Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-06

ment, ii will be found TO contain declarations OF power
granted, and of power withheld. The latter is also
cep,ibe Of division into power which the majority
had the right to grant, but which they did mol 'hh3
proper to enrnst to their agents. and that which hey
could not have granted, not being possessed by them
selves. In other words there certain rights pos
sessed by each individual American citizen, wmcn, IN
his compact with the others, he has never
Some of them indeed he is unable to surrenoef' oes'
in the language of our system, unaiIenaoe'
The boosted privilege oS Roman citizen was to HIM
shield only against petty provincial ruel' WV
proud democrat of Athens could console nnse.i uuei
sentence Of death, for supposed violation Vi 'e ma
tionsl faith, which no one unaers'oo' ",,u ~.v a.
times WINS the subject of the mockey OF all or OF ba
nshment from his home, his family and his country,
with or without alleged cause: that II was the act
not of snoe tyrant or hated aristocracy, but OF his
assembled countrymen' fae aHeren' 10 'ie Powe! o.
nrescrbe forms Of worship for no ones Observance in
ct no punishment but after wellascertained guilt the
result Of investigation under forms prescribed BY the
| Constitution itself These precious privileges, and
those scarcely less important of giving expression to
his thou sh,s and opinions either by writing or speak
| iny unresrained bat by the liability for injury to
Others and that of full participation in oil the ad
yantages which flow from the Government, the ac-
knowTedged property of all, the American citizen de-
riyes from, no charter granted by his frlowman He
claims them because he is himself man, fashioned by
the same Almighty hand the rest of his Species aud
entitled TO full share of the blessings with which he
| has endowed them.
Notwithstanding the limited sovereignty possessed
bv the People of the United States, and the restricted
grant of power to the Government which they have
adopted enough has been G ven TO accomplish all the
objects for which it created. 1t has been found
powerful in war; and hitherto, justice has been admin
isered an intimate union effected domestic tranquility
preserved and personal liberty secured TO the citizen.
As was TO be expected however, from the defect of Ian
guage and the necessarily senentious manner in which
The Constitution is written, disputes have arisen as 10
the amount Of power which II has ualy granted or
was intended To grant This is particularly the
case in relation IL that part of the instrument which
,res,s of the legislative branch. And not only re-
cards the exercise of power claimed under general
clause giving that body the authority TO pass all laws
necessary To carry into effect the specified powers, but
in relation TO the latter ALSO II is however, consola
tory to reflect that most of the instances of alleged
departure from the letter spirit of the Constitution
have ultimately received the sanction Of nlajority oil
the People And The fact that many OF cur statesmen
most ds,r rushed for talent and patriotism, have been
NJ one time or other OF their political career, both
sides of the most warmly disputed questions, forces
upon us the inference that the errors, If there
were attributed TO the intrinsic difficulty, IN many
instances of ascertanng the intentions of the trainers
the Constitution, rather than the influence OF any
sinister ar unpatrotic motive.
Eat the great danger to institutions does not p
rear To ME 10 be in usurpaon, By the Government
of power no, granted by the People, but by the
mutation in of the departments nt that which was
have been granted still enough have been granted to
constitute despotism, if concentrated in one of the
departments. This danger is greatly heightened, as
has been always observable that men less jealous Of
encroachments Of one department upon another than
upon their reserved rights.
/ When the Constitution of the United States hrs
ca ne from the hands of the Convention which formed
IT, many of the s,ernest Republicans OF the day were
alarmed at the extent OF the power winch had been
granted 10 the Federal Government and more particu
IL hich had In flf
Executive branch There were in II features which
apoearcd not To- be in harmony with their IDEAS oil
a simple representative Democracy or Republic. And
knowing the tendency of power to increase ITSELF par
ticuarlY when executed by single ndiv dual, predic
tons were made that at very remote period, The
Government would terminate in virtual monarchy. /,
would not become TO say that the fears Of these pa
,riots have been already realized. But as sincerely
believe that the tendency of measures, and of men
opinions for years past has been in that sirec
tion it is conceive. strictly proper that should take
this occasion 10 repeat the assurances have heretofore
given Of determination TO arrest the progress OF that
tendency If il really exists, and restore the Govern.
ment 10 its pristine health and vgor, far rs this can
be effected by any legitimate exercise of the power
placed in my hands.
proceed 10 state, in summary manner as can,
nv opinion of the of the evils which have been
so extensively complained of, and the correcves which
may be applied. Some of the former are unqnes.
tonably be found in the defects of the Constitutions
others, in my judgment, attributable TO miscon-
structon Of of lis provisions. OF the former ID
the eligibility Of the individual to second term
Of the Presidency. The sngacious mind Of Mr. JEFF
erson early saw and a.neDtcd this error and attempts
have been made, hitherto without success, 10 apply
the amendatory power Of the States TO its correction
As however, ore mode Of correction is in the power
of every President and consequently in mine, II would
be useless and perhaps nvidious to enumerate the
evils of which, in the opinion Of many Of our fellow
citizens this of the sages who framed the Consti
tuition NAV have been the source, and the bitter fruits
which still to gather from it if it continue TO dis
figure system. it may be Observed however, as
general remara, that republics commit greater
error than to adopt continue any feature in their
systems Of government which may be calculated 10 Gre
ate or increase the love Of the bosoms OF those
to whom necessity obliges them 10 commit the man.
agenlent of their affairs. And surely nothing is more
likely to produce such state OF mind than the long
continuance Of an Office of nigh trust Nothing can be
more corrupting nothing more destructive Of all those
noble feelings which belong to the character of devo-
ted Republican patriot When this corrupting passion
once takes possession Of the human mind Ike the love
of gold, it becomes Unsuitable. II is the never-dyn
worm in his bosom, grows with his growth, and
strengthens with the declining years Of its victim. II
this true, is the part Of wisdom for republic TO
limit the service of that officer, al least, to whom she
has entrusted the management OF her atons,
the execution Of her laws and the command of her ar.
mics and naves, 10 period short te prevent his
forgetting that he is the accountable agent, not the
prncipal-the servant not the master. Until an amend
mPnt OF the Constitution can De erected, puUlc OPP
MON may secure the desired object give my aid Ia
it by renewing the pledge heretofore given, that under
no circumstances, will consent 10 serve second time
But if there danger TO public liberty from the ac-
knowIedqed defects of the Constitution, i'll the want
of limit to the continuance Of the Executive power in
the same hands, there is, apprehend, not much less
from misconstrncon of that instrument, as 1t regards
the powers actually given. cannot conceive that by
fair construction. any either fits provisions would
be found constitute the President part of the tgs.
latiye power. 1t cannot be claimed from the power
to recommend, since, although enjoned as duty up
on him, it is privilege which he holds in common
with very other citizen. And although there may be
something more of confidence in the proprety Of the
measures recomme ndcd in the than in the
other in the obligations of ultimate decision there can
be no difference. In the language ofthe Constitution,
all the legislative powers which it grants "nre vested
in the Congress of the U. S." 1t would be solecIs'n
in language to say that any portion of these is not m
Guided in the whole
i, may be said, indeed, that the Constitution has
Il a.. &c