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

Ola Court OF Justcra fair, triu ty impartial Jury
Will any one hrzad the opinion that the Senate of the
" States would could give the Pre- sdcn, iair and
imparuai rai GA the charge contained in their resolu
ton, that they could be- the of things an
impartial Jury: Sir idle and to talk about
III and oughtt not satisfy the violent parzsn.
mat the Senate have been guilty OF the palpabe
and fragrant violation of the Constitutions by doing that
which has entirely disqualified them iur performing their
constitutional functions, in giving the President i'm
partial trial, in case OF an impeachment
Sir, would ask, what is the character of this most
extraordinary proceeding? Is il Legislative, Executive
or Judicial The Senate had no right to do il ms an Ex
ecuve act because it not among the enumerated Ex
ecuve duties, Ito rafy treaties and the APP
pointment oil all the high officers of the Government
conferred on that body by the Constitution. Nor could
they do II in their Judicial character no npeach.
inent was preferred by the House of Representatives
aud the forms and acquisitions of the were
entirely disregardcd on the trial But the gentleman
from Wyhe has attempted to escape from this dilemma
by informing that this resolution Legislative in its
character Is 1t possible, that dat very ingenious gen
teman should be driven TO poor subteriuge? Why,
sir that gentleman knows very well that Senate are
not authorised by any clause of the Constitution to per-
form legislative act alone without the cooperati,n of
the House of Representatives, and the Executive too
Tor the Constitution provides that Every order resolu
uon' or vote to which the concurrence of the Senate
ana House oil Representatives may be necessary, lex
cept question of adjournment) shall be presented to
the President of the United States and before the same
snail take effect shall be approved by him., &c. Now,
sir, would enquire does this resolution ask the concur
renee OF the House of Representatives. or propose Bill
or any other legislative action IL not IT be lc-
gislave act and If il did, the Constitution requires
that it should be laid before the President and be an
proved OF by him, before it could take cifect-which
shows how very absurd il is to contend that Senate
alone had constitutional right adopt this as
Legislative act and that too, against the letter
OF the Constitution which declares that GAIL
powers herein granted shall be vested Congress of
the United States, which shall consist OF Senate and
House of Representatives. Sir can anv one 40 bo be,,
me, entertain doubt that the Senate had no constitu
ional right TO adopt this resolution place on their
journal and that it is most aagran aud papable
lation OF the Constitution Unless this receives the
most condign and exemplary condemnation from the
American people, 1T will be used as most dangerous
precedent hereafter think have shown, that the
exercise of this power by the Senate must necessarily
destroy the independence of the Executive and render
amere blank; and break all that harmony which should
exist between these two branches of the Government
and which essential TO the successful
oft For sir, let it be established that the Senate
have the right to determine, what are the constit,
tiona rights of the Executive and think that the his
tory of that body for te last few years will satisfy eve
ry candid man. that it would not be long before itnsurp
ed all Executive power: And complete harmony and
confidence cannot be restored until this of the Sc
nate shall be so signay Reproduced by recorded
act OF that body will forever prevent its being here
after drawn into precedent
But, sir, if the Senate had the constitutional richt 4,
ought not to have placed this resolution on the Journal
because the charge against the President which il con-
tlins, untrue. The gentleman from Wyte saws that
he was guilty of violation both of the Constitution and
the laws in assuming the control of the public money
by having the public deposites removed from the IT, s.
Bank upon his responsibility; because, he SAYS, the
whole and exclusive control Of the public money is gi
ven, by the Constitution, to Congress. Now sir DENY
that the President has assumed the control the public
money He only directed the Secretary ofthe Treasury
10 resume Its custody agreeably the
laws Let us now examine whether he was guilty of
violation OF the Constitution the laws as he is caroed
IN tins resolution; and first ascertain what did do lie
directed Secretary Mr. Duane to the deposes
from the Bank of the United States and said that ne
would take the responsibility, and because he refused
TO do it, he removed him from office and aunointed Mr.
fancy IN his place, who removed the deposies Had
he right TO do this? BY the Constitution the Execu
tive power shall be vested in President of the United
States of America" 'He shall nominate and bv and
with the advice and of the Senate shall aDpon
Ambassadors, other Public Ministers and Consus
Judges OF the Supreme Court and all other Officers of
tne United States whose appointments not herein
otherwise provided tor and which shall established bv
law Now, sir, the only officers, the appointment Of
whien Is Otherwise provided for ia the Constitutions
nre the following -" The House OF Representatives
shall choose their Speaker and own officers" and
" The Senate shall choose their other officers and
also President, pro TEN in the absence of The Vice
PRESIDENT which all the Offices either branch of
Congress ~ Constitution Gil and by
another clause the President shall hay full power 60 fill
up all vacancies that may happen during the the
Senate Hence, as the Senate not in session when
Mr.. Duane removed, there be no d,ubt of the
PRESIDENTS right to fill the vacancy occasoned by his
moya; and the only question this branch of the sub
Ject for us to examine this: Had the President right
10 remove hir Duane and assume any responsibility on
the subject OF the removal of the depostes The gen
eman from Wythe denies, that the President has CON
sttutonal right TO in any case unless he is au
thorsed by law to do He says that the President
cannot exercise Incidental implied power although
1t may be absolutely necessary execute expressed
power unless 1T be expressly conferred by law; and he
trIumphantly asks, where the expressed power in
the Constitution, the law which authorses the Pre-
positions that the President exercise incidental
power, unless he is authorized by law he relies ON the
section oil the Constitution the close of the enumera
ed powers conferred Congress- which authorizes
Congress ITO make all laws which shall he necessary and
proper Tor carrying into execution the foregoing pow.
ers, &c-l surprized, that so able constitutional
lawyeras that gentleman should take this ground; for
he knows, or ought to know that the able expound
eTs of the Constitution, of the Republican party, MIR
Jefferson, Mr. Madison, and others, all agreed that this
clause of the Constitution is altogether supethuous; that
IL does not enlarge the powers Congress at all and
either branch Of the Government by virtue of it, which
could not have been exercised without it, This sir is
the State Rights doctrine and how does the gentleman
who processes TO be State Rights man, advocate the
od Federal doctrine OF construction, which derives many
important powers from this clause Of the Constitution
which the gentleman relies much Agfecably 10 This
doctrine, Congress enlarge diminish the consti.
tutonal powers of the President ut pleasure For i,
will be admitted by ALL that the incidental power is as
much constitutional power the expressed pow
err so that Congress enlarge the Constitution
BY conferrng incidental powers the Executive by
law, and take them away by repeating the law
lSir II seems To me that ii only necessary state the
proposition and It's consequences show lis absurdy;
and that this doctrine would entirely destroy the hide
pendence Of the Executive, and make it a cyphcr
For If Congress has e rsto confer incidental powers
What are eHpressed p % eqs le g d 10 Il m
nearly all of them Hence the Executive branch of the
government mas the same constitutional right to exercise
all incidental and implied powers necessary carrying
into execution the expressed powers that the Legislative
branch has; for the general powers of each of tcse
branches are conferred by similar terms and any other
construction OF the Constitution will destroy the indie.
Pendence OF the Executive and impose upon IL obiiga
IONS whch u cannot possibly perform. For example;
the President is required TO take an oath bot he iii
faithfully execute his Office and that ne will 10 The best
OF MS liability protect and