Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-01-24

Here. Sir, is the higheSt DSnioSi 60 0'iS
ty in favor of the power of the president 10
.go,,troi Tho denayt6neflts Need remind an
honorable Senator that during the admlnstra-
ti.n IF Vashin gton no distinction was mace De-
tyuaan i,ffcers2 Sir this is most important ques-
ton. 1t is desirable that the people shouiu an
derstand it, and that they snouio not VIC iiiiu-
enced by bold -denunclations.. g.. -;
The Hon. Senator from Kentucky, Sir, has
said. that in all the researches which ne mas
himself made and which have been maze LOT
him bv Others, he has been unable to hnd any
authority for the course which has been pursued
by the President Sir, if the Hon. Senator nad
looked through the Debates am sure ne would
have come to different conclusions Sir, I'M
.derstand that gentleman to say, that the Pfesl-
dent has no authority except when the law IS
resisted by force; and that he (the Presldent)
may overcome this resistance by force
Sir, understood the gentleman from Ken
lucky to say, that under the law and the consti-
tntion. the President has no other authority than
to resist any opposition to the laws or the con-
stitntion which may be made by force rms IS
a power more dangerous to the liberties OF the
country than any other power that couio DE q
ven him; and there is not under the law or the
constitution, any such provision. The Congress
only has the power to call out the militia: ne
President u.s. indeed, commander-ln-chiei OF the
forces, and this power is given to MN by Coh-
gress. But there is something peculiar IN tne
language which confers upon the President this
authority in the words I" that he shall see the
laws faithfully executed" Mr.. Madison, how
ever thought that the duty to see the laws 1altn-
fully executed was not to be by force, but through
the action Of the subordinate officers OF Govern
ment The power to issue prOcamatlonS rests
exclusively with the President. ! understood
the Senator from South Carolina to say, that the
President has right to state in what manner the
laws are to be executed Sir, the President never
claimed any other authority. 1t has been argued,
sir that the public officers, so far from being &C
countabe to the President, were accountable
only to the country and to the courts OF the coun-
try. No one has more respect for the nstltu-
tons of the country than ! have but was sur
prised to hear the Senator from Kentucky quote
the opinion of the Supreme Court IN reference
to the case of Marbury and Benson. There can
now be but one opinion, and that is the ground
which was taken by Jefferson; he supposed the
commissions to be not then consummated, and he
prevented the contamination ofthe commissions.
Sir, is not this the plain practical sense OF the
constitution? Mr. Jefferson said thatit was the
invariable practice, that commission, though
signed and sealed, was not valid until 1t was de-
livered (Here Mr.. Rives cited several instan-
ces recorded by Jefferson, in favor ofthat prac-
tce.) Such was the republican doctrine of the
day, though it was not the decision of the Su
preme Court. 1t decided that because COM
mission was signed and sealed, it was valid, al
though not delivered. | may now say that the
general sense of the country was against it
Mr.. r. then read a letter addressed to Judge
Roane by Mr. Jefferson, and cited several other
passages from the same works, after which he
dwelt at considerable length upon the nature of
the tenure of Office, and Of the various duties as
signed to the several officers of the Govern
ment.
Mr.. Rives alluded to the remark of Mr. Clay,
that we are in the midst of revolution. He
accorded with him in that opinion, but III diff
ferent sense. We are in the midst Of a revolu-
ton great and salutary. The American Sys-
tenn OF which the Senator was the acknowledge
ed champion, was unequal system oftax-
alton, and would, if not laid in the DUST under
mine all our institutions. This system was al
ready giving way before the power Of public
opinion. Its chief advocate, fearing the action
of new Congress- had made an effort to save
it from destruction by means Of the Bill Of COM
promise OF the last session. Internal improve
ment, on which the public money had been I'M
constitutionalIy squandered, must OF course fail
for the want of the means to carry IL forward
The Bank, the first step in the system of revo-
luton, had been exercised in the best times, both
here and in England. In England it was now
of no use, because other and less unpopular
means had been found and resoyted to, ior the
control of legislation. But in the reign of Will
liam the ILL.,, who had acquired his power by
revolution and who was deemed in high de-
gree the friend offreedom, the veto power was
frequently exercised Alter paying blgh trl-
butte to the worth and talents of MIR. Madison,
and pronouncing him the most viFtuous man in
the country he asked how often did he exercise
the power of the veto. In the first two years Of
his Presidency he had vetoed four Bills passed
by Congress, and some Of them at least, on
stronger grounds ofexception, than those which
had been adduced in the case Of the vetoes of
the present chief magistrate.
Mr.. Rlves deprecated the counter revolution
IYhi oh milo nd oha
should be turn in the present course of public
affairs. He thought it would be dangerous to
the stability and character Of our Institutions to
the purity Of elections, and the morals of the
community. He thought the public money was
now shut up, in strong box, where it could not
be used for purposes Of corruption. Such use
oft was by this means rendered wholly imprac-
ticabe.
When Mr. Rives had concluded, on motion
of Mr.. Preston he Senate adjourned.
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