Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1836-03-10
Mr.. Robbins, Speech.

18Th, on The Resolutions respecting Fortified.
hons, &c.
! Mr.. ROBBINS addressed the Senate as
follows:
The proposed appropriation Of three mil
lions on the last night Of the last Congress,
(now forced into this debate, on the resolu-
tion now proposed to pledge the surplus re-
venue to the defences and armament of the
country. and making so prominent part in
this debate, though it has nothing to do with
the merits of the question presented by the
resolution)-this three million appropriation,
say, was refused, on the ground that it could
not be granted as proposed, without viola
tion OF the Constitution, which we are all
sworn 20 support, or, in other words, which
we are all sworn not to violate. Ii IS true
other objections were urged, and had their
weight; but this was the decisive objection;
at least, il was so with me; and, as believe,
with that abused majority with whom voted.
| think il the more necessary to make this
statement, as see the ground of refusal by
the Senate, has been strangely misconceived,
or still more strangely misrepresented, in
quarters and by persons ofwhom better infor-
nation or mors candor might have been ex-
pected
| propose, now simply to review that ground.
and to confne my remarks to the argument
that went to prove conclusively, as ! then
thought, and still think, that such an aPpro-
priaton would be a violation of the Constitu-
tior.
The proposed appropriation was in these
words:
".4nd be it. further enacted, That the SUN Of
three millions Of dollars be, and the same is
hereby, appropriated out Of any money IN the
Treasury not otherwise appropriated, to be ex-
pended, in whole or in part, under the direc-
ton of the President Of the United States, for
the military and naval service, including for
tifeations and ordnance, and the increase of
the Navy; Prouided, such expenditure shall
be rendered necessary for the defence OF the
country prior to the next meeting OF Con-
gress."
Who was to Judge of the necessity here
spoken Of? The President himself. Then
the money was to be placed in the hands oi
the President, to be used at his discretion
| How was the money to be expended! Foi
any naval or military preparation for the de-
| fence of the country, and that also IN has d's
| eretion. Under the implied authority OF th
vote, then, the President might raise an Ar
! my in addition to our present Army; for th'
! would be for military service in defence o
the country, jFhe chose so TO consider 1t. Un
der the express authority of this vote ht
might provide a Navy in addition to our pres
ent Navy; for this, too. would be for nava
service in defence Of the country, yfhe chose
80 10 consider Il. | need not say, that an au-
thority TO do these things implies an authority
to do all other things which would be neces-
sary and proper as means to these ends.
How any constitutional jurist could con-
hat IN
sweeping authority, would not be violation
Of the Constitution; or how any such jurist
can still contend for such an Interpretation OF
the Constitution, am at a loss to imagine
! Why, who does not see? II rs 10 transfer by
vote Of Congress to the Executive all the
powers Of war, except merely those ofissuing
letters of marQue and rcprisal, and Of actually
declaring and waging war powers vested
| by the Constitution in Congress, expressly
and exclusively. The Constitution expressly
ordains that the Congress is to raise armies
and to provide navies: and yet this appropri.
alton would have authorized the Executive
to do both. ! need not remind this body, fol
to them It is a trnism, that all the powers o
| Congress are trust powers, and incapable o.
alienation or substitution by the trustee
Where is the constitutional Jnrlst, ask. Ell
ther here or elsewhere, who will seriously
contend that Congress can transfer the CON
stitutional powers expressly entrusted t'
| them, exclusively entrusted. to the Executive
to be executed by him? Yet we have heart
an honorable gentleman on this eoor boas
that the moment when he voted for this ap
preparation as proposed, he considers as the
proudest moment Of his life. What life tina
must have been, if it's proudest moment was
that in which al effort was made, though un
successfully, in which he participated, and o
which he might say "mGgna pars ti," tina
went in its direct tendency and effect to make
an open inrosd upon the Constitution o thi'
/ country, and to undermine its fabric; TO IN
frame its very frame by subvcrtng the grea
! principle its structure, namely, that OF keep
| ing and con6ning its different powers to thei
different departments; separation essentia
to the very being Of free government; ant
in which, and by which, Liberty herself hat
| her life and breath and being an allmen,!-
! But here take the part Of the gentlemaI
against the gentleman himself, and deny tina
he has done Justice to his life. do not be
! leve that his three million vote is the climax
of his merit, the crowning glory OF his life
nor that his bographer will so consider it,
On the contrary, believe that the merits o
his life are so many, and 50 much brighter
that his biographer will omit the mention o
this altogether; or, if his cannot be done, tha
at least he never will record it as one OF hi
eulogies. 1t will be one OF those passage
| in his work which the biographer, ifa friend
will be willing the esder should overlook, o
forget as soon as possible.
But it is said the objections might hav'
been obvisted by amendments. But ho'
could this be? Recolect the appropriation wa
to be not only contingent but discretionary
discretionary az to the object. The discrc
ton WAS the great thing desired Of US; tb'
WAS the end and ninn of the project. Now.