Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-02-08

Americs, or OF any the small s. pc-.icn OF
it. cannot figure to myself the possibility
that such project can ever find its way
into the head or heart of any man or set of
men whom this nation may select as the de-
pos'tories of its power; but am quite sure
that an attempt IL excite such prof CT in
a cammercialtreaty or inany other treaty
or i'm any other mode, ccuid wo K no other
effect than the destruction of those who
should venture to b. parties 10 it, no II after
VIII tier President. Senate, or a who,e
4 Mgress. Nj my extreme cas- have been
put tor illustration in tn debate; and this is
one of them and take the occasion which
1t offers to mention, that to argue from eX-
treme cas- S is seldom logical and, upon a
quest on OF inter pretat or, never so. We
can only bring back tn means If deluSion,
IT we wanerinto toe regions of fiction and
explore the wilds of bare possibility in
search OF rul for real fe and actual orcli-
nary cases. BY arguing from the possible
abuse OF power against the use or existence
OF II, YOU may and must come to the conClu-
sion that there ought not to be, and IS not,
any government in this country, or III the
world. DISCRIMINATION and anarchy are
the sole consequence that can be deduced
from such reasoning. Who is it that may
not abuse tn power that has been con6ded
to him M Y not aoe, as we'll as the other
branches OF the government AMI, if we
may, does not the argument from extreme
cases prove that we ought to have no pow
cf, and that we have no power And does
It not, therefore, after having served for an
instant the purposes of this bill, turn short
upon and condemn its whole theory, which
attributes to us, not merely the power which
is our own, but inordinate power, to be gain
ed only by wrestling it from others Our
constitutional and moral security against
the abuses of the power of the Executive
government having already been explain
ed, ] will only add that great and mani
fest abuse of the delegated authority to
make treaties would create no obligation
any where. If ever it should occur, as /
confidently bell it never will, the evil
must find its corrective in the wisdom and
frnness, not of this boly only, but of the
whole body of the people cooperating with
it, 1t is after all in the people, upon who e
Atlantean shoulders our whole republican
system repoSeS, that you must expect that
recuperative power, that rcdeeming and
regcneratng spirit, by which the consti:u-
ton is to be purihed and redintegrated
when extravagant abuse has cankcred it.
In addition to the example Of a treaty of
P~oNS NhtNi Il nave just UGcU constructing,
let me put another, of which none ofus can
question the reality. The President NAV
exercise the power of pardonmy, save only
in the case of impeachments. The power
ofpardoaing is not communicated by words
more precise or comprehensive than the
power to make treaties. But to what does
1t amount? Is not every pardon hro hQc
piee repeal OF the penal law against which
it gives protection? Does it not ride over
the law, resist its command, and extinguish
its effect B? Does it not even control the
combined force of judio ature and legislaii-
on Yet, have we evei heard that your
legislative rights were AN execution out of
the prerogative of mercy Who has ever
pretended that this faculty cannot, if regu-
larly exerted, wrestle with the strongest
of your statutes / may be told, that the
pard0ning power necessarily imports con-
troll over the penal code, if it be exercised
in the form of pardon. ] answer, the
power to make treaties equally impose a
power to put out of the way such parts of
the civil code as interfere with its operati-
on, it that power be eXerted in the form OF
a treaty. There is no difference in then,
essence. You legisiate in both cases sub
ject to tie power. And this instance fur
ishes another answer, as l have already
lhtIindleS, 10 the predictions OF abuse with
which, on this occasion, it has been endea-
vored to appal us. The pardonlng power
is in the President alone. He is not even
checked by the necessity of Senatorial con-
currence. He may by his single Ifat ex-
tract the sting from your proudest enact
ments-and save from their vengeance a
convicted offender.
Sir, you have my general notions up IN
the bill before you. they have NJ claim
to novelty. | imbi5ed them from some of
the heroes and ssges who survived the
storm of that contest to which America
was summoned in her cradle. l imbibed
them from the Father Of his country. Nv
understanding approved them, with the
ful! concurrence OF my heart, when / was
much younger than am now and feel
no disposition to discard them now that age
and scebieness are about TO overtake me.
could say mOre--much more--upon this
high question; but / want health and
strength. Its perhaps fortunate for the
House that do; as it prevents me from
tatiguirg them as much as l am fatigued
myself.
HOUSE OF REPRESENTATIVES,
February 2.