Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-01-16


and whatever opinion may be entertained |
Of the manner in which executive discre-
ton may be used, still there exists, and can
exist no power to control that discretion. |
The subjects are political They respect
the nation, not individual rights. and be-
ing intrusted to the Executive, the decision
of the Executive is conclusive. The APP
plication Of this remark will be perceived
by adverting to the act Of Congress for
establishing the department of Foreisn
Affairs. This officer, as his duties were
prescribed by that act, is 10 conform pre-
cisely 10 the will Of the President lie IS
the mere organ by whom that will Is com
municated. The acts Of such an officer,
rs an officer, can never be examinable by
the courts.
"But when the Legislature proceeds TO
inpose on that officer other duties; when
nc is directed pcremptouly TO perform Ger
tain acts (that is. when he is not glazed
under the direction of the President, }
when the rights Of individuals are Deepen.
dent on the performance OF those acts, be
is so far the officer of The tdtD, is amendable
10 The talos for his conduct; and cannot at
his discretion sport away the vested rights
& others.
The conclusion from this reasoning is,
that where heads of departments are The
political or confidential agents OF the Eek
ecutive, merely to execute the will OF the
President, or rather to act IN cases m
which the Executive possesses a constitu
sional or legal discretion, nothing can tie
more perfectly clear than that their acts
are only politically examinable But where
a specific duty is assigned by law, and
individual rights depend upon the perfor
nance Of that duty, it seems equally clea'
that the individual who considers himself
injured has right TO resort TO the laws oil
his country for remedy"
Though the President is mistaken in hi'
Insertion that the consiltniion devolve,
upon the President The superintendent o
the Departments. there is one clause o
that instrument which he has very correct
" quoted, and which makes il his dniy 10
''see that the laws are faithfully executed,
as il is mine now 20 examine what author
ity he obtains by this clause IN the case
before US Under it. the most enormous
prelensions have been set up for the Pre-
sident
1t has been commended. that If law
shall pass, which the President does not
conceive to be in conformity with the con
stitu,ion. he is not bound 10 execute ~; and
If a treaty shall have beea made, which, il,
his opinion. has been unconstltiiiona in
its s;ipulations, he Is MT hound 10 infurce
them. And 1t necessarily follows that. II
the courts of justice shall give a decision
which he shall in like manner deem re.
10 ho -, ha
pected or bound TO execute that law. SIR,
let rs look a little into This principle,
and trace il out into some Of its conse
quences.
One Of the most important acts per
formed at the departments, is TO settle
those very large acc cunts which ind,vid
uals have with the Government, account.
amounting TO millions of dollars; TO settle
them, an auditor ami comptroller have
been appointed by law. whose official acts
may affect, TO the extent OF hundreds oil
thousands of Goaars, the property Of in
dividual contractors. 1.-THE pretensions oil
the President are well founded. his power
goes further than he has exerted il. He
may go into the office of the Auditor, OF
the office of the Comptroller, and may say
20 him, sir. MIR. A. Il. has an account IN
der settlement in this Office, one item O
which objected TO ny you, consider TO be
in accordance with the Constitution, pass
that account and send it TO the Auditor; s
he may then go TO the Auditor aud hol,
similar language IL the clause of tht
Constitution is TO be expounded, as is con
tended for, 1t amounts 20 a complete ABSORB
ton Of all the powers of Government ir
the person Of the Executive Sir, when q
doctrine like this shall be admitted as or
thodox. when il shall be acqniesced in b,
the people of this country, our Govern
went will have become a SIMPLE machine
enough. The will Of the President will b.
the whole Of it, There will be but on,
bed, and that will be the bed OF Procrus
ties; but one will. the will Of the President
All the departments, and all subordinate
functionarIes of Government, great Of
small, must submit to that will; and, i
they do not. then the President will hav,
failed to "see that the laws are faithful,
executed"
Sir. such an extravagant and enormous
pretenslons as this must be set alongsid,
Of its exploded compeer. the pretension
that Congress has power Of passing AM
and all laws which it may suppose condu
Give to "rhe general welfare"
Let me in few words, present TO tn,
Senate what are my own views as TO III,
structure oil this Government hold tina
no powers can legitimately be exercised
under 1t but such as are expressly delega
ted, and those which are necessary to car
ry these into effect. Sir, the Executiv,
power, as existing IN this Government, i:
not TO be traced 10 the notions of Monies
quiou or of any other writer of that class
in the abstract nature Of the Executiv,
power. Neither is the legislative nor tn,
judicial power TO be decided by any such
reference. These several powers with us
whatever they may be elsewhere. are Just
what the. Constitution has made them, anG
nothing more. And as TO the genera
clauses in which reference is made to eli
Their, they are 10 be controlled and inter