The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-08-26

coneaHAns ema ~ Mhath t1sy h~t1 hxen n1s-
ls.ssa ~ the sssquWs<si slirsssssa ~ iss
siil Il iks Peopie.''
The siess &C Mr. MsdisOn were pm
senied, a lehgih, IN leiisr 70 Mr. Lager,
soil, Of Pennsylvania, in 1891. containing
his reasons Cor the approval Of ihe charter
Of 1916. ! mus, conieai myself yilh .
single extract:
The sel.r be observed. !. odeinslly eaasb-
iisAing ihs b&ak. had aaderasns smpls discns-
slsns "a iis pssfses through the several
brshebex oftke Gsternmeat. It hadhsenesr-
fied into eKeeafioa thrsagAssi a peried &c
swenly yezrs. sish snausl lexislasss rscoxni.
lions; IN oae fansncs, indeed, wiah positive
rsmiirsilon Of q inis . new stale. ssd Nth
abe entire seeniesosaee uf al the iersl sufho-
rites. az well as the nsiiea az large 10 al Of
which may be added decreasing prospect Of
any change IL the public opiniom adverse 10
the caastitsiiooality 81 such an infiilulisn. A
veto from the Executive. under these eiream-
stances, with IN admission Of The expectancy
and almos; necessity Of the measure, w.uil
have been defiance ef al the obise aiiaus de-
rived from course Of preeedenis amounting
10 The requisite evidence Of ihe national isdE.
meni and inieniIon."
The Senator from Pennsylvania, with
commendable candor, acknowledged that
.no man holds in higher estimation Than
he does the memory ol Chief Justice Mar
shall" The opinion Of that illusirious
ljurist is, therefore, entitled 10 his respect.
In the decision Of the case Of McCulloch
against the State Of afaryland-ade eisish
which viii " stand the test Of human scru-
tiny, oftalenis, and Of lime .-he thus ex-
pressed himself:
The first question made IN the csnse IL.
have Congress the power 70 incorporate bankf
IL has been truly said that THE can scarcely be
considered an open question, entirely nnpfeia-
diced by the former opinions Of the nation &c.
speelng 10. The principle nan coatesIed was :
lniFoduced al very early period az or hislo-
~. has been recognized BY many successive
Legislatures. and has been acted upon by he
judicial department, ia cases Of peculiar deli.
caey, as a Law Of undecided oblie s,iun."
!" II will not be denied that bold and dar.-
, ing usurpation might be resisted after al &C.
/ quiescence still longer and more complete
than this Bot II is conceived that q doubtful
quesiion-one on whieh hxmsn reason may
pause, and the human Judgment be suspended
--in the decision OF which the great principles
OF liberty are not concerned, but the respes.
tive powers Of those who are equally the re-
representatives. Of the people are To be adjusted,
It not put at rest, BY the practice Of The gov
eminent, ought 10 receive considerable i'm.
pressiop rom that pfsciiee. An exposition Of
The constitution. deliberately established BY
4 legislative acts on the faith Of which an i'm.
ii mense pruterfy has been ady6n,ed. ought nct
% be lightly disrceafded."
! But whatever may be the respect Of
the honorable gentleman from pennsylya-
mia for the memory Of the late Chief JUS
tice Of the United States, am abou, to
refer to one whose opinions upon This
/. subject win, fatter myself, have great
! weight with him--they are the opinions
of President Jackson. On more occa-
sions than one that distinguished indivi-
dual felt himself sustained, in the exercise
of some of the strongest measures of his
administration, BY legislative precedents
by the examples. Of his predecessors,
and by the practice of the government.
Sir, that highest and most dangerous Of
all powers Of this government--the exec
utive power Of removal from office--I do
not say for opinions sake, but for any
cause-where did President Jackson de-
rive it, From the enumerated powers Of
the constitution. Nor, sir, not at all; the
constitution no where bestows il. 1t is
then a constructive power, and is to be
maintained, if maintained at all, by reason
and argument. Well, sir, when Presi-
dent Jackson discharged Mr.. Duane for
his disobedience Of an executive command
to remove the deposites of the Govern
ment from the Bank Of the United States,
how did he acquit himself before Con-
gress and the nation for the exercise of a
power so violent, as under the circum-
stances, that was admitted to have been!
By an appeal to the express terms of the
constitution No; but 81 by the contem-
poraneous construction of that instrument,
and the uniform practice under it" The
power Of removal" he said in his protest
against the proceedings of the Senate IN
1884, "was topic of solemn debate in
the Congress of 1889, while organizing
the administrative departments Of the Co
vernmen;; aud il was finally decided that
the Presiden: derived from the constru-
lion the power Of removal so far as it re-
CARDS that department for whose acts he
is responsible" "Here, then,n he adj
ded, ave have the concurrent authority
Of President Washington. of the Senate
and House Of Representatives. numbers
Of whom had taken an active part in the
convention which framed the constitution,
and in the state conventions which adopt
ed it, that the President derived an unqus-
lifted power of removal from that insur-
ment itself.
Congress decided that the powerexist-
ed under the constitution; and 8 the act
as il passed." said President jackson,
g has always been considered as full ex-
preston Of the sense of the Legislature
on this important part Of the American
constitution"
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