Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-12-30
GAZETTE.
co y G. R Il SIS .
MIR CLAY,s spEECH,-CosrrsvED.

.h., are nv ou n views to the structure OF TINS
Government. | hold that-nO powers can iegiti
ma,ely be exercised under II but such as are ex'
nr.ssiy delegated, and those "hieh are necessa-
~ TO carry these into effect. Sir, the Executive
nower. as existing in this Government Is not 10
+, ,r,ced 10 the notions of Montesquieu or OF
80 other writer of that class, in the abstract Nd
,,,s of The Executive power. Neither Is the ie-
oislatiye nor the judicial power to be deciCeo oy
any such reference. These several powers WIN
M whatever they NAV be elsewhere are just
what the constitution has made them, ana no
,L;n, more And az TO the general clauses IN
'.h;rh reference is made to either, they are to
hs controlled and interpreted by those where
those several powers are specially delegated
o,herw,se the Executive will become great 'or-
tex that must end in swallowing up all inc rest
Nor will the judicial power be any longer re-
strained by the restraining clauses IN tne Cons''
tuition, which relate to ITS exercise. "na' ."eu'
!, will he asked, does tins clause. that the fresl'
AN, shall So. that the laws are faithfully execut-
cd mean? Sir, il means nothing more nor less
,ha, ,h,s that. If resistance is made 10 the laws,
he shall take care that resistance shall cease
Congress-. by the LIST article Of the 9th section OF
the Constitution is required TO provide Tor call.
inc out the militia to execute the laws, IN case OF
resistance. Sir, il might as we'll be contended'
under that clause, that Congress have the power
of determining what are, aud what are ho'' me
laws of the land Congress has the power OF
calling out the militia; we'll. sur what Is the RE
si,Ient. by the Constitution! tie IS commando
of the army and navy OF the United states. anu
of the militia when called out into actual ser
vice When, then, We are here told that he Is
clothed with the whole physical power OF the ma.
ton, and when we are afterwards tod, that ne
must take care that the laws are faithfully exc
cuted, is il possible that any man can De so loSt
20 the love of liberty, as not to admit tha' 'his
GOES no further than to remove any resistance
which NAV be made to the execution Of the laws!
We have established system IN which power
has beeu carefully divided amopg different de-
n,r,ments Of the Government. And We have
been told thousand times, that this division
ia indispensable as a safeguard to civil liberty
We have des, grated the departments, and have
established m each, officers 10 exercise the pow
ar belonoinu 70 each. The President, II is true.
nresides over the whole: his eve surveys the
,vhole extent Of the system in all its movements
BIT has he power to enter into the courts. Tor ex
annie, and tell them what II to be done: VIZ
NAV he come here and tell US the same! VT
when we have made law, can he withhold the
power necessary to its practical effect: Tie
moves, il Is true. IN high, glorious sphere. Ii
is his tn watch over the whole with paerna
eve; and, when any one wheel OF the vast ma
chine is for "a time interrupted by TIE occur
renee OF invasion or rebellion. 1t IL his care to
propel its movements. aud to furnish II win me
requisite meaps Of performing its appropriate dn-
~ in it's own place.
That this is the true interpretation Of the cons.
tutional clause to which have alluded. is inter.
red from the total silence Of all eontemporaneous
cxpositions Of that INSTRUMENT on the subject
have myself land when IL was not IN my power
personalIy have caused others to aid me, made
researches into the numbers OF the Federa!lst;
the debates in the Virginia Convention, and IN
the Conventions in other States. as well as all
other sources Of information to which could 90
tain access, and | have not, IN solitary IN.
stance. found the slightest color for the claims
set up in these most extraordinary tunes Tor the
President. that he has authority to afford Or with
hold at pleasure the means OF enforcing the laws,
and to superintend and control an officer charg.
ed with a specific duty. made by the law exclu-
sivelv his. But, sir. have found some authori
ties which strongly initiate against any such
claim. II the doctrine be indeed true, then it
Is most evident that there is no longer ANY con-
troll over our affair, than that exerted by the Pre-
s;dent II II be true that when 4" 49, - ~ -
specifcaily assigned to particular oWee', inc
P,es,dpot NAV 90 INTO his office and control nm
i, n. manner Of performing it. then IS IT most
manifest that all barriers tor the sa'e'y U. u'e
Treasury are gone. Sir, it is that union OF the
pnrse and the swori in the hand OF one man.
which constitutes the best definition ot tyranny
which our language can give.
The charter of the Bank Of the United States
requires that the public depOsites be made IN us
vaults. Ii also gives the Secretary OF the lrea-
sury power TO remove them;-snd ~hys Inc
Secretary is at the head of the finances OF the
Government. Weekly reports are made ov the
bank to him. H. is TO report to Congress annu
aIIv: and to either House whenever he shall De
called upon H. is the sentinel OF Congress
the agent Of Consress-the representative "'
Conoress. He has been created nv CONGRESS
Congress has prescribed and has defined MS ou
Ges He i, required to report to them. not u
IN. President He is put there bv US as our re
presentative: he is required TO remove the dePo
site. when thew shall be- in danger, and we no
in session: but when he does this, he IL required
10 report TO Congress the fact. with hrs reason
for it. Now, sir. II. when an nfhcer OF cover"
ment is thus specifically assigned his duty. ~ n
"a IN reDort bis official acts on his responsibility