Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-04-11
MR.. McDUFFIE,s SPEECH,

Sir, If these are the functions OF the Executive I
Magistrate, well may the gentleman from new
York inform us that they require deep renee
ton and profound judgment" Placed IN the |
Judgment seat, the final arbiter on all conflicts
for power with the other departments, ne assigns
to the legislative department 1t appropriate IL |
mits and makes his own sovereign VIII the mea- |
sure and the limit of his own power. / will not
hermit this monstrous pretension to pass from
me till i have given it thorough Investigation
and fully exposed its enormity. 1t is curious
fact in our political history, that party should
have risen up, pretending to exclusive repuDH- |
canism, and at the same time claiming for their
Chief Magistrate an imtable extent of power,
from clause in the Constitution, which obvi-
ously CONVEYS no power at all! What sir, are
we blind? Are we so dazzled by the glare which
surrounds the pageant we have placed at the
head of the Government, as to be absolutely de-
prived of intellectual vision?
If gentlemen will but step out of the magic
circle of this federal executive, and look into
the constitutions of the States, they will perceive
that these cabalistic words, "the Executive
power shall be vested in Governor" are to be
found in almost every State constitution though
no one ever dreamed that they conveyed any
power These words are in the constitution OF
Virginia where the Governor makes very lew
appointments and in that OF South CafoHna,
where the Governor has no power either TO
make any appointment or dismiss single IN
cumbent from office. The constitution OF that
State, also contains these other talismanlc
words which are held to dissolve all the barriers
of executive power, she shall see that the laws
are faithfully executed, in mercy,"-yes, slr,
MERCY, the glorious prerogatlve OF constltuuon-
al Chief Magistrate, not vengeance, the odlous
attribute of an unconstitutional usurper. But to
return to another of the propositions of the gen
tleman from Newly ork. eve have seen says he,
that the legislative and judicial powers are alike
incapable of alienation, and OF beng ererted
through Intervention Of agents. Not so with the
executive power rested GSsd remaining ln q SIN
gle magistrate! it may, nevertheless be called
into action by the agency of subordinate indivi-
duals.n Sir, there is no political proposition
more selfevident than that Congress cannot de-
legate its powers; that is, it cannot authorize any
other set of functionaries to make laws. But
where, pray, in what political school, did the
gentleman learn, that because Congress cannot
make a sub delegation of its powers it cannot,
therefore, "constitute agencies to execute the
laws which the Constitution has authorized it TO
enact2 What sir are We school boys IN the
first FORM to stand here and gravely argue such
question as this? 1t is the very end, the APP
propriate and exclusive faculty of the legislative
power to create agencies for executing its will.
What is the whole of that vast executive machl-
merry by which the operations of this Govern
ment are carried on, but such an agency? And
yet we are told that Congress cannot create an
agency, and this doctrine is laid down as the
downing structure OF an absolute power IN the
Chief Magistrate. Let us examine the princi-
pie which is involved in this extraordinary doc
trine. Where did it originate and to what ca
tastrophe does it tend2 The great principle
which lies at the bottom of this theory, is neither
more nor less than that principle of feudal des-
potiSnl, which ascribed to the Lord Paramount,
as his property, not only all the lands, but all
the powers and offices and honors of the king
DOM to be granted out by royal charters at his
sovereign will and pleasure All the executive
power, "vested and remaining in single ma
gistrate but may be called into action by the
agency of subordinate Individuals | beseech
you sir to consider the consequences of this doc
trine if carried out
The President of the United States is endow-
ed not only with his own appropriate power,
that of the Chief Executive Magistrate sitting
in the highest seat of authority, and waving his
own sceptre, but he claims a preparatory right
to the powers, exercised by all the other Execu-
tive officers of this mighty system, from the high
est TO the lowest in all its ramifcations and de.
Tendencies. Yes SIR the forty thousand agents
who constitute this system, do not exercise their
own powers in obedience to the will of the law
making power and in trust for the people, but
they exercise the powers of the President, in
trust for the party, and in obedience to the will
Of their sovereign lord and master! Is it not so,
sir? What monster, destitute of form and
comeliness do you thus make of the President!
Y on concentrate in him all that is odlous in his
tory and monstrous in fable. You make him
Hydra with fifty thousand heads, and Briareus
with hundred thousand hands. must invite
the attention of the House, particularly to the
idolatrous strain in which the gentleman from
New York speaks of the theoretical omnipo-
tence of the President, while he admits, in tone
of lamentation, as if he regretted the lispensa-
tons of Providence, that the physical faculties
of" that high functionary are in their nature IL
mited altho' upon the President devolves the high
duty of seeing that allthe laws of every descrip-
ton, and in every part of the country are faith
fully executed Such is the nature of the Execu-
tive trust, such the plain terms oftheC Constitution
Were the human faculties equal TO the task, the
whole Executive power might be executed by
one man. But this is impossible. No man sin
civ and alone is capable of these things What
a melancholy re1ecton that the President of
the United States, who is thus shown to be Con-
stitutionally omnipotent, should not have been
endowed with the attribute ofubiquity. lsthere
no "fond idolater'' who viii supply this deside-
ratum in the dispensation of Providence, and by
some combination of machinery and steam,
complete the living apotheoss of an omnipo-
tent President by adding the faculty OF Omni