Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-04-10

pheSy, that 1t will be in the adminie,oi pro.
one of the most self-willed and dicfatoraliIoh Of
sidents this country has ever had. thai tho fre
dations of the executive powers will he e. louh.
first time, thoroughly investigated ara iof The
mutations distinctly marked out. N4O It's IL
1t is worthy ofparticula ar notice, as AM.
OF curious speculation, and do not ttialter
win any purpose OF dlsparagement, that So +.
tie have we been accustome to ANAL ~ 1T
theory OF the Executive power that the ns lhe
discussion has exhibited, in some ipstanpaaeeSent
much undigested crudity of conception 80 as
subject, as We might expect to witness IN vi Ills
ciety of school boys, in their Sophomoron So
in any of our respectable colleges. year,
The very first step in the argument ofo,
men on this floor, is proposition so moS 9nue
and extravaganza, that, if it were not fortboouS
pect feel for the source of it, | sbonlI les
nouncc it to be out Of the pale of reaso ,1 PIC.
unfit to be gravely met and refuted bv ayon, and
will now proceed to show what that I anslAL
Gus position is, which is now, for the fire. anger,
assumed by the Executive as to the sonro. uRle
extent of its power. In the official iourneIs and
lished a short time after the removal of II. pup
posites, we have the following eXnositins ce-
! the subject, promulgated by authority an! w.
cdthedr0, as the doctrine Of this adniniste.. ''-
After referring to the clause Of the Const;,1.!OA
which declares that " the executive move 1Ss
be vested in President" and the cianso o GISa
bank charter which provides for deposin,,.1t s
public treasure in the Bank OF the United g.. We
the editor proceeds" Is the power to roro.
the deposites here spoken Of legislative NOV.
er2 Certainly not, If it were it would he PV Nv
constitutional for Congress to vest il in ,bs S t
cretary fthe Treasury. Is it judcial2 NJ,
all. Is it an executive power? Most paInsS.
it is. Well, all the executive power is b pp =!
tod in tIa
provision of the bank charter vests if in tbe So
cretary Of the Treasury, otherwise tbc ~, ' q
agent OF the Executive, ii is cieoyty apcoa,,,,
tionol. Congress cannot rest ereci!tire po,~er5
any other depository than " the President Of n.
United States Of Americd!r' "'
Now, SIR to show that this was not NOR.
occasional opinion, but one which has been no
liberately adopted as the true catholic eynos
ton ofeXecutive power, by the present admin
istration, throughout all its branches and or
gans, beg leave to pursue the train Of videpro
little further. The gentleman from Tcnne
see, asserts the same doctrine in the following
words: For says the Constitution, "the exec
utive power shall be vested in President ortle
United States of American The lrhoie eyecp
tive power is here vested in the Presidents and
by another clause of the Constitution. It'll made
the duty of the President TO see that the laws
are laltDluLy executed ana the gentleman
says in another place; g but the President. al
firm, is bound to see that all the laws are exc
cuted, and he cannot execute them but as h.
understands them.n The gentleman finally
adds, " Congress- it will not be pretended. has
any power to appoint the Secretary ofthe Trea.
sury nor any poWer to remove him from office
ifhis conduct shall not please them; nor rout
they possess any such pOWer eren j they hGi
passed q lar conferring it on hemSereS!'
| Now, sir that there may be no doubt that thi,
is the doctrine Of the administration, will pro
duce another link in the chain of testimony
which carries it one leap further than the gen.
| tleman from Tennessee ventured to take, and
| furnishes US with the canon Interpretation by
which this extraordinary doctrine is tObe ap
| piled to, in all emergencies. The honorable
| gentleman from New York (Mr. BEARDsLW)
| who occupies the same intimate relation per
sonal and political, to the second officer Of
the Government, which the gentleman from
| Tennessee does to the second, made use Of
the following words to convey his notion Of
| the same doctrine of Executive power
Three departments of Government and no
more, are contemplated by the Constitution e
| gisative. executive, judicial. In these coleC-
| lively, all the constitutional powers of this Go
vernment are deposited" We have seen that
| the power in question can be neither Legislative
nor judicial; it must, therefore, be executive IN
its character, and devolve on that department
for its execution. Where then, sir, is the eXecu'
tive power lodged? The Constitution gives
ready and emphatic answer 10 this question
"The executive power shall be vested IN
President of the United States of America -
Not any part or proportion of il, but the entire
mass-the whole rests in that high tunctIonary'
The gentleman then goes on, and Win tne
most felictous confusion Of ideas. and must Oe
permitted to say, combines in the same sen
tence, as if they were Identical two pfoposi'
tons, as different from each other as hght Is
from darkness. The following are bis WORDS
81 cannot, therefore, regard the Secretary u
the Treasury as the agent OF Congress, dS ua'
been asserted, in directing this removal CO'
gress cannot delegate its power; cannot C @i
tute an agency for any such purpose" lUg sIs
cannot be more self evident truSm IMAM uIo
first branch of this latter sentence, nor luol J
ridiculous political solicism than the SeI .G,
and yet the gentleman evidently REGARDS '"''"
| as synonymous. But of this hereafter
In the other branch Of the Legislature, ~ Ia
speech delivered by gentleman who IS ~ ~"
ger member Of that body, the same oG.I -,
was promulgated, and subsequently raulie So the
the official journal as true exposition ~. y, ~,
views of the administration with REGARD ~ '"' 80
tent of its powers. 49,, ~.
Such are the proofs adduce to show i hr,a Pb
litca doctrines by which the eXeculI'e O lJrs.
of the Government has deliberately anu oC a,L
edly defended the act Of Selling upon '!le eap;,o