Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-25

70 rend-r It's exercise unconsiiu iopaI. For instance. The
power 10 lay and collect direct taxes, is expressly granted
mhe Constitution, but IL a law, imposing such iax.s was
passed. 'os the special purpose Of paying the clergy of any
,ens'ous sec or denomination, would il be coniended that
Tue act VAS constitutional! | presume not: and vet ths
out limitation.
"a little leaYen lesveneth the whole lump" Ergo.if
ooJect Tor which a law is enacted be plainly and pal
pabIy unconstituiional, it derives no sanction from the cir.
suns'ahce that The enumerated powers OF Congress en-
prace ue subject on which the act is founded. The end
Intended TO be achieved being a violation of The Constiiu,
"oh' the measure is thereby rendered void, ab inifio, and
cannon De redeemed by the preservation oil a delegated
power. ihese are my opinions, the truth OF " iIIch is
c'Pao'e oil clear denomination by a variety of iliustra-
mons, drawn from The Constitution. but at present, | for
pear 10 enlarge the discussion OH this point. In this light
view the construction put by the President ON his power
IL removal tom office. H. seems TO have di.cove,ed a
new source lrom' which he may derive new executive
powers, u conitavenion OF the Constitution and Laws of
the country. lie dare not thrus, his hand into the pub.
he chest by a direct act, but he has eis cted The obiee,
oy ihairect means. The Secretary OF the Treasury. who
refused TO bend his neck TO The yoke of Executive bower
and TO make himself The instrument Of violating The So
Tenn Obligations OF law at The dicrauon OF the CHEF Ma
g's'rate, was unceremoniousiy kicked out OF Office. and
another substituted III his place, with a more pliaDt con.
SCIENCE who Stood ready to do the bidding OF the Presi.
ueh', TO whose VIII alone he protested 10 owe obedience,
aud 10 whose authority he iet himself responsible. He
mus opened all avenue through which he has marched
UP 10 me pubNc Treasury, seized on lis contents. and dis.
uiouted The money collected from the People, and placed
under the con;rol of their Representatives, through out he
country, to be used Tor the benefit of his iavori,es and
friends, who doubtless stand in need of some assist,n IL,
these hard ,mes.' Ills thus, by indire c,ion. the PresiJspt
has perverted . granted power 10 the accomplishment, of
an end directly opposed to the spirit aud letter OF the Con.
sltuuoi. Concede The power thus assumed, and il is ob.
vious that the President may evade aud eIT.ctuaIlv pros.
lrate The express provisions Of the Constitution aud Laws.
mSae III pursuance thereof. In support OF these views,
4" o SNOW, 10 what extent the power oil appointment
and removal hon Office may be abused, | will state a sin.
gle case arising under the Constitutions.
The President is vested with power TO nominate
and, by aud with the advice and consent of the senate
10 appoint the Heads OF the several Departments OF The
Government. hut Congress may by law vest the appoint.
mpnt oil trIlD Otlcp IN Tho lNN.,.ta -
Heads oil Departments. Suppose Congress, under this
express grant oil power, should vest the Secretary
oil The Treasury with the power to appoint all the
clerks IN ms department.! Well, sir, the Secreta-
ry, acting under the authority of the law, makes on, a
list oil his clerks, carefully selected, and is about TO install
them into Office. In The mean time, however. the presi.
dent receives from his underwriters, who undertake. ,o
manage the affairs Of Slate, another list of names mo,e
acceptable TO them, which they recommend for their
niehty 10 the Jackson cause-niay he not send this new
list 10 the Secretary with his instruction. "here, sir. is a
list OF clerks Tor your department! ' IL the Secretary
should reply, as did the late unfortunate. incumbent. .sSir
Congress has given me The power OF making these ap.
poln,menis-l "ave made my selections, Of men eye,v
way Qualified, and IN whose integrity l have the u,mos,
conference.-the places are therefore filled" INV. sir
the President, following out the former example. wouIi
add, g Sir, do not mean to control you ia the execution
oil a duty conhded 10 you by law leave YOU 10 act ac-
cording TO your own Judgment in this matter-but if vo,
do not appoint my list oil clerks, you will have the good-
ness TO Walk out oil Office, and l Will ende avor TO lind a
successor who will he more obedien, TO NV commando ,,
Is II not, then, evident that the P,esdeu,, Nv the exrrriss
OF his iegai power OF removal. may eHect a purpose sub.
'N'e'' D0'fi VI VIC OfisNtuRfO dUu d u lazy = No mo
Can doubt that lie may do so by. ihe same SUMMARY nro.
cess which he used 10 obtain the custody of the vIslic
money. Against This new theory OF constructive power.
aud all lis consequences, l beg leave 10 enter NV nro,est
as more dangerous and alarming than foreign war. q r IN
ternal connections oil the people.
Sir, have said that The paper sent 10 the Senate bv the
PRESIDENT Is not all Executive message; il contains uo,i,iny
which brings IL within the rule, prescribed in the Cons,,'
tuition, regulating the intercourse between that high oub.
lie iunctonary AMI The two Houses OF Congress. hoId
IT, therefore, to be an ex'ra-oficial document. aud shall
treat il as such.
What are the specified, cases in which the President is
required to make original communications 10 CONGRESS,
| do not mean nominations TO Office, but matters which
concern the general welfare oil The nation. They r
enumerated in the Constitution, article 81. section al
Gle (he Presidency shall, from ume 10 time, give TO the
Congress Information oil The state OF the Union, ami re.
commend 10 their consideration such measures as ne shall
Judge necessary and expedient." Now, I ask any homo.
rable Senator to point out, il he can, a single sentence. n r.
a paragraph, Oh THIS paper, which directly or reIsoieIv
gives TO Congress Information OF the state Of The Union.
or recommends to our consideration any measure which
is deemed necessary or ~expedieni! No such purpose is
pretended in justification oil The Executive libel on tI,is
body. Ii is wholly viudictive and lbeIIvus i'm is ch,,.c.
Ter throughout. !, ior one, sir, spurn this foul effort 10
cast a Stigma on the purity and patriotism OF this honora-
BILE body, representing, as we do, the sovereignty of the
so'e""i Siaies oI HE Confederacy. Ii might be an .ppro-
pirate document Tor the columns of a certain ne
in this city, conducted under the eye Of the Chief Msqi,.
tra'e, aud supported by Executive patronage; il il ,eu
suited 10 he atmosphere OF The palace, aud was doubtless
concocted by the panders Of caiumny aud detraciiou IS bo
surround the President, aud sacrtce at the altar of his
ambition. They latter but TO deceive the venerable m
whose popularity they vsinly hope can be sustained nm.
der all circumstances, and they look with anxious expec.
talon TO Tie period when his mantle will descend on his
"anoinied" successor. i sdmotish the PI esideut IN give
10 all such papers as this their proper desfnation-
They may sui The TASTE OF his official editor, and. throuob
that medium, may meet he public gaze, and receiye
their inerlied condemnation before The tribunal OF the
people. do not object 10 the publication of this miser.
able TRADE against The SeUste, but | will never consent
that IL shall stain our journals, or remain on the files of
our Secretary. 1t is bad enough 10 be slandered and ca.
Iu'nnia'ed by The Chief Magistrate and his servile miuions.
but Is still more offensive TO The moral sense of u,srkiud
when we are grsyely asked 10 receive and promuI.
gate TO the world The libel which is aimed AT tie verv
existence OF this branch OF the Federal Government
What man is there who would lsmely submit to the die.
tation OF his calumnIaior, and make himself The instru-
ment OF his own disgrace, by circulating, under his own
sanction, a libel OIL his character? None-no, not one.
And yet This is the modest request which the President
has made OF The American Senate, from whose solemn
decisions he has made this appeal TO tie people OF the u.
Sac! | throw back The libel into the hanis Of lie rely.
less infatuated author, who has sent ii here TO insult the
Senate, aud assail its independent action; aud let him, if
he chooses, take his appeal through the corrupt medium
of his prosiituted press.
Mr.. President Waving any additional remarks which
might we'll be called for by The occasion, Tor the PRESENT.
shall resume my seat, after Offering The motion | Indicated
when | rose, " That ibis paper, sent 10 the Senate by the
President Of the United States. be not received"
Messrs. Spfegue and Frelinghuysen then addressed the
Senate after wbom
Mr.. Benton rose and said, that the public mind was
now 10 be occupied with a question OF the very first
moment and importance, and identical 10 all its features
with the great question growing out Of The famous reso-
luions Of the English House OF Commons in The case Of
the Midslesex election IN the year 1868, and which en-.
crossed The attention OF the British empire Tor fourteen
years before il was settled. That question was one in
which the House Of Commons was judged and condemn.
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