Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-15


planly violation OF the FIRST section oil the third article
OF the Constitution which declares that " the judicial
power the UHi,cd States shall be vested in SUI
prenc Court aud in such inferior Courts Congress shall
iron to tune orlan aud establish The Judges both
OF the Supreme and inferior Courts shall hold their offices
during good behaviour" This judicial power extends TO
.conroveses to which the Uuted States shall be party"
" The persons who directed by the of Congress
TO ascertain the debt due IRON delinquent receiver oil
public money! and to issue process compel The payment
o that debt, do not compose oriaaed and esta-
bshed by Congress- DO they bold oikces during good
rvoor Their oihres are hec a, 'ne pleasure Vi 'ne
President OF the United States They are consequently
incapable OF exercising any portion OF the ndcia power
aud the which attempts to confer is absolutely void
In considering the validity oi this act, therefore, is
necessary discard every idea OF its couierrng judicial
power We not view the statement certificate OF
the account Judgment, or the which coerc.s
payment as Judicial process. They be viewed as
ministerial performed by
They cannot DO Otherwise sustained.
"a will Tor the that the power OF coli
iectng taxes aud oil disburng the money public,
may authorize the legislature laws by which the
dgens OF the Executive may be empowered to settle the
accounts oil all receiving and disbuTHng ohcers, ana 10
issue in the execution TO compel the
payment oil any alleged 10 be due But these agents
are purely ministerial and their acts necessarily be
treated only IS ministerial The inevitable consequence
is that their validity be dc cided BY those pu.
cipes which govern all of this character These
quire that the authority, whether given by legislative act
otherwise, must be strictly pursued Such agents
not act on other persons other subjects than those
marked out in the power, they proceed in
manner different from that ii prescibes"
And this is not in the least impugned by that of
Marbury aud Madison. There the question was not made
whether the head OF the department was not responsible
to The Presidents but the proposition rightfly
tanned, that where particular duty specially vested by
law in an officer he is not only responsible to his superior
officers, but also responsible the individuals and the
public at large for whom the duties to be performed
And these and all the authorities combined prove cry
officer created by law 10 erecute is "ipso cto made
responsible TO the executive branch Of the
whether the law intends not ercept in those cases
tohere The Constitution itself has made him ofhey,oisc
responsible. The Secretary oil tho Treasury
within the exception.
And further, the moment you create officer to
cute law the Head Of q Department, the Consultation
not only makes that officer responsible to the President,
but II authorizes the President directly interfere tciM
his opinions, by calling for them in writing upon any
subject pertaining to the duties OF his office And
how this clause i'm the Constitution could have been
relied upon by the gentleman from Pcnnsy ania
TO convict the President Of usupation OF power, 1
cannot imagine. Sir, in the debate of 80, the
organization OF this very Treasury Department, these
officers are called "Ue eyes and arms of the Erecu.
tire And the Constitution only makes them respon.
Slbie to the President, but makes the President
sponsbie TO Congress and the people, by requiring that
che shall take that the laws be faithfully executed"
Not merely TO take care that the laws "overcome
sstdce as has elsewhere been said and this President
has pretty efectuay done Of late; but "ouerseer'
southern gentlemen understand meas our .ouerseer,
Mr. Speaker, TO make the public servants under his SUI
perinendence dilgent and failhiuo take care that the
peoples business Is done, and done WELL the law re-
quires And whether the President has his duty in
tins instance or has done than his duty exercising
his powers arbitrarily and oppresvey, proper
quries now but for an Impeachment; upon which shall
express no opinion until his enemies in this House
and out OF 1t shall have made their professions OF be-
lief by originating and preerng the charges heavy and
henOus, OF which they have told us he is gully
Yet for the exercise of this experimenting powe
the execution OF the laws the President has been denoun
ced as Cesar-a Cromwell Tberus and il has be-
said on this floor "that King England or France
could 40 ms without encounterng peril, ,chich no
PreSident IN these days can encounter-he loss of his
heddtor the exercise of arbitrary and despotic pooer
what Sir is true tina, the people, too base in
bonds degenerate aud corrupt that thew alrea will
a he "a vii
sers OF Europe, will not tolerate in kings and auiocra
Sir this calls rather for vndcaon Of the people than of
the President Basil Hall, Mrs Trollope has never
SO attacked this country its people, its institutions
The gentleman from s. c., (Mr. McDuiie) has told u.s.
Ave. heren the solution II the people not been such
"sn necked people,, il they had been such selfwilled
sovercgns another could have been king gentlemen per-
maps wsud have been better pleased and the people would
not be so much abused. Nothing but "Cesars" and
thrones, despots, tyrans, and yrants slaves,
please the fancy of gentlemen. Men apt speak most
othe things they think. throne in this couDtry Where?
Sceplres and thrones have crumbed before the white.
headed ot-man whom call President the late dreams
believe sir, that "rOne" has yet been erected in
the South c! Caesar has not yet passed the Rubicon |
sha wait Tor the warning OF Cato, not OF Casus Ame-
Icas Cato James adison, has ye, been by
The approach OF Cesar, and the people to re-
pei him. But Cato has been alarmed fIae, sure in
the midy of his old age, by danger from another quar-
ter-by those who would fll Cesar's throne such an
one as 1t 49, or might be, at the risk OF the republic
or, J suspect him much, and Immediately who de.
OLD apostles oil our liberty Mr.. Speaker, am sick OF
the press, which on sde cries
call Is we, and on the other side invariably cries wolf
VOL; which never speaks OF abuses where il has the
means oil knowing abuses, and TebUkes oppression
but In the suspicious tones faction But are GER.
tam patrlots-pario 10 the corewho verify are pao,s
win whom patriotism will dic-wbo sound the alarm of
despotsm-who decry yrans and those in power not to
put lhe people on guard-to make them watchul of the
hrss but merely because they tO0d be those very DO
es That be, or hare been, and have yeoymed" Sir
there are "Ous" who tDOuld be "ins" and there are
outs VINO hdue been Gins" aud there is definite
treaty oil alliance betw the classes Of outs"
beg leave, through this House. the
The people to singular fact and singular change
scene goodly portion OF their "iegisafce Department.
now, 10 composed OF what used be their "erecuiye de-
pdrtmeDt" fornery-tbose who used 10 hail from the
"WhHe H0uSe noIc hail from this House here upon th
hl, called "cGpioi; and En- Secretaries and Vice
Presidents have become installed legislators No won.
der, then That they contend that erecktre Offices
which used to be- and always have TO be-
executive Offices "Ieg iSdiiue Offices No won
der sir, that the legislative department should he pa
rottc now, and That II should so bitterly denouDce the
executive department tyrsDncsl, and nworhy con-
hdence sir, the thing is plain . the White House
and the Capitol House! How long, oil! we people, will
ye heed such presses and such paios2 hen the peo-
pie become too often disappointed and duped and made
WOLF then, sir, and then probably too will depoisn
make an easy prey Of their liberties. How cautious
should true patriots be- then, in raising ciamor
tyrans where there tyrants, and alarm against
slavery where there slaves. Mr. Speaker, il the
public mind be famiItrzed with ideas OF royay and
royalty itself made less hidcous like vice by familiar
acquaintance with IL, nothing tend 10 seduce
the one by The Introduction OF The other than for the
great and leading statesmen OF the nation btually In lie.
gisldive assemblies wantonIy deDounoo the President
as King, his Chair of State throne and the subordi-
nate public servants tyrans sayes-han for them who
SHOULD ne above blrcng editors work. merely for denun