Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-12-28

og er and above those in the Constitution, or, at
least, as expressive of their appreciation of the
exercise of them. SIR, differ from the Presi.
dent on this point; and though il does not belong
exactly to this place in the argument, viii add
a remark or two on this idea. When the people
elected the present Chiei Magistrate. it is not a
necessary inference that they did it on account of
his own merits, and the unworthiness Of his com.
petiror.: nor was it intended thereby to express
their appreciation Of all the opinions he was known
to hold Sir, il cannot be believed that the great
State Of Pennsylvania, for instance, which has
so Justly been denomlnated the key stone Of our
federal arch, IN voting again and again for the
present Chief Magistrate, meant, by that act, to
reverse her own opinions on the subject OF dumes.
tic industry Sir. the truth Is, that the re elec.
ton OF the President proves as little an appruba
,lon by the people Of ali the opinions he may hold
(even # he had ever unequivocaIly expressed
what those opinions were. thing which he new.
er, so far as my knowledge extends. has yet
done) as it would prove that il the President
had a cartuncle or the kings evil, they meaat
BY re.eieeting him to approve Of his carbuncle.
But the President says, that the duty :. has
been devoIved upon him" to remove the deposies
by the Constitution and the sutfrages Of the
American people" Sir, does he mean TO say
source Of power? That he derived an authority
from them which he did not hold as from any
other sourcel If he means that their SURFACES
made him the President OF the Unted States, aud
that. as President, he may exercise every power
| pertaining to that Office under the Constitution
and the laws, there is none who ccntrovert i,;-
but then there could be no need TO add the sui.
frages 10 the constitution But his language i,
, I" the suffrages of the American people and the
constitution" SIR, deny it There is not q
syllable 10 the Constitution which imposes any
such duty upon HIM. There Is nothing OF any
such thing: no color to the idea. Ii is true that
bv law. all the Departments, with the exception
of the Treasury, are placed under the general
care Of the President. lie says this is done BY
the constitution. The laws, however, have ap.
pointed but three Executive Departments; and.
il is true. that the Secretaries are often required
by law TO act, in certain cases. according 10 the
dircc lions of the President. So far, it is admit
ted that they have been, by tine law, mot by the
constitutional placed under the direction OF the
President Yet, even as TO the State Depart
ment, there are duties dey0lvIns upon The Sc.
cretary over which the President has no control.
and for the non performance OF which that officer
is responsible, not to the President. but to the
legislative tribunals, to the courts OF justice.
This is no new opinion. The Supreme Court, in
the case of Barbary and Madison, expressed ItIn
terms.
Though the President is mistaken in his asser-
ton, that the constitution devolves upon the Pre-.
sdent the superintendence Of the Departments,
there IS one clause of that instrument which he
has very correctly quoted, and which makes 1t
his duty to see that the laws are faithfully ex-
ecuted," as IT is mine now to examine what au'
thority he obtains by this clause in the case be-
fore US. Under it, the most enormous preen.
sions have been set up for the President
Ii has been contended, that il a law shall pass.
which the President does not conceive to be IN
conformity with the constitution, he is not bound
to execute il; and if treaty shall have been
made, which, in his opinion, has been unconsn'
tutional in ts stipuIatons, he is not bound to en-.
force them. And it necessarily follows that, II
the courts Of justice shall give decision, which
he shall in like manner deem repugnant to The
constitution, he is not expected or bound TO exc
cute that law. Sir. let US look little into this
principle and trace 1t out into some ut It's conse
quences.
One Of the most important acts performed al
the department, is to settle those very large &C
counts which individuals have with the Govern
ment; accounts amounting to millions o. doi'a's;
to settle them, all auditor and acomP'roI'er have
been appointed by law. whose 9th 'aI ae'' may
affect. to the extent OF hundred, OF thousands Of
dollars, the property OF individual contractors
If the preten,ions Of the President are well lound
ed, his pow er goes further than he has exerrd IT,
He NAV go into the Office Of the Auditor, or the
office Of the Comptroller, and may say to hin,
sir, MIR. A. Is has an account under settlement
ln this office. one item Of which. objected I" oy
you, | consider TO be in accordance WIN inc
pass that account, and SEM u
the Auditor; and he may then 90 the Auditor
and hold similar language. u the clause OF ,"G
c Constitution is to be expOunded, as is contenueu
for, It amounts to a complete ABSORPTION Of o.
the powers Of Government IN the person OF the
Executive. Sir, when ductrne like this shaI
be admitted as orthodox, when it shall be atqu'
ssced in by the people Of this country our oO'
eminent will have become SIMPLE machine ~"
,ush. The will of the President vii De Inc
whole Of it, There will be but one bed ana
hat will be the bed of Procrustes: but one WIZ
he will Of the President All the departments
md all subordinate funclionaries OF the govern
nent. great or small, must submit to ihat WIZ;