Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-03-20


gushed for talent and patriotism, have been, at
one time or other oil their political career, on both
sides Of each Of the most warmly disputed ques
tons, forces upon us the inference that the errors
If errors there were, are attributable to the in.
trnsic difficulty, in many instances, Of ascertain
! ing the intentions OF the trainers Of the consttu.
ton, rather than the influence Of any sinister or
unpatriotic motive But the great danger to our
institutions does not appear 10 mo to be in usur
patton by the government Of Power not granted
by the people, but by the accumulation in one oil
the departmants, Of that which was assigned TO
Others Limited as are the powers which have
been granted, still enough have been granted TO
constitute despotism, If concentrated in one Of
the departments. This danger is greatly height.
ened, as it has been always observable that men
are less jealous Of encroachments Of one depart.
mcnt upon another, than upon their own reserved
rights. When the Constitution OF the United
States first came from the hands Of the Conven.
ton which formed it, many Of the sternest Re.
puhlicans Of the day were alarmed at the extent
Of the power granted TO the federal government,
and more particularly Of that portion which had
been assigned to the executive branch. There
were in It features which appeared not to be in
harmony with their ideas Of simple representa-
/ tive Democracy, or Republic And knowing the
tendency OF power 10 increase itself particularly
when exercised by single individual, predictions
were made that, at very remote period, the gov.
eminent would terminate in virtual monarchy
1t would not become me TO say that the fears Of
these patriots have been already realized But,
as | sincerely believe hat the tendency Of meas
ures, and OF mems opinions, for some years past,
has been in that direction. it is, conceive strict
| " proper, that should take this occasion TO re.
peat the assurances have heretofore given, OF
my determination TO arrest the progress Of that
tendency, If it really exists, and restore the gov
eminent to its pristine health and vigor, as far as
this can be effected by any legitimate exercise OF
the power placed in my hands,
| proceed 10 state. in MS summary manner as
ran, my opinion Of the sources Of the evils which
! hove been 50 extensively complained Of and the
corrcctives which may he applied. Some of the
! former are unqncstionably to he found in the de-
fectS Of the Constitution: others, in my Judgment,
ara attributable to miSconsirnciion Of some of It's
provisions. OF the former. is the eligibility Of the
same individual to second term Of the Presiden-
cy. The Sagacious mind of Mr. Jefferson early
saw and I1mented this error. and attempts have
been made, hitherto without success, to apply the
amendNtory power Of the States 10 its correction AS
however, one mode of correction Is in the power of
every President. and consequently in mine, l. would
be useless and perhaps nvidious. to enumerate the
evils OF which, in the opinion Of many OF our fel
4 Iow-ctiznns this error Of the saCes who framed
the Constitution may have been the source, and the
bitter fruits which NC still to gather from 1t.
II 1t continues 10 diSfignre our system 1t may be
observed, however, q general remark, that Re-
pubcs can commit no greater error than 10 adopt
or continue any feature in their systems of Gov
eminent which may be calculated to create or in
crease the love Of power. in the boSOmS of those to
whom necessity obliges them to commit the man
agenpnt of ticir affairs And, surely, nothing is
more likely to produce such state Of mind than
the long continuance of an Office of high trust
| Nothing can be more c0rrupting. Nothing more
destructive Of all those noble feelings which belong
to the character of devo;ed republican patriot
When this C0rrupting passion takes possession Of
the human mind, like the love Of gold it becomes
Unsuitable. Il is the ncvcr-dying worm in his bo-
! som. grows with his growth. and strengthens with
the declining years Of its victim IF this is true,
/ it is the part of wisdom for Republic to limit the
service of that officer. at least. 10 whom she ia
entrusted the management Of her foreign relations
the execution Of her laws, ana the command Of her
armies and nayies. to period so short as TO pre-.
vent his forgetting that he i the accountable agent
not the principal, the servant, not the master. I'm
I'll an amendment of the Constitution can he pliic-
ted public opinion may secure The desired object.
7 give AID to it; by renewing the pledge hereto
fore given, that, under no circumstances, will |
Z
| But Il there Is danger to public liberty from the
acknowledged defects Of the constitution, in the
want or limit to The continuance of the Executive
mower in the same hands, there is, | aporoheni not
much less from InSConStructIOn of that iiS-tru-
n cnt. ms it regards tho powers actually given.
cannot conceive that. by fair construction, anv or
either Of its provisions would he found to cOnsti-
! tute the President part of the Legislative power.
! It cannot be claimed from the power to recommend,
since although enjoncd duty upon him, i. is q
privilege which lie holds in common with every
other citizen. Ard although there NAV he some
thing more o. confidence in the proprety Of the
tho Other in the obligations of ultimate decision
there can be no difference. In The language nf the
Constitution. "all the legislative pnwerS" which il
grant, care vested in the Congress Of the United
States" Il would be a solrcism in language to
say that any portion ~ these is rot included in tho
whole
Ii nay Le said, indeed, That the Cuastitntion has
given 70 the Executive the power to aunI the acts
Of the Legislative body, by refusing TO them his
sent SO similar power has necessarily resulted
FROM that instrument to the Judiciary, and yet the
| Judiciary forms no part o! the Legislature. There
is 1t true, this difference between these grants of
! power; tie Executive can put his negative upon
the acts Of tn Legislature, for other causes than
/ that Of want Of conformity to the Constitution,
whilst the judiciary can only declare void those
! which violate that instrument. BIT the decision
of the Judiciary is Gl. in such a case whereas in
every instance where The veto of the EXeCu-
/ tive is applied it may be- overcome by vote of
twO-thirds Of both Houses Of Congress. The neg
alive upon the acts Of the Legislative, by the En-
ecutye authority, and that in the hands Of one in.
digidual, would seem to be m incungruity in our
system Like some others Of similar character
hDWevnr il appears TO be highly eXDedient, and if