Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-03-11
WHOLE No. 574.
amount of power which 1t has granted, or
wns inf ndcd 10 prnnt.

iion To that part OF the instrument which treats
of the legislative branch. Aud not only as
regards The exercise Of powers claimed under
general clause, giving that body the au-
thony 10 pass all laws necessary 10 carry IN
to effect the specified powers, bot IN relation
Ia the latter also. II IS, however, consolai0ry
IN reflect, that most Of the instances Of the
alleged departure from the letter or spirI, Of
the Constitution, have ultimately received
the sanction of majority OF the people
And the fact that many Of our statesmen,
most distinguished for talent and patriolisIn,
have becn al one time or other of their po.
li,ical career, on both sides of each Of the
most warmly disputed questions, forces upon
ns the inference, that the errors, II errors
they were, are attributable TO the intrinsic
difficulty IN many instances, Of asccrioining
the intentions OF the fIsmers Of the Constl-
tuition, rather than the influence of any SIM
ister or unpatroic motive.
But the great danger 10 our institutions
does not appear 10 me tobe in usnrpoiion by
the government Of power not granted by the
people, but by the accumuntlnn ~ one of
the departments Of that which was assigned
to others Limited as are tho powers which
have been granted, still enough have been
granted to constitute n despotlsn, IT conccn-
tro,cd in one of the departments. This dan
ger is greatly heightened, as IL has been
always observable that men are less Jealous
Of cncroachmenis OF one department upon
another. than upon their own reserved rights.
When the Constitution Of The United States
first came from the hands of the Convention
which formed il, many Of the sterncsl Rcpnb.
cans of the day were alarmed at the extent
of the power which had been granted to the
federal government. aud more particularly rf
=. A a..
executive branch.
/. There were IN it features which appeared
not 10 be in harmony with their ideas
of simple representative Democracy or
Republic. And knowing the tendency Of
power to increase itself, particularly when
exercised by single individual, predictions
were mnde that, at no very remote period.
the government would terminate in n virtual
monarchy. 1t would not become me to say
that The fears Of these patriots have been al.
ready realized. But, as ] sincerely believe
that the tendency Of measures, and of mems
opinions, for some years past hns beer IN
that direction, it is, conceive strictly proper,
that ] should take this occasion To repeat the
assurances have hitherto gwen. of my dc.
termination TO arrest the progress of that
tendency, If II really exists, aud restore the
government 10 its pristine health aud vigor,
as far this can be effected by any leglii-
mate exercise OF the power placed III my
hands.
/ proceed 10 state, in as summary manner
. as can, my opinion of the sources OF the
evils which have been so extensively COM
planned of, and Tho corrcctlvcs which may be
applied. Some Of the former are unqncstinn.
ably 10 be found in The defects of the Con-
stltutlon; others, in my judgment, are "'lr-
butable 10 a msconsiructIOn of some of li5
provisions OF the former is the eligibility
of the same individual to a second term OF the
Presidency. The sngacious mind of Mr..
Jefferson early saw and lamrntcd this error,
and attempts have been made, hitherto with
out success, TO apply the omcndntory power
Of the States 10 its correction. As, however,
one mode Of correction is IN the power of
every President, and consequently IN mine,
it would be useless, and perhaps iuvdous,
to cnumeratc the evils of which, IN the opn.
ion of many of our fellow citizens, this error
of The sages who framed the Constitution
may have been The source, aud The butter
fruits which we arc still To gather from a. II
It still continues 10 disfgurc our system
/ 1t may be observed, however, Us general
remark, that Republics can commit no great
er error, than TO adopt or continue any feature
IN their systems of Government which may
be calculated to create or increase the love
I of power, in the bosOms Of those to whom
necessity obligcs them to commit the man
ugcment OF their affairs.
And surely, nothing is more likely 10 pro-
ducc such state of mind than the long con-
tlnuance Of an Office of high trust. Nohng
can be more corrupting. Nothing more
destructive of all those noble feelings which
belong to the character OF devoted repubIi-
can patriot When this cOrruping passion
once takes possession Of the human mind,
like the love of gold, il becomes lnsailablc.-
II is the nevor.dyng worm IN his bosom,
grows with the growth, and strengthens with
the declining years of lis victim. II this be
true, it is the part of VIE dom for n Republic
to limit the service Of that officer at least. 10
whom she has inirusicd the management OF
her foreign relations. the execution OF her
laws. and the command of her armies and
navIes to period so short MS To prevent his
forgetting that he is the accountable agent,
no, the principals; the servant, not the master.
Until MI amendment OF the Constitution can
be effected, public opinion may secure the
desired object. give my aid to II, by re-
newing The pledge heretofore given, that,
under no circum, innces, will ] consent Ia
serve n second term.
But If there Is danger 10 public liberty from
the acknowledged defects oi ;h1 constitution,
in the want of limit To the continuance Of
| Executive power ~ the same hands, there IS,
! apprehend not much less from the mlscon-
! struction Of that instrument, as II regards the
powers actually given. cannot conceive
that, by u fair construction, any or eIther of
its provisions would be found TO constitute
The President part Of the Legislative pow
cr II cannot be claimed from the power 10
recommend, since, although euoncd as
duty upon him, II ~ u privilege which he
holds m common with every other cltzcn.-
And although there may be- something more
OF confidence in the pr"priciy Of tho meas
urcs recommended ~ the one case 'hnn ~
the other, III the obligations of ultimate de-
cision there can BE- 40 difference. ln The
language oi the constitution, "all The legisla-
tive powers" which II grants "are vested ~
the Congress OF The United States" IL
would be solecism in languugr 10 say hat
any portion of these IS rot included IN The
whole.
II may be said, indeed, that the constItu-
,ion has given To the Executive the power 10
annnl the acts Of the legislative body, by re-
Glslng 10 them his assent. So a similar pow
or has. necessarily resulted from that nstrn.