Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-09-16

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the Report Of the Secretary of the Treasury
And did not the honorable Senator himself ca
upon that officer for the details oil q plan whic
shotid be FREQ from CONSTITUTIONAL difficulties =
ana was tt not understood that the plan submit
ted In answer to that call contained the uhinaofu,
OF the President, after full consultation wit
his Official advisers! And what was the sine on.
non In that plan Was n net the unqualifie
previous assent Of tho States TO branches With
their limits But the Senator will not, l an
sure, contend that his compromise amendment Is,
caHedl did providefOt an unqualified previous as
sent Of the States.
| The Senator complains of the manner in which
the President has expressed himself IN the ines
| sage. Whatever, in some passages in that paper
may seem to the honorable Senator from Ken.
lucky as harsh, or, at least, too energetic, moth
Ing, am sure, was further from the mind of the
seem wanting inrespect to tits body. or any mem.
| Der OF 1t. lie knows too well the hiph and dir
mined courtesy which should preside over the re-
lations OF the coordinate departments of the
Government to indulge, for moment any feeling
inconsistent with that Of courtesy IL in the
force and earnestness OF his convictions. he has
used Language OF corresponding energy, it must
Dc set down to that account alone, and may plead
some Indulgence from the example of the honor
able Senator, in whose bold and commanding elo-
quence words are wont TO bear the impress of his
own fervid conceptions.
have a few words now TO say az IN the aI,or.
natives which the Senator tells rs the presid,n,
ought 70 nave embraced rather than to have re-
turned this bill with objections. The first of
tnese alternatives was to suffer the BILL unsipn-
ed' 70 become a law after the lapse of ten DAYS,
DIS PROVIDED In the Constitution. And what
would this be but an ignominious retreat from dm-
", Instead OF manfully and boldly meeting the
responsibility of his high station! With all
respect for the honorable and distinguished Sena
ator, will say that he hmselfis the last, the We
ry last man to practice what he breaches. Let
MN point us to single circumstance in his own
GLORIOUS example" which would sanction any
thing like skalking from duty. Never, never.
What are the principles which the Constitu-
ton Is founded! Is not the Executive Department
coordinate with the Legislative, and intended to
chcck, when occasion requires, an Improper exer-
else OF The legislative anthoritya The Constitu-
uon supposes that such an exercise Of the lepis-
ia'iVe power may sometimes happen. Ii takes il
Tor granted that Congress may, In an uno,,arded
moment, invade the rights of the States or COM
INIT other violations of the instrument which de-
fines its powers. Hence it places i'm the hand of
!he PRESIDENT the veto power, that he may stand
IN ,ne preach and IN the Language of his official
oath, defend and preserve and protect the Cons,i
tu1on. am proud to say for the President that
such an alternative as letting the bill become a
law by the lapse of the ten days, however ii NAV
have presented itself to the imagination of the
honorable Senator, never once entered the mind
VIM 'ootoche L tuSt never 10 sec a native OF
that proud old Commonwealth, which claims the
Senator from kentucky hiruseli as one of the no.
But nh. ny to such refuge.
within me pu@ {, TeteEs us TO-
nation of his office; and he adverts to an exam
pie in the Presidents own history where he once
resigned his seatin this body rather than obey in
stractions by giving vote which he deemed to
be in violation of the Constitution. l ask i'm
what circumstances did MIR. Tyler stand at that
nmes The Legislature of Virginia, which gave
the Instructions, were, under the Constitution,
the constituents Of the Senator. He is response
BILE to them, and according TO the universally re-
ceived doctrine in Virginia, he was bound to obey
| or resign, But, ask. does the Congress Of the
United States stand in that relation TO the Presi-
dent! Is the President Of the United States the
representative Of Congress He derives his ar-
| thority from the sovereign People and the States,
| just as do the members of either House of Con-
gress. They are both representative alike of the
| People OF the United States. Will the Senator
say that the Executive is to be subservient to the
Legislative Department of Government We
have heard much of Executive dictation, howev-
er little we have seen of it, since the Inaugural
ton Of the present Chief Magistrate yet il the
doctrine of the Senator from Kentucky is to pre-.
vail, there will spring up a standing Legislative
| dlctation and supremacy. No, sir, no. The
President never was meant to be the mere tool o
Legislative will.
Mr.. Clay here interposed. ] am very sur
inc Hohofdple OeHdtoI cannot lnten0 TO present al
erroneous statement of my remarks; yet he i
under great misrepresentation of them. l d
not say The President ought to resign. ! sal
that there were before him two other alternative
besides the veto. j said that when his constit
uency in Virginia required him TO give vot
which was, in his view, incompatible with tn
} Constitution, sooner than comply with such are
QUESTION, he resigned his seat; that, now, hi
{ constituency We're the People of the Unite
States, and he had good evidence that 1t was thc
opinion he ought to sign such bill, and he coul
not do it, then, il he resigned rather than dist
:! hey the People Of one State, he ought, upon hi
l. own prnciple, yet more readily, to resign rath,
e than dsobey the People of twen,y-six States1
It Mr.. Rves. The argument of the Senator, {
i he now puts it, begs The question, In the case
IS the Legislature Of Virginia and MIR. Tyler, as
\. Senator the instructions came from the true co
y siituent body--the Legislature of the State. b
e. where are the instructions in this case from Il
IL constituents of the President Will the Senat
ne tell me thatthe two Houses of Congress arc Il
no constituents Of the President, to whom he is
is sponsible :!
mir. Clay. No, no; certainly mott
is Well, then, if the Presidents constituents
mt the whole People Of the United States, to ma
to a case analogous to the Instructions Of ST.
mt Legislature to Senator chosen by them, the
lie stuctions TO the President must come from
~, original source of power, (tbe People by VIII
in no is chosen,) and not from the Representa-,
la of that power in Congress. Congress may er
al neously represent the wishes of the people.
OIL. people themselves, and they alone are the cons
his uents of the President. When Mr.. Madison
he 1915, vetoed bank bill which had passed G
,ta press by vote Of three to one, was he TO cons
,eI er himself as instructed by the REPRESENTATIVE