Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-12-30

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moving or not removing them. That was the
execution of the law. Congress had not sa'o
that the Secretary Of War, or the Secretary OF
State. might remove the public depostes trum
the Treasury.
| The President had no right to 60 to the Secre-
,arv of War and ask him what the Secretary OF
| the Treasury ough, to DO. He might as we'll
have consulted the Secretary OF the Treasury
! about a contemplated movement OF the army, as
To ask the Secretary Of War about the disposition
of the public moneys II was not to the Pres''
dent, and all his Secretaries combined, that the
power was given to alter the disposition OF the
deposites IN the bank. Ii was to the secretary
alone, exclusive OF the President and all the other
officers of Government And according TO gen.
,lemen's own showing, by their construction OF
the clause, the Secretary ought TO have been lett
TO his own unbiased determination, uncontrolled
by the President or any body else.
RI would thank the Secretary OF the Senate to
Get me the SeditiOn Law. Ii is not very certain
how soon we NAV be called TO act upon it.l
Now, sir, SAID Mr.. e., let US trace some OF the
other sources Of the exercise Of this power, or
motives for il, or bv whatever other name tney
are 10 be called. He says to Mr.. Duane. " the
I" President repeats that he begs the Cabinet to
.. consider the proposed measure as his own IN
.. the support OF which he shall require no one OF
{. them TO make sacrifice OF opinion or princl-
"p!e. Its responsibility has been assumed, al
Is ter the most mature deliberation and retection
as necessary to preserve toe morals OF the peo'
=. nile, the freedom Of the press, and the purity
8. of the elective franchise" The morals OF the
peonle! What part of the Constitution has CIV
en- to the President any power over " the morals
of the People! None 1t does not give such
power even over religion. the presiding aud gent
al influence over every true system OF morals
No. sic; it gives him no such power.
Aud what is the next step? To day he claims
a mower as necessary To the morals oi the People;
to morrow he will claim another. as still more IN
dispensable TO our religion And the President
might in this case as we'll have SAID that he went
into the office Of the Secretary Of the Treasury,
and controlled his free exercise OF his authority
"a Secretary, because it was necessary TO pre-.
serve {" the religion of the People," ask for
the authority. Will any one OF those gentlemen
here who consider themselves as the indicators
of the Executive, point me to any clause OF the
Constitution which gives to the present President
of the United States any power TO preserve ''the
morals of the Peoples'
But - the freedom Of the Press" il seems.
was another motive. Sir, am not surprised that
the present Secretary of the Treasury should
feel desire TO revive this power over the press.
He, | think, was member Of that party which
passed the Sedition Law, under precisely the
same pretext. | rscollect il vas SAID, that this
Bank, this monster of tyranny, was taking into
its paw countless number of papers, and bv this
means was destroying the fair fame OF the Presl-
dent aud his Secretary and all that sort OF th'ng
Sir, it's sometimes useful to refer back to these
! old thines-to the notions and the motives whlch
induce ed men in former tines to do certain acts
which may not be altogether unlike some others
| in our own time.
| The famous Sedit,on Act was passed, sir. in
| 1898; and il contained, among others, the follow.
ing provision:
! Sec 2. -. That If any person shall write, print.
utter, or publish; shall cause or procure 10
=. be written, printed, uttered, or published. or
~ shall, knowingly and willingly, assist or aid in
- writing, printing, utterins, or publishing, any
=. tai &c, scandalous, and malicious, writing or
=. wri6ags, against the government OF the United
' States, or either house OF the Congress OF the
" United States, OF the President of the United
" States with inten, to defame the said govern
meat. or either House OF the said Congress, or
:. the said President, or to bring them, or either
I" of them, into contempt or disrepute; then such
person, being thereof convicted before any
+" court of the United States having jurisdiction
=. thereof, shall be punished by fine not exceed
"Ing two thousand dollars. and by Imprisonment
" not exceeding. two years."
| We have now. Sir, in the reasons tor the re
moval of the Government drposites. the same
motives a.%%sA aRA sfIssa pS u.d aensass ~
conte mptuous language to persons Ugh III author
ity, constituted the motives for passing the SedI-
ton Laws aud what have We now but repetition ct
the same complaints Of abuses, disresPect, &c.
As it is now. SO it was then: for, says the next
section OF the same Sedition Act, That 1t any
" person shall be prosecuted under this act Tor
=. the writing or publishing any libel aforesaid,
:. it shall be lawful for the defendant, upon the
trial Of the cause TO give IN evidence IN his de-
{" fence, the truth of the matter contained IN the
=. publication charged as a libel. And the jury
who shall try the cause. shall have a right 10
:. determine the law and the fact, under the al
:. c,ion of the court, as 10 other cases.
Ii only for the sake of The truth. said they
who favored the passage of that law-tor the sake
Of Justice; as il is now SAID thst 1t was necessa'
nv to remove the deposi,es in order TO preserve
the purity of the press That's all. Sir. Bp'
there Is one part of this assumption OF power oy