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


militia when called out into actual service.
When, then, we are here told that he u
clothed with the whole physical power Of
the nation, and when we are afterwards |
told, that he must take care that the laws
are faithfully executed, is il possible that
any man can be so lost 10 the ioYe of liber
ty, as not TO admit that i.iis goes no Ear
Their than TO remove AIRY resistance which
may be made to the execution OF the laws?
We have esiablshed system in which
power has been carefully divided among
different departments OF the Government.
And we nave been told thousand times.
that thIs division is indispensable as safe
guard to civil liberty. Wehave designated
rie departments, and have established IN
each. officers TO exercise The power De
longing to each. The President, II IS true,
presides over the whole; his eye surveys
the whole extent Of the system in all IFS
movements But has he power to enter
| into the courts, for example, and tell them
what is 10 be done? Or may he come
here and tell us the samep Or when we
have made law. can he withhold the pow.
er necessary TO its practical effect? Tie
moves, it is true. in a high, glorious
sphere. Ii is his TO watch over the whole
with paternal eye; and. when any one
wheel Of The vast machine is for a time in
terrupted hy the occurrence Of Invasion or
rebellion, it is his care TO proprl It's move
ments, and 10 furnish it with the requisite
means of performing its appropriate duty
IN its own place.
That this is the true Interpretation
Of the constitutional clause to which
have alluded, is inferred from the total
silence of all contemporaneous exposi-
tons of that instrument on the subject.
| have myself, (and when it was not in
my power personally, have caused 9TH
ers to aid me,) made researches into
the numbers OF the Fcderalist; the de-
bates in the Virginia Convention, and
in the Conventions in other States, rs
well as all other sources of information
to which | could obtain access, and
have not, in solitary instance, found
the slightest color for the claims set
up in these most extraordinary times
for the President, that he has authority
TO afford or withhold at pleasure the
means of enforcing the laws, and to
superintend and control an officer char
ged with specific duty, made by the
law exclusively hs.-But, sir, | have
found some authorities which strongly
initiate against any such claim. II
the doctrine be indeed true, then il is
most evident that there is no longer
any control over our affairs than that
exerted by the President. fit be true
that when a duty is by law specifically
assigned to a particular officer, the
President may go into his Office and
control him in the manner of perform
ing it, then is it most manifest that al
barriers for the safety of the Treasury
are gone. Sir, it is that union of the
purse ami the sword, in the hand of one
man, which constitutes the best defini.
ton of tyranny which our language
can give.
The charter of the Bank Of the Uni.
ted States requires that the public de.
postes be made in its vaults. 1t also
gives the Secretary of the Treasury
power 10 remove them;-and why
The Secretary is at the head of the
finances Of the Government. Week
ly reports are made by the bank TO him.
He is to report to Congress annually,
and to either House whenever he shall
be called upon. He is the sentinel Of
Congress-the agent Of Congress-the
representative Of Congress. He has
been created by Congress. Congress
has prescribed and has defined his du
ties. He is required TO report to them
not to the President. He is put there
by us as our representative: he is re.
quired to remove the deposites wher
they shall be in danger, and we not il
session: but when he does this, he is
required to report to Congress the fact
with his reasons for it. Now, sir, if
when an officer of Government is thu:
specifically assigned his duty, if he i,
to report his official acts on his RESPONSE
hility to Congress. If in a case where M
power whatever is given 10 the President
the President may 90 and say TO thai
officer. "go and do as I hid you, or YOU
shall be removed from office"-let me ash
whether the danger apprehended by thai
eloquent man has not already been re-
allied
But, sir. let me suppose that I am Mi,
taken in my construction of the Constitu.
lion; and let me suppose that the Presi
dent has, as is commended. power to see
every particular law carried into effect
what theL. was it bis duty TO do in the pre-
sent case under the clause thus inierpre-
ted?-The law authorised the Secretary oil
the Treasury TO remove the deposites on
his responsibility 10 Congress. Now, il
the President has power TO see this, like
other laws. faithfully executed. then sure
ly the law exscted OF him that he should
see that the Secretary was allowed to ex
ercse his free, unbiased. uncontrolled
Judgment in removing or not removing