Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-05-08


department. has never had any thing to do
with II. Does the President clam tins iiu pOr-
tant prerogiiiSe frOm his power to remove
the Secretary OF the Treasury and the T:ea-
surer al pleasure lie has the power also To
remove the marshals Of the courts OF Justice
is he. therefore, high sheriff of the whole
nation j. he responsible for the conduct of
these his dePut..si MAY lac direct AMI con-
troll them ia the execution Of all their duties;
May he direct tie marshal To proceed TO exc
cution of judgment Of death pronounced b, n
circuit court, pending writ OF error ia III.
supreme Court, because he - of opinion ths
the appellate tribunal has no Jurisdiction OF
the cause 10y the constitution or laws; or.
may he forbid him Ia execute n final iudg-
ment OF the supreme Court, which be thinks
contrary To tho constitution, Questions Of
this kind might be multiplied " ithout limit
defy the ingenuity Of man TO invent an AT
sumcnt that will bear examination, for thi,
implied right 10 the custody at the pubic
treasure, which the President now boldl,
claims n one of the inherent and indes,ructi.
bic prerosativrs Of the Executive.
" iihout further discussion of this topic.
be- leave To state, briefly. my general idea 81
the extent Of the Executive powers Of tins
Go'cihmeni. The Pre- sident has ~ the pow
er> enumerated ia the second article of the
Constitution, and these, certainly, Congress
can nowise take from him and moreover.
lac has oil such Executive powers a. Con-
gress, m the exercise Of the Ia sislatiVe pow
, crs delegated To Il, has created and vested ia
him 10y law; hut wherever the Legislature
has authority To create powers Of any kind Ly
law. II may provide 10y law the officer who /,
To execute them, and rec. late the Office -
There may be exceptions to this principle :
such. Tor example, ~ grow out OF the Pres,-
Iii ttal n.I
chief nf the land and naval forces which the
Legislature may raise but this j. the general
principle, applicable particularly To the al.
ministration of civil Affairs
The grounds on " l,ich th" President hss though,
proper t. make this sppca. Co tic American rco-
pie against the Senate, the motive aud IA. c syn
With which II is made; the reasonabIcnc.~ Of IA.
expectations that the people ~iil sns,ain him in
81; si''l the probable eon srqcncrs II they shall
sustain him, are oobsid. rs.tious that ar, - them
selves ~ every man ia the community - tno,b
~ the members 81 ii'c Senate. hut IL beI.ooyes
uS, especially ~ members Of THIS body To iunuir,.
by that right the Prevalent has sent this nro,,.,
To the Scn',e. snd 18th What colon az reason b..
asks ~ o. register II on journal. Ills pur1osc
u an appeal o. the people, an'an apps al 10 their
po>'erty' Hnd, presume, he wishes the Senate.
TO Joan ~ both appeals. As .p,peal to Ios,rri-
~, the protest, whether entered ou our journal
nr not, VII Prob-bi, never bc heard of, unIe.,
,hc people, presently existing, shall sustain the
President ~ his prrtcnsions: them indeed a M
oe rCooru"o oy history ~ another instance al
Mccc>~tui sn'lscty ~ achieving unlimited no wcr
and at the blind fstuity with which men 10 ae-
eompl'sh party purposes, voluntarily rrnouncc
NJ n"c'N' ar" i"ticlt the richest blessings of
ui ~h'eh There are aircady 80 many
- -" "'S "n"-'s OF mHnAiHh As an APP
- "e p,Op'c, ""iSh u'e. arc presently to
"ee"c' inc Pnb'icatiou OF THIS protest again u the
proceedings OF the Senate, oui he n. eff, ct,t.l
means Of submitting the appeal 20 the peoplr
~ the registration OF IL on the journal Of ih,s
iiousc; Indeed, the registration of II on our Jour
nal would De altogether insufficient for thai r,,r
pose. II Il Wctr not uIsat.d ,l,rou.b The ,uh
hc press. WHY, tien, Vas this lEo,rst s.nt In
Nv can conceive no Other p,r1,os,. tlan tL., of
denouneing our proceedings To- onrselycs; OF rails
ing quarrel With us, ar at putting III io sham
b1 the exposure &C our folly or of alar,nin,. ou,
Tears, and inducing us To rrtraee our s,.n. al
ny What right does the President ~ nd such a ~.
per TO us, and ask us to register IL The third
section OF the second article Of the constitution !,
u'e only provision that regulates the eoinn,uuea-
"o"s U, "c Tesident To the two Houses &c Con-
Srrss, II am no: speaking of his communicate
10 the Senate, on What ~ called Executive bu,,
ness snh ihis section oOiy provides that th.. Pre-
s,uent =" shall, from time TO time, give 60 the
congress information OF the state of the Union.
anu Recommend 10 their confederation such n.rs-
sf's n he SHALL Judge ANT, IN r.,I,,,t
Nov, surely, no one can think that this ur,,;.,n,
authorizes the President To communicate 10 as
sSeh paper ~ this protest. SIR as this rou,
'n"'ca''on - without prcredcht. 80 II IS ~i,Lou,
color or prrtcnec OF constitutional AUTHORITY;
protest s'ldr'ss'd 20 t,c Senate, against a.. own
"oee''i'"Ss' Containing HpIeAl 10 the people.
'O 70. sobin'ued 10 and DETERMINED by the p,opIe
i'es'"en' refers, IN this papcr, 10 the pTin-
o'fies A"d "sAges OF thc British Government
NN" "e would bc content With Only such Pow ere
,i,n,,c, 49,, ,'e N'"s on ''fr.i ur''"'"' i"r'
TO h,m. +, ~ouiJ ~, No. ~, -, 70 .''"s Az! 'u'h
uo,'.s,,or ~ ~, ~ ~ ps,'' Oe return to~sr'i'
solution nj The Set. '"''''leis u'r re-
,rr,.,oe,ll, .,,,I n -. 49, """e' E"h" by
action IA tb,. S.,s, - 70 DC 80 'urther
IS we'll take un tL, ,,,,,a.i - - Y nc tI'. nov
brgi.uiup euiI n,,t m a.. -. ' ~, '"s" ,''r
foP ~L,,h ~,,to,, IT., -, s'u All ,'s faults,
~ tos. thsu Ia the r.onI' 80 n''u ni~ht'j
u, rent IN tb,. con,,,,,,o, 81 '"o wees ~
a, eon.lnr, =, ,i,I,,,,,. u, r., spPoh 10
thc corrective that ouyh, ., H.. s,,',.''I
tl,e other hand d., p,.''',e, -PP,'eu- ". ."
si,c rcsoI,on a. y,t r,,os,ht' S"'.s u''s ".'''-
u lee suppose. u may ~, th, 1870 - W. " -
actiot,, a. errt,,nI, 4, ,,,y ~ A., - ,s's'|',',
the proposition s,,,p,s,..I h, a.. 80
Mi,s0uTi to bee rrIsic,i ,e..,o,, Ii, .,..,, :,
u shall trcVst a., ,,,.,,,,,,, 81 -. ,.. -