The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-31

affesr -hc has di-eAarksd as Pre<4sni Ishr -
done solemn and de<tly resgeaslsle ea1< 80. -
he con-fiiulon and his coantry, celsAnas "a.
should BE- shielded from the inssns.,sn Z. N soos
faith 10 those who raised han. ~ iAf1 's-~'
THE senator in.inaied hat ~hsn Offering ms I.s ,
.mendment 10 the bn as eozPrsMiss, nc Dens'eI
-, 49,, s,,s,iaent would be acceptable here and
.I.-xS~r<-, o the President well a. hs ir'ends
A. - NOV whence the honorabie Senator derived
~ - CIV The senator again mistakes my Ian
.nsg, said thai did not know whether the amend
,neat would be accepsable not but thai hoped u
would prove acceptable not only here but elsewhere
have only TO say. then. said Mr. r. .hai can Sc. sec
no adequate foundation for such hope in any Of the
public proceedings CONNECTED with this bill
Lei me nov give the history Of the affair, as Il aP
pears in documentary evidence. Was not well I'M
derstood at the commencement OF our session inal
there serious constitutional diificuies 70 's
Executive Department in regard 10 an old-fasnonea
Bank OF the United States Were not these dineui-
ties plainly referred TO in the Report Of the
Of the Treasury And did MOI the h9nofaon -
Tor himself cali upon that officer for the details u =
plan which shsud be free from constitutional uhou'
iies1 And was il not understood that the plan SUD
mitted in answer that call contained the Iuniuu
Of the President after full consultation WIN NE ~
1 fetal advisen1 And what was the sine qua non ~
that pjan Was il not the unqualified pfesiods as
sent OF the States to branches within their h'nin
But the Senator will not, sure contend that MS
amendment so Chlieul Jill Pfo'iue W ~
unqualified previous assent OF the States
The Senator complains Of the manner IN which the
President has expfessed himself in the message
Whatever, in some passages OF that paPef may seem
10 the honorable Senator from Kentucky as marsh OF,
at least energetic nothing, am sure, was iurther
from the mind Of the President than 70 use language
which might seem wanting in respect TO this body or
any member Of it, He knows too well the hgh ana
Jgnied courtesy which should preside over the reia-
tons Of the coordinate departments Of the Govern
tnen IN lndu Ice. a
tent with that courtesy IT. in the force and earnest
ness Of his convictions he has used language Of cor
responding energy IL must be set down TO mat &C
count alone and may plead some indulgence from the
example Of the honorab Senator, in whose bold and
commanding eloquence words are wont to bear the
Impress OF his own fervd conceptions
haze few words now to say as 10 ine ailerha-
tiyes which the Senator tells the President ought
10 hove embraced rather than have returned this bill
with objections The first Of these alternatives was
to suffer The bill, unsigned, to become law ailer the
lapse Of ten days, provided IN the lConsttuhoh-
And what would this be bot an ignominous rereat
from duty instead Of rnznfuy and boldly meeting the
responsibility OF his high station With all respect
for the honorable and distinguished Senator VIII say
that he himself the last the very last man 70 pfac
tice what he breaches. Let him point US to single
circumstance in his own glorious example which
would sanction any thing like skulking from duty.
Never, never. What are the principles on which me
Constitution is founded7 Is not the Executive De-
panment CO. ordinate with the legislative, and intend
ed to check when requires, an improper eh-
ercise Of the legislative authority The Constitution
supposes that such exercise OF the Legislative pow
or may sometimes happen. Il takes it for granted that
Congress may in an unguaTded moment, invade tne
rght Of the States commit other violations OF the
instrument which defines its powers. Hence places
in the hand Of the President the veto power, that he
may stand the breach, and IN the language o. ms
official OATH defend and preserve and protect the Con
stitution am proud to say for the President that
such alternative letting the bill become law ny
the lapse Of the ten days however il may have pre-
scented itself to the Imagination Of the honorable Sen
ator, once entered the mind OF the President
trust a native of that proud old Com
monweallh, which claims the Senator fom Kentucky
himself oneof the noblest Of her sons fly TO such
refuge.
But the Senator refers US to another alternative
within the power Of the President, the resgna-
ton Of his office and he adyeIts to example IN
the Presidents history, where he once resigned
bis this body rather than obey instructions by
giving vote which he deemed to be violation Of the
Constitution. ask, in what circumstances did MIR.
Tyler stand at that time The Legislature Of Vir-
GINA which gave the instructions, we're, under the
Constitution the conslituents Of the Senator be IS
responsible 10 them, and according to the universally
received doctrine in Virginia, he was bound to obey
resign. But ask, does the Congress OF the Uni.
ted States stand in that relation 10 the President Is
the President Of the United States the representative
Of Congress He derives his authority from the
eregn people and the States, just do the members
Of either House Of Congress They both repre-
sentatises alike of the people Of the United States
Will the Senator say that the Executive is TO be sub.
servsnt to the Legislative Department of Govern
ment1 We have heard much Of Executive dictation,
however little we have Of H. since the naugura-
ton Of the present Chief Magistrate yet If the doc
trine Of the Senator from Kentucky is prevail there
will spring up standing legislative dicta,ion and su
premacy No, sill no. The President never was
meant 10 be the tool Of Legislative will.
[Mr. Clay here in,erposed. / am very the ho
nofable Senator cannot intend TO present erroneous
statement Of my remarks; ye, he is under great mis-
v.aftk npn III ,l.x
ought TO resign said that there were before him
two other alternatives besides the veto / said that
when his constituency in Virginia required him to
give vote which was IN his view incompatible with
the Constitution, sooner than comply with such re-
QUESTION be resigned his that his consliu-
ency the people Of the United States and he had
good evidence that il their opinion he ought to
sign such BILL and he could not do il then, if he
resigned rather than dsobey the people Of State
he ought upon his own principle, yet readily, to
resign rather than dlsobey the people Of twenty-six
States
Mr. RIyE,. The argument Of the Senator, as he
puts IT, begs The question In the case Of the LIE
g,salure of Virginia and Mr.. Tyler, Senator, the
instructions came from the true constituent body-the
Legislature of the State. But where are the instruc
tons IN this case, from the constituents Of the Presi
dentl Will the Senator tell me that the two Houses
OF Congress are the constituents OF the President to
whom he is responsible
[Mr. Clay. No no; certainly not
Well then, if the Presidents constituents are the
whole People Of the United States to make case
analogous TO the instructions of State Legislature to
Senator chosen by them, the instructions to the Pre-
sldent must come from the original source Of power
(he People by whom he is chosen and not from the
Representatives Of that power in Congress. Con-
gress may enormously represent the wishes of the
People The People themselves, and they alone are
the constituents of the President. When Mr. Madi-
son, in 1915, vetoed bank bill which had passed
Congress by vote of three to one he to consider
himself as instructed by the Representatives Of the
People in Congress, and, il he could not comply with
HEN wi w he houn II.