Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-06-11


sponsible for their conduct, and that they are
removable at his will and pleasure And it is
under this view of his own authority, that the
President calls the secretaries has secretaries,
not once only, but repeatedly After half
century'S administration OF this Governments
sir, after we have endeavored by statute upon
statute and by provision following provision
to define and limit official authority; to assign
particular duties; to create penalties for their
violation; to adjust accurately the responsible
ty Of each agent, with his own powers and his
own duties; to establish the prevalence OF equal
rule; to make the law, as far as possible, every
thing, and individual WILL as far as possible, no
thing; after all this, the astounding assertion
rings in our ears, that throughout the whole
range of official agency, in its smallest ramifi-
cations, as well as in larger masses there is but
ONE RESPONSIBILITY, ONE DISCRETION ONE WILL!
True, indeed, is it, sir if these sentiments be
maintained, true indeed, is 1t, that the Presi-
dent of the United States may well repeat, from
Napoleon, what he repeated from Louis the
18th, 81 am the State"
Mr. President, in one Of the French come
dies, as you know, in which the dizziness and
proliXity of legal argument is intended to be
severely satiriZed, while the advocate is tedi-
ously cropping among ancient lore, having moth
ing to do with the case, the judge grows impa-
tent and at last cries out to him to come dopn
to the flood! Irealy wish, sir, that the writer OF
this protest, since he was discussing matters Of
the highest importance to us as Americans, and
which arise out of our own peculiar Constltu-
ton, had kept himself not only on this side
the general deluge, but also on this side OF the
Atlantic. desire that all the broad waves OF
that wide sea should continue to roll between us
and the influence Of those foreign principles
and foreign precedents, which he so eagerly
adopts
In asserting power for an American President
prefer he should attempt to maintain his asser-
tons on American reasons | know not sir,
who the writer was, q wish did;) but whoever
he was it is manifest that he argues this part of
his case, throughout, on the principles Of the
Constitution of England. 1t is true, that in
England the King is regarded as the original
fountain of all honor and all office; and that
ancently, indeed he possessed all political
power of every kind. 1t is true that this mass
of authority, in history of that Government,
has been diminished restraind and controlled
by charters, by immunties, by grants and by
various notifications, which the friends of IL
berty have, at different periods, been able to
obtain or to impose. All liberty as we know,
all proper privileges, as, indeed, the word IT.
self imports were formerly considered as favors
and concessions from the monarch. But when
ever and wherever civil freedom could get
foothold, and could maintain ITSELF these favors
were turned into rights. Before and during
the reigns OF the princes of the Stuart family,
they We're acknowledged only as favors or pri-
! vileges, graciously allowed, although even them
whenever opportunity offered, as in the IN
stance to which alluded just now, they were
commended for as rights; and by the revolution
| of 1888, they were acknowledged as rights in
England, by the prince who then assembled the
throne, and as the condition on which he was
allowed to sit upon it. But, with US there never
was time when we acknowledged original,
unrestrained sovereign power over us. Our
Constitutions are not made to limit and restrain
pre-existing authority. They are the instru-
mentS by which the people confer power on
their own servants. If may use a legal phrase,
the people are grantors. They give to the Go
vernment, and to each branch of it, all the
power 1t possesses, or can possess; and what is
not given, they retain In England, before her
revolution, and in the rest of Europe since, il
we would know the extent of liberty or popular
right, we must go to grants to charters to allow
ances, and indulgencies. But, with us, we go
TO constitutions to learn the extent Of the pow
ers Of Government No political power is more
original than the Constitution; none is possessed
which is not there granted; and the grant, and
the limitations in the grant, are in the same in.
Strument
The powers, therefore, belonging to any
branch OF our Government, are to be construed
and settled, not by remote analogies, drawn
from other Governments, but from the words Of
the grant itself, in their plain sense and neces-
Sary import, and according to an Interpretation
consistent with our own history, and the spirit
of our own institutions And will never agree
that President Of the United States holds the
whole undivided power of office in his own
hands, upon the theory that he is responsible
for the entire action of the whole body Of those
engaged in carrying on the Government, and
executing the laws Such responsibility is
purely ideal, delusive and vain. There is there
can be, no substantial responsibility, any farther
than every individual is answerable, not merely
in his reputation, not merely in the opinion of
mankind, but to the lao, for the faithful dis
charge Of his own appropriate duties Again
and again We hear it said that the President is
responsible to the American people! That he is
responsible to the bar Of public opinion! For
whatever he Does he assumes accountability to
the American people! For whatever he omits,
he expects to be brought to the high bar of pub
lie opinion! And this is thought enough for a
limited, restrained, republican Government! An
underlined, undefinable, ideal responsibility to
the public Judgment Sir, ifaall this mean any
thing, if it be not empty sound, it means no less
than that the President may do any thing and
every thing which he may expect to be tolerat
cd in dnip Jo i,,cf far hof bi,,lyc