and a dis- ; tinuished barrister; and lias liothiri" to. )Tead jn mitigation of its offence hut the fa- ' 's tal influence which rancorous p'arfy spirit ex- . r erciscs wire ihe senses of all WfrOilvTrflnin 'I5 l-its attposphere. A c have neither time nor room hore lo expatiate upon the constitutional powers and duties of the Supreme Court, nor to expose - tie Heresies in relation thereto which have een so industriously andartfully disseininat- ; ed .by certain of the political leaders and I partypresses of the day. V iKitcvcr mav be ". - the " dogmas of the Whig parly with tu- -fT gard to those powers, they are all resolvablo s to that great and leading tenet, the supremacy of the laws. Beyond this they have ni vr V stretched. Short of it they can never ha restricted. In conclusion: Mr. Ingersoll cfoses hi... Address by saying that " tbe Winter of our. theOpposilion's discontent has passed away ' during a Summex. Session, and Spring ' opens upon the Fall Electionsvih all its , ' reviving promise. We can hardly hope to rival our autnor s inguts ot tancy.. . Mucli it our wing, nowever, thus: Uf so surprising a dance of the Seasons as the Spring opening upon the J" all " with all its reviving promise, 11 ine natural consequence would seem to be that Fall, with all its fading tints, its por tentous gloom, its gathering clouds and ris ing'storms, will be . precipitated upon tlm Spring. The hopes of Locofocoism, revived by recent occurrences, may exhibit here and there pme buds of promise ; but blossoms' in 'Autumn are out of the order of Nature, and he who counts upon fruit from them .is destined to disappointment. These untime ly flowrets may hang out their flattering huts, and cluster " with all their blushing honors thick upon them." But "the third day comes a frost, a nipping frost !" Instead, of furnishing brigtit garlands for the brow of victorious Locofocoism, the Autumn f!ovcr will bedriven from their stems by the wintry tindajadlU with leswtthereo; emblem' 6r hopes retitetl N-p only .to5e 'Wlirhtut;rvi.Vt4.::' RAILWAY AND STEAM-POWER 3,600- -- YEARS AGO. The lost Arts of the Ancient Egyptians. If the Thebans 1800 years before Christ,, knew less in some-departments of useful knowledge than ourselves, they also in others ' knew more They possessed the art of tem pering copper tools so as to cut the hardest ' granite with the most minute and brilliant precision. This art we have lost. Again, what mechanical means had theyto raise and fix the enormous imposts on the lintels of their temples at Karnae 1 Architects now confess that they could not raise them by the usual mecfiauical powers. These means must, therefore, be put to the account of the " lost art3." That theywere 4familiar with the principle of Artesian wellsdias beeh late ly proved by engineering investigations car ried" on while, bonhg for Water in the great oasisV, That they were, -acquainted with the principle of the railroad, is obvious, that is to say, they had artificial causeways, leS'tlled, direct and grooved, (the grooves being a uointed with oil,) for the conveyance from . great distances of enormous Jrhjets of stone, entire stone temples and'colsoal statues of half the height of tho monument. 4lern nants f iron, Jt is said have1 lately been, aound fb these grooves. Finally, M. Arago has argued, that tbey not only possessed a knowledge of steam power, which they em- ployed ir the cavern mysteries of their ' Pagan "free-masonry, (the oldest in thejyorld, -of which the pyramids yrcre the lodges,) but thairthe modern s'teani engine s lerjved,' through .Solomon de .Ctaus, the prctUcessor :pf Worcester, feotacthel invcntioflTbf Hero, the Lgyntiaerjgmeerw! -Th. ir ?.r- f. ID Jl'J... .. . . . .3 ll.ts c T 1 most ! ' 1 r.p, -i-.inr fi rv ! fit tr-, r t e.c. 1 cfc tLa i fa hav '-4 ! Ii - - i ti -it i -ii MS '1 m m -3: "5; 1 w P V r ... -v f u A. - s -' .O v. r!: -- J..- c-.:f ,s .'"v t-;'.. if -?