Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-05-20

not know the President and have INDUCED such
a thought Could any President, however tlmld
and irresoute fail to defend himself when thus
assaiIed? That the Chief Magistrate had the
S;1ht 10 answer his accusers will not be denied.
How it should be done is more quesuonapie'-
a scrutiny MIGHT be demanded OF the House OF
Representatives. and in ordinary cases this
might be the proper course. What would nave
been said if going to the House the president
had demanded an inquiry into his conduct thus
assailed as he was by the Senate unJustly, ana
in disregard of the provisions OF the constltu-
tion2 We should have been told that conspl-
racy was on foot to destroy the Senate by an
union of the Executive and of the House OF lie
presentatives-that the President Was pefJectty
safe in demanding an inquiry because consul
tutional majority OF the Senate coulo not NC, a9 .
was ascertained by the vote on the resolution OF
cansure found to pronounce him guilty. Inc
course pursued of sending the defence 10 those
who made the accusation, was certainly just
and fair. There is his defence made necessary
bv the act of the Senate. 1t is denounced DIS d
command to stain our records by recording
contradiction ofthe record. Does he command!
The language is 81 requeSt.n But this request
is not made, says the Senator from Kentucky
(Mr. Claw as a convicted criminal, humDled oy
sense of guilt and penitent for his tangfesslon.
No indeed, it is not. 1t is made In the respect
full and moderate, but firm tone OF an ollcef
conscious of innocence and forgetting the lnJu-
instce of his felloWscitizenS and OF posteflty.-
He requests only that it may be recorded with
the accusation, that it may be preserved Tor the
inspection of all those who shall see the charge
Will the Senate refuse thus req"esH liz may De
thrown in the fire-treated with any and every
species of COMMUNICATIVE consequence OF such
treatment will fail upon the Senate.
True, or false, itshould be preserved II ialse,
those who have given occasion for it. ought to
rejoice. A fair scrutiny into it will be just and
appropriate Examine its facts, prove them 10
| be assumed, doubtful, or false Silt It's argu-
ments, show them to be loose, Illogical or lllu-
sorry Weigh its conclusions, demonstrate them
| to be unsound. The Senate owes toititself, and
10 the President and to the People Of the States,
TO Mace the subject in all its true lights before
the world The Senator from South Carolina
! (Mr. Calhoun) asks for the constitutional autho-
| rity of the President to send such message!-
Mr. F. would answer this question distinctly
/ The authority is given in the concluding para
graph of that part of the constitution which atl-
thoriZed the Senate to pass tne resolutloh T.,
! Where is that to be found? The right OF the
Senate rests upon implic demon
stration. Demonstrate the theorem by what
process you may, the Presidents right to reply
and protest is the corrollary. The same homo
rable Senator, however, says, the Executive can
take no power by implication or construction;
there are constructive powers but they are all
! legislative. The Senator had, in former dis
cussion, acknowledged distinctly the power OF
removal, in the President of the United States
| Where was the grant express Tor that! IL was
strictly constructive powef-a power lmplleu.
Admitting, for arguments sake, the accuracy OF
this distinction, where does the Senator md the
power of the Senate by construction? The
whole legislature, it is asserted, has construc-
tive power; but each branch must have 1t sepa-
| rately Where is the constructive power OF ell
| Their? Such is the argument. The argument is,
all have it, therefore, each has it. How very
unsatisfactory, Mr.. F. said, it was scarcely ne
cessary, after stating it, to assert Admitting
however, this ingenious faacy to be sound rea-
! soning. how does the Senator exclude the Pre-
! sident from the benefit of it2 The President is
| an important portion of the Legislative authorl~
ty. How can it be denied that the implied con-
structive power belonging to the whole leglsla-
ture if divisbe, and TO be severally assumed
! by two branches of the three, among whom 1t
is parcelled out, is not possessed in any degree
| by the third?
| The power Of passing censorial resolutions,
| by either House of Congress, was not to be
! found in the constitution. The trainers OF the
Government probably supposed such never
could be necessary, the powers expressly grant
ed to both, united or separately, beng sufhclent
TO prevent or to punish irregularity or crlmlnal-
ty i'm the other Departments of Government
Nor was it to be denied that the powers granted
are amply sufficient except In cases ol ihos'
extraordinary character, none OF winch mao,
and Mr. F. trusted never could, occur. hlhel
can preyent improvident Legislation at its own
will; the two Houses can correct msconstruc-
ton of laws by repeating or amending statutes
abuse of power by enachng new llmtaIlons
on its exercise, while the great remedy OF i'm
peachmentis at hand to prevent fragrant viola
lions of Executive duty. The inquiry alone
into the conduct of the Executive, IN any OF Its
branches. with view to impeachment by the
House of REPRESENTATIVES, was more powerful
corrective than any separate resolution of dis
appreciation either House could pass. While,
however, it may be admitted that either could,
in its defence, or in cases of pressing danger re-
sort to this constructive authority to act by Sc
parate resolution. it cannot be, never has been
before denied that the party censured, upraided
with usurpngpow or violating the obligations
of duty, had rightto be heard in any form he
chose to present himself, justice and decorum to
others being duly regarded
From the Senator from South Carolina (Mr.
Caihoun) one singular idea fell. He had said,
that as joint resolutions were constltutonaLy
subjected to the Presidents veto, like acts of
Congress, it followed that the trainers of the
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