Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-03

..itui;on he tsue, reimbursement oept. ',ha mean
Magictrate of right, when IS r;rr, At the bar
a., and mos, miserable culp:t ever afrh'S''" ~ Wv w.
- -. or Iuscc-n fair trial ny al iihP"F"ai Ju'J
win any, one hazard The opinion, that tGe o'lac "a .6
Ir S:o,t:s would or could give inc ilss'ue't ,
;r,;,I ,-;a ON the charge contained IN tneiI i's"u
.;p ~ chat they could be, in the nature ut thngs al.
;nT,inl ;uryo Sir is idle and ridiculous TO t''k apoo'
Il. and ought il not satisfy the most, soient paTz
that the Senate have ten guilty OF me o'1 thu,
and darrant violation of the Constitution, by dong s.H
which has entirely disqualified them for PerioIns IN inn
constitutional functions, in giving the le'
partial trial, in case of an imPeociin'en1 ~: o,,
Sir would ask what is the character: " Executive
extraordinary proceeding Is r;rt to do it as Elk:
mr. Judicial? The Senate had no r'sntt unc,ated Elk.
,;o ,ct because i, is not among Inc enu. , ,lo m
ecu,ive duties TO consent to. rally o Cvarnnent,
pontn,ent of a the high 0lGSt n1s,uon. Nor could
% AZ !, ~ their Judicial character as no l.Psae"
v,s nrefsrrcd by the House OF
I'D be forms and acquisitions OF 'he
anu s yJor,rled on the trial. But the gentleman
sn,lie has attempted escape from this dilemma
;fno us that this resolution is Legislative IN It's
,raoter Is it possible, that that very ingenious gen
tn,n should be driven TO so poor suberiuge: why,
moi authorised by any clause Of the Constitution 10
form legislative act alone without he y.
The House of Representatives, and the Executive oo
for the Constitution provides that Every oiaes
ton, vote, To- which the concurrence assnrv few
and House of Representatives may be necessary ~,
cent question Of adiournment) shall DC Pfese"'eu W
the President of the United States and before the same
shall take effect, shall be approved oy hin s o ,no"r
cir would cnauire does this resolution ask the concur
renee Of the House of Representatives, or propose pm
or any other legislative action II not, II canho NC
gisIative act; and if it did, the Cons
that it should be laid before the rresuehl anu vi
moved of by him. before it could take efect-"nio"
sbows how very absurd it is to contend mat Tue ocn
alone had constitutional right to adopt this resoioso
legislative act and that, too, against Inc
of the Constitution which declares that' nt 1900 e
~ ha vested
the limited States which shall consist OF oen'I CIV
House of Representatives Sir, can any one WV ,,
me entertain doubt that the Senate had 40 const-:
,ional right to adopt this resolution, ana pace
Jonrnal and that it is most 6agraHt ana PaiPaoe so
laton Of the Constitution? Unless lhis act receives M
most condipn and exemplary condemnation 'io. ..,s
American people, will Dc uss' as shown that the
Exercise of this power by the Senate must
DESTROY the independence of the Executive anu IJ
mere blank and break up all that harmony "hc' snou'
e.at between these two branches OF ue Wv ..:i
49, 10 90 essential 10 the successful administration
of il For sir let it be established that lhe
have the right to determine, what are Tue cohs'tu-
onal rights Of the Executive and .n,nH sa,s fe
~ candid man. that would not be long before nsur
ea an Executive power: And complete harmony ana
confidence cannot be restored until this act OF the e
nate shall be 80 sgnay reprobated by some recoroeu
act of that body as will forever prevent It's pe'"s e
after drawn into precedent.
But sir ifthe Senate had the constitutional right IL
ought not have placed this resolution on Tue
because the charge against the President which 1t con-
t,ns ia untrue The gentleman from Nythe says, tlat
b as ou;ltv of violation both Of the Constitution and
the laws in assuming the contro! o the Puohc money
by having the public deposltes removed from TIE "
Bank upon bis responsibility because, he says, a'e
whole and exclusive control of the public money is g.
VEN by the Constitution, to Congress Now SIT, deny
that the President has assumed the control OF the public
money He only directed the Secretary ofthe Treasury
TO resume its custody, agrceaoy 10 the CONSTITUTION az.
vhe he
violation of the Constitution the laws as he IS charse'
in this resolution and first ascertain what he did do H
directed Secretary, Mr. Duane to remove the aeposte
FROM the Bank of the United States, and said that III
would take the responsibility, and because he refused
to do it, he removed him from office, and appointed Mr.
fancy in his place, who removed the deposites Ha
he riuht to do this? BY the Constitution tie Execu
tvs n,wer shall be vested in President Of the Unite
states of America" "He shall nominate, and by an
with the advice and consent of the Senate Slew 2npon
Ambassadors, other Public MINISTERS anu otEosrS
Indre, of The Supreme Court, and all other CJFee'S
the limited States whose appointments arc mol heIe'
otherwise provided for, and which shall be eSaosneu
law Now, sir, the only officers, the appo'nnen 'i
Seca s : ssswins The House osc.;s snG
shfa choose their Speaker ,h osnee OF so vo.
also President are all the Offices either bsauch Of
President uthorized by the Constitution to fill and By
Cong, clause 'the President shall have full power to fill
p all vacancies that may happen during the recess of the
Senate" Hence, the Senate not in session when
MIR Duane removed, there can be no doubt Of the
Presidents right to fill the vacancy occasoned by his re-
mova and the only question on this branch OF the sub
ect for us to examine IS this Had the President fg
to remove Mr. Duane, and assume any responsibility on
the subject Of the removal Of the deposites The gen
teman from Wyhe denies that the President has
stitutona right TO in any casc unless he is
thorsed by law to do lie says, that the President
cannot else incidental implied power (ahough
it may be absolutely necessary TO execute expressed
poer) unless it be expressly conferred by law; and he
triumphanily asks, where is the expressed power in
the Constitution, the law, which authorizes the Pre-
sGent TO from Officer In support of the strange
position, that the President exercise Incidental
power unless he is authorized by law he relies the
section of the Constitution at the close OF the enumera
ed powers conferred on Congress, which authorizes
Congress o make all laws which shall be necessary and
proper for carrying into execution the foregoing pow
ers, &cl surprzed, that so able constitutional
lawyer that gentleman, should take this ground; for.
he knows, ought 10 know that the most able expound
ers of the Constitution of the Republican party, Mr..
Jefferson Mr. Madison and others, all agreed that this
clause of the Constitution is altogether supethuous that
il does enlarge the powers Of Congress at all, and
that incidental implied power be exercised by
either branch ofthe Government by virtue OF it, which
could not have been exercised without il. This, sir is
the State Rights doctrine; and how does the gentleman,
who Processes to be Stale Rights man, advocate the
old Federal doctrine Of construction, which derives many
important powers from this clause Of the Constitution
which the gentleman relies so much Agreeaby to this
doctrine, Congress can enlarge diminish the cons
tutonal powers OF the President pleasure. For it
will be admitted by ALL that the incidental power is
much constitutional power as the expressed pow
er; that Congress can enlarge the Constitution
by comforting incidental powers the Executive BY
law, and take them away by repeating the law
Sir, it seems me that it is only necessary the
proposition and its consequences to show its absurdity
and that ,his>doctrine would entirely destroy the Jude
pendence Of the Executive, and make it cypher
For Congress has tc to confer incidental powers
the Executive, has Of the right determine
what are its expressed powers, and may deprive Of
nearly all Of them Hence the Executive branch Of tn"
all incidental and implied powers necessary for carrying
into execution the expressed powers that the Legislative
branch has; for the general powers of each Of these
branches conferred by similar TERMS and any other