Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-02-14

Instance after instance had occurred where an in
dvidual had been dismissed by the Executive
whom the Senate would gladly have replaced in
Office, but whom they were unable to retain there,
and were therefore compelled 10 sanction the
nomination Of successor. The actual result OF
such state of things was, he repeated It, thatthe
CO operation of the Senate with the President in
the matter OF appointments had been almost com
pleely nullliied for yours past. Indeed, so per-
fectly was THE understood, that, when the Senate
were deiberatlng with closed doors on Executive
nominations Mr.. G. frequently walked out Of the
Chamber. Delibcraiion in such was one OF
the ldest things in the world, because every one
knew that all resistance must be unavaiIing. Aud,
even should the objections against the nominee be
so gross and undeninble that resistance TO his APP
pointment Should succeed, they might generally
calculate on another nomination not lnore to the
taste of the Senate aud when ut length The Office
was filed, the tenure OF the incumbent not on
the Joint will OF the President and Senate acting
together, but upon The single will, upon the mere
arbitrary breath, of one man.
Mr.. &. said that it not his purpose to go IN
10 all the details Of these encroachments by the
Executive upon the constitutional powers and
prerogntives of single Legislative branch of the
Government. lie would now pass TO its attacks
on the powers of tho Congress of the United
States.
And the first instance OF this TO which he should
refer was the creation Of officers and the desgnu-
gress or any consultation with ii. Another and
more formidable instance was TO be found in the
assumption within the last few years of the purse
of lhe nation. He alluded as every body must
understand, to the seizure by late Executive OF
the public deposites placed by law in the Bank OF
the United States-a removal which had been eff
fected under the ayowed claim of power to en-
poy the prerogatiye of removal as means to
compel subordinate executive officers 10 comply
with the will OF the President, on the principle
that the Executive WINS unit, and that single
will must control The entire Executive Depart
ment This seizure of the public deposltes had
yet been upproylded against; the Congressional
power 10 control them had been unresumed, and
thus state OF things was permitted TO continue
by which the mutton was virtually placed at the
feet of the Executive.
Let not gentlemen mock him by talking about
the impossbility of the Presidents drawing mo-
ney out of the Treasury except under an uppro-
priation by Congress; let them not tell him Of
The responsibility of public officers; let them look
nj facts; let them look at what actually occurred
on the removal of two or three Secretaries of the
Treasury, in order to accomplish this very seizure
OF the public treasure and then let them look at
the dismissal of countless host OF subordinate
officers because they did not happen 10 hold the
same political opinions that were held by the Pres
ident. OF what avail were laws? The Presi-
dent had nothing to do but say to his Secretary,
issue your warrant for such a sum of money and
direct the Register and Comptroller TO sign it, and
| If they should talk about regard for their oatls
and boggle at obeying, tell them to do what
command them, and if not, will find men who
will And he would here say to all those who
| protested 10 be DESTROYS Of guarding against such
abuses of trust, that unless were done by an a.
mendment of The Constitution or by revival and
resumption Of the power already possessed by
Congress under the Constitutions they never could
effect their purpose. All efforts, all devices all
guards, all guarantees, all attempts of whatever
kind, TO separate the purse rom the sword would
! prove IN practice utterly vain and inetleciual-
There was third instance of this encroachlnent
which he was authorized by facts to state, but on
which he should not at this time dwell. Not
ly had the purse of the nation been seized not
only did it still remain in the hands of the Presi-
dent, but the nation had seen armies raised by
Executive mandate, not only without authority or
shadow OF authority of law, but, as in the case of
the Florida volunteers after law had been ask
| ell for and positively refused Other instances
might be cited III which a military force had been
raised without the sanction of Congress.
Without therefore, going any further, Mr. G.
SAID that he thought careful review of the oper
atoms of this Government down to the present
hour, would fully demonstrate that while il had
made no encroachment on the States, there had
been constant encronchmeni by the Executive
on the Legislative authority.
And was not this in the nature Of things? The
Executive branch of tho Government was eler-
haliy IN action il was everawake; il never slept
Its action was continuous and unceasng, like the
lides OF some mighty river which continued flow
ing and flowing on swelling and deepening and
widening in its onward progress, till it swept a
way every impeachment and broke down and re-
moved every irai obstacle which might be set up
to impede its course. Let gentlemen look at all
history, and they would find that it had been ever
SO. The legislative branch of Government met
only periodically; its powerlay IN assembling and
a.
peared; it was dissipaed, gone ; but there stood
the President at the head Of The Executive depart
ment, ever ready to enforce the law and to seize
upon every advantage which presented itself for
the extension and augmentation of its power.
And now lie would, upon principle, examine for
a few moments the motives which might be sup
posed to have actuated the members OF the Con-
vention in comforting upon the Executive this We
TO power. Let us throw ourselves back 10 the pc
riod in which they lived and acted, md then ins-
tute comparison between the expectations in
which they had INDUCED aud the actual facts as
they had since occurred.
On principle, certainly, the Executive ought to
have no agency in the formation OF laws. Laws
were the will of the nation aulhoratively express
sed. The carrying of those laws into effect, was
the duty which ou2h to be assigned TO the Exec
utive and this ought be his sole duty, for it was
an axiom in all free governments, that the three
great departments, legislative executive, and Judi
And government was the most perfect when
most in conformity with this fundamental prjnci-
pie. To give, then, to the Executive any agency
in The ascerainment and expression of the wIll Of
the nation, was far a violation ofths great lead
ing principle. But it was said that the trainers of
our Constitution had nevertheless been induced to
place the veto upon the list of Executive powers
by two considerations the first n desire TO
protect the Executive against the power OF the
legislative branch, aud the other was prudent
wish to guard the country against the injurious
effects of crude and has,y legislation. But where
was the necessity TO protect the Executive against
the legislative department? Were not both bound
by their solemn oalhs to support the Constitution?
The Judiciary had 10 veto. If the argument was
a sound one, why was not the same protection ex-
tended TO the Judiciary also? Was there not am.
pie security against the encroachmenls of tho lez
gislatve power in the absence Of the veto First,
there the solemn oath OF office: then there
| a. Of In iubieiarp tbao