State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-05-31

orders as are legal (; whereas the pretensIon
set up for the Presidential power is unlm-
tied obedience.
If the Objectionable assumptions Of pow
err by the Executive are sought to be ins-
tilted upon the ground that they are ncccs-
sary to remedy existing evils, or secure
great public benefits, the appropriate an
swer is to be fourd in the sentiments of
General Washington, quoted in the Rcsolu-
tons of your Convention. "Thc habits Of
thinking in free conntry," says the pre-
eminent patriot and statesman, should in
spire caution in those entrusted with its
administration, to conline themselves with
in Their respective constitutional spheres
The spirit of cncroachment tends TO con-
solidatc the powers Of all the Departments
in one, and thus create, whatever the form
of Government, a real despotsm. k&* Any
change 10y usurpation for the avowed pur-
pose of remedying evils, though in
one instance it may be the instrument of
good, is the customary weapon Ivy which
free Governments are DESTROYED"
The sentiments here expressed were not
peculiar TO General Washington. They
were common to the patriots Of Virginia,
throughout the Revolutionary war. And
never were they more steadiasty maintain
ed than in the most gloomy period OF that
cventiiIl contest. The pages of the lament
ed Writ inform us that the dagger of Il
modern Brutus bad been prepared ready TO
he used, if the times had given birth to II
modern Caesar. And from other historians
OF that State we learn that one Of the Lest
most magnanlmous, and dlslnterosted of
her sons, the Chief of her Executive, scarce
Iy escaped impeachment for the exercise
Of AN authority, upon his own n sponsblI-
ity which had been entrusted To himself
and others. The circumstances developed
III the investigation were such MS to bring
conviction to every mind that it ever AN
Executive Magistrate was authorised to
assume responsibility, that was the case.
The power to act in it had been given to
the Governor and Council. The eXieency
was pressing. There was no possibility Of
assembling the Council aud he acted upon
his own authority. When it is considered
how much this act contr butcd to the gioli-
Gus result of the capture of the army of
CORVALLIS, it may excite surprise that Un
investigation of the subject by tie Lcgsla-
ture should have been thought necessary :
And particularly too, when it was public y
known that the Governor had personally
suffered more by his own act than any other
individual. But in the eyes of the patriots
of those days, an usurpatlOn Otpower, under
whatever circumstances it might have taken
place, by whatever apparent necessity JUS
tilted, required a deliberate investigation on
the part of the immediate Representatives
of the people. The result was glorious to
republican frmness aud individual virtue.
The laws were vindicatcd and the patriot
Governor elevated in the opinion of his
fellow citizens. But this did not satisfy a
mind so sensitive and magnanimous as that
ofNelson. To show that lust of power had
no operation upon his mind, he resigned the
Government and avowed his determination
never TO accept another Office.
| consider myself fortunate TO have per-
sonaly known in my youth, all the diSlln-
guishcd actors in those scenes; 10 have
listened to the elevated sentiments and
purely republican maXms VIII ch fell from
their lips, and by which their conduct was
always governed How refreshing it is TO
look back upon period so prolific of emf
nent statesmen who well understood, and
invariably practised upon the pure princi-
plies of Democracy And how painful it
is to contrast them with the heretical dog
mas of the present day. The Democracy
fthe period of which am speaking, and
which was professcd and acted on 10y the
Henrys, the Nelson's, the BANDS, the Lees,
the Wythcs the NichOIases, thCCarrys, the
Masous, the Carringtons, the BraXions, and
the Tylcrs Of Virginia, was composed OF
Interchangeable principles; the first Of which
was the acknowledgment of the sore-
reignty Of the people, and the object Of all
the rest, the preservation aud perpctuation
of that sovereignty in their hands. Ofthc
latter that which was considered most i'm
portant was, that Democracy could he only
preserved by rigid adherence to its own
Principles. 1t admitted of no aid from those
of the opposite systems of Government.
Under no prctcncc, no prospect OF tempo
rary advantage, were the principles of
Aristocracy and Monarchy to he received
as allies. If it had been supposed that II
purely Democratic Republican Govern
ment was not equal to It's own preservation,
the cases in which arbitrary principles
were to be Introduced would have been
particularly provided for. And it would
have been far better that it should have
been so, than to suffer them to be assumed,
AT will, by those to whom the admlnlstra-
ton of affairs was entrusted = as far better
as any defined, regulated system of action
is preferable to the exercise of unlimited
discretion. For when has it happened that
the power to assume has not been followed
by the assumption: And when has the
assuncr been satisfied with less than the
whole that is atlainahc Ifbut ono miracle
ofthis kind is to be found in our own histo-
ry, and no other in the lapse of ages, the
exception proves the otherwise universal
litv of the rule. When another such mir
mclc shall occur, we may expect an equal
change in the other propensites of the
human mind. The miser shall cease to
crave addition to his boarded treasures, and
in the language of the elder Adams, "the
lover become content with the first smiles
of his mistress"