Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-31

are necessary TO carry these into effect Sir the Execu-
1--WE power as existing In this Government 10 be
traced TO tho notions Of Montesquieu Of any other
writers oil that class In the abstract Of the Execu
tive power Neither Is the legislative the judicial
power be decided by sny such reference These Sc.
verai powers with whatever they may be ewhere
are just what the Constitution has them nothing
more And as to the general clauses In which reference
Is made to either they to be controlled and
ed 10y those where these several powers are specially
delegated, otherwise, the Executive will become grea,
vortex that must end in swallowing up oil the rest Nor
vii the judicial power be any longer restrained bv the
restraining clauses In the Constitution which relate to its
exercise. What then, il will DO asked does this clause
that the President shall that the laws faithfully
executed, mean! Sir, II means nothing nor less
than this. that II resistance Is made TO the laws no shall
take that resistance shall cease Congress- by the
LIST article Of the Sh section Of the Constitution Is re-
CURED to provide for calling out the militia 10 the
laws, In case OF resistance. Sir, il might well be
contended under that clause, that Congress have the
power Of determining ~hat are, and what not, the
laws o. the land Congress has the power Of calling out
tne militia; well sir what 10 the President, by the Con-
su'ouon. tie Is commander Of the army and navy OF the
United States, and Of the militia when called into
tua service When, then, we are here told that he Is
clothed with the whole ply steal power o, the nation and
when afterwards told, that he must take care that
the laws are faithfully executed, is it possible that any
man can be so lost to the love OF liberty not 10 admit
that this goes ur her than remove sny resistance
which may be made 10 the execution Of the LAVISH We
have established system in which pow be
W divided among different departments OF the
And have been told thousand times, that tis dvi-
sion indispensable safeguard to civil liberty. Wehsve
designated the departments, and have established In EACH
officers to exercise the power belonging each The
President, IL Is true presdes the whole: his eye
surveys The whole extent OF the system in all its
meh's But has he pow r to enter into the courts, for
example, and tell them what is to he done Or may
come here and tell us the Or when we have made
law can he withhold the power necessary prsc-
ucal ehect He moves, is true, in high, glorious
sphere Ii his 10 watch the whole with aernal
eye and, when any wheel OF the machine is for
lime interrupted by the occurrence Of invasion rebel
ion Is his care to propel its and to furnish
with the requisite means of performing its appropriate
duty in its own place.
That this is the Interpretation of the constitutional
clause to which have alluded Is inferred from the
silence Of all conemporaneons expeditions Of that insru.
ment on the subject. have myself (and when Il was
not in my power personally have caused others to aid me
made researches n'o the numbers OF the Federast the
debates IN the Virginia Convention and in the Conven-
tons in other States well all other sources of infor
nation to which could obtain access and have not in
solitary instance, found the slightest color the claims
set up in these most extraordinary times for President
that he has authority TO afford withhold pleasure the
means oil enforcing the laws, aud and con-
troll an officer charged with specific duty, made by the
rites which strongly initiate against any such claim
the doctrine be indeed true, then it is evident
there s no longer any control affairs that
erted by the President II il be trne that when duty is
by law specifically assigned to officer the Pre-
sident may 60 into his office and control him in
ner oil performing it, then is il most manifest that all bar
rers Tor the safety Of the Treasury gone Sir is
that union Of the purse and the sword the hand Of one
man which constitutes the best definition tyranny which
our language give.
The charter Of the Bank of the United States requires
that the public deposites be made in Its vaults Ii also
them;-and why' The Secretary is at the head OF the
finance: OF the Government Weekly reports are made
~; and to either House whenever he shall he called up.
on He Is The sentinel Of Congress-the agent of Con-
gress-he representative Of Congress. He has been
ated by Congress Congress has prescribed and has
fined his duties. He IL required report to them not 10
the President He is put there by us as our
tive he is required remove the dcposites when the
shall be in danger, and in session when he
does this he required report Congress the fact with
his reasons Tor it, Now, cir, IT, when officer Of Co.
| Varn ont 10 lima na,sE
to report his official acts his responsibility to Congress
IN case where no power whatever is given 10 the
president, the President may 60 and cay that officer
Ego and do bid you, you shall be removed from Of
hce"-let me ask whether the danger apprehended by
that eloquent man has not already been realized
But, sir, let Inc suppose that mistaken in NV con-
strucon OF the Constitution; and let Inc suppose that the
President has, contended power 10 see evey parcu
lar law carried into eect what, them his duty
90 III e present case under the clause thus
The law authorized the Secretary of the Treasury to
move the depostes on his responsibility to Congress
laws, faithfully executed then surely the law enacted
him that he should that tho Secretary was allowed
exercise his ec unbiased, uncontrolled judgment in re
moving or not removing them. That the execution
OF the law Congress had not said that Secretary
War, or the Secretary OF State might remove the public
| deposites from the Treasury.
The President had no rig Int TO 90 10 the Sec,e,,,y
War; and ask him what the Secretary Of the Ire
todo He might as well have consulted the Secretary
the treasury about contemplated of the army
as TO ask the Secretary OF ar about the disposition of Nh
public moneys Ii was not the President and all hi
secretaries combined, That the power given
the disposition oil the depoes in the bank IL was 10 The
Secretary alone, exclusive of the President and all In,
other officers OF Government. And according 10 gentle
mems own showing, by their construction OF the
the Secretary ought to have been left his own unbiased
determination, uncontrolled by the President or any bod,
| else
Fl would thank the Secretary of the Senate to get m,
the Sediion Law. 1t is very certain how soon w,
may be called to act upon it'll
Now, sir, said Mr.. C., let some of the obe
sources OF the exercise of this power or motives for it,
by Whatever other name they TO be called He saw
10 Mr. Duane, the President repeats that he begs hi
Cabinet consider the proposed as his i,
the support oil which he shall require no one of them Il
make sacrihce oil opinion principle. its RESPONSIBLE
ity has been assumed, after the mature delibera
uon and reflection, as necessary preserve the morals
oil the people, the freedom of the press and the nu,i,,
OF the elective franchise Tho morals of the neopi
VIVA, part oil the Constitution has given 10 the Preside,
any power over " the morals OF the people! None
does not give such power even religion the presd
ing and genial influence every system Of morals
| No, sir; 1t gives him such power.
And what is the step! To-day he claims a nowe
necessary TO The morals of the Peoples TO- morrow bs
will claim another, as still TO our re-
hgion And the President might in this case as well
said that he went into the office of the Secretary of bs
Treasury and controlled his free exercise of his autboi,
as secretary, because 1t necessary TO preserve
religion OF the People !" ask for the authority viii
any one OF these gentlemen here who consider
as The vindicaors OF The Executive point me TO suy cIauss
OF the Constitution which gives the present President
me United states any power to preserve ihe morals
| the People?"
But ''ihe freedom Of the Press, il seems was another
motive. Sir ] am not surprised that the present Seer.
tary OF the Treasury should feel desire TO revive ,b
power over the press. He, think, was a rneIDber n
mat party which passed the Sediion Law under
| ly the same preext recoIect IL was said ,',t ,b
nanx ms mon-ier OF tyranny, was taking into its pay