Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-02-19

Our Government was uooiSHoo =
have three great coordinate branches le L.
oislat;ve to enact. the Judiciary to interpret, the
Executive TO enforce; and neither to trench up
on the nrovince of the other. But, the Presl-
dent now sets himself up as supreme Judge over
both the other departments, TO review tneif oe-
crees and reiudge their judgments. ne may
make solemn legislative enactmehts, anu Whal
nan we do with them? enter them on record in
in the Secretary's office. The courts may pass
their solemn judgments, and what further can
thew do? record them in the office OF the clerk.
But both are as lifeless as the dead parchment
upon which they are enrolled unless the EXecu-
tive shall impart vitality and energy by carry
ing them into action. But by this new pre-
rogative he may leave the whole or any part TO
eternal silence and oblivion. He has only to
say to his marshals or any other inferior offl-
GERS. execute no law or process upon PAIN OF IN
slant removal, and it is done. The whole STA
tute-book is at his mercy. Sir, a dispensing
power like this is denied to the British King by
the very first article ofthe Bill Of Rights of Will
liam and Mary; and Magma Charta, that near
est approach to a written constitution in Eng
land, is not and cannot be subjected to royal IN
depreciation. | say this upon the authority OF a
book now before me. Long and dire expert
ence has there taught them that II a single IKE
cutive be permitted to give construction TO laws
and constitutions; to become the interpreter or
his W powers, there will soon be no other pow
ers in the kingdom, and no constitution Dut MS
will.
A king of England or France who should at
this day disregard the act of the Legislature or
the DEGREES of the Judiciary, would not only
shake their thrones to their foundations, but might
soon see erected in their stead the bloody scat
folds ofLouis and Of Charles! Shall a repub-
lican President have prerogative over both?
There is one new device for the extension of
Presidential power, so anomalous and eXtraor-
binary that it is difficult to classify or character
iZe it. 1t may perhaps be denomlnated the split
ting veto, or partial dispensation. By which, as
in the case of the Michigan road bill in 1881,
the President, when an act of Congress is pre-
sented, accompanies his approval with an eX-
planatory message, (by way OF rlder) limiting
and restraining it's meaning and import; thus in
effect approving in part and vetoeing in part;
whereby a precedent is established by which,
should it have its natural growth, If an appro-
priation bill were to be accompanied with con
ditions and limitations, he might accept the
agreeable portion which gave the money, and
reject obnoxious restrictions upon its use.
Is it not true, disastrously true, that the same
hand now grasps the sword and the purse of the
nation? now controls the army, the navy, and
the treasury? We are told that the President
only determines Uhere our treasure shall be kept,
and aoho shall have the custody. He has only
power by his single will Of placing the whole or
any part of the public monies in the hands OF
any corporation, or any individual or any num-
Der of individuals at any time or place., upon
any condition that may suit his pleasure-that
if a military expedition or other purpose were
in contemplation, he might make the Paymaster
General the Commissionary Generals; the Fourth
Auditor or any other officer agent or partisan
of the depository Of the public moneys.
Sir, the man who should abstractt the contents
of your pockets and put them into his own,
would only change the place Of deposite. But
the senator from Virginia (Mr. Rlves) tells us
there is no danger, because the President can
not raise money. Did the gentleman forget that
permanent revenue laws already exist, that the
streams now flow into the Treasury from a per-
ennial source, to be intercepted only by new
acts of legislation, which the veto power stands
ready to suppress2 But, the President cannot
raise money; so says the Senator from Virginia,
so says the Constitution. Congress and Con
gress only is to Law imports and " 6oTrO1D money!"
But within the last year the Chief Magistrate,
by one of his Departments, for which, as his
friends all admit, he is responsible; whose acts
are his acts, has borrowed four hundred thousand
dollars. And if that sum may be borrowed tor
the Post Office, without law, why may not four
millions be borrowed for the Treasury, or forty
millions for the army?
The fathers of the Constitution, well knowing
that a single Executive had in all ages been dan
gerous to liberty, intended to erect around him
a firm and impossible barrier in the Senate OF
the UnlLeQ StdteS; anu especially ny lHC lo4ui-
sition of their concurrence in appointments to
Office.
But ingenuity has found means to evade and
nullify this announcement restraint. The Presl-
dent may temporarily fill vacancies, which hap
pen in the recess, by commissions, to expire
at the end of the next session.
Two implications have been found sufficient
to accomplish the object. The President, by re-
moval, may cause a vacancy to happen in the
recess, which he may fill until the end of the
next session of the Senate, and then the vacan-
cy which commences Nth the recess, is conStru-
ed to be one happening in it, to be again filled by
the President until the end of another session,
when the same process may be repeated. Has
this been done? | will not dwell upon the noto-
rious cases of Indian agents ominated-re
jected-and subsequently continued in the dis
charge of the same official functions. l will
not pause upon the recall and appointment
of foreign ministers. / proceed at once to
the case of Samuel Gwinn; who was appoint
ed in the recess, to a land office in Missis-
sippi, nominated at the next session and reject
ed; renominated, that the Senate might recon-
slider their vote, which the Senate declined, and
laid the nomination upon the table from a well