The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-26

the adoption OF this principle of our Constructor.
ano compare me production OF theory with the prae-
| ucdi fesilts OF experience. Any one who was ac-
qualnted with the cotemporaneous history of the
formation OF the constitution of the United States.
would discover that there great radical error
| shown by experience There was then an annrehen
sion that the Executive department of government
as II was proposed TO constitute il, was too feeble
too weak 10 contend in the struggle with the
Legislative department and hence ia the constitu-
uon there were various propositions 10 strengthen
| the executive arm. One proposition was, that the
Chief Magistrate should be appointed for life; and
there were various other propositions with which
gentlemen were doubtless familiar but the idea
was the weakness of the executive department and
the mpossbillty of that department conending,
with success, with the popular branch. And now
let them look little to the actual working of ihie
machine which our fathers constructed In Pennsyl-
| vania Let them see the idea realized. Much had
been said, from time TO Time, abont the encroach-
menis OF the General Government upon the States
| Government, and hence the formation OF the
States Rights party but he thought an exami-
| nation OF the proceedings OF the government
| Gown 10 the present time would demonstrate
that there had been no encroachment on the part
OF THIS government on the States governments
Dat II the time and the occasion were suitable, he
could show that though there might not perhaps
nave been entertainments on the part of the States
| on the General Cove rnmenf, there had been an
abandonment of the duty of the General Govern
ment to such an extent, that the actual condition OF
tue government the United aies a, this moment
represented to our minds the idea Of a confeder ICY
win nearly all the weakness and the imbecihty
wnich characterized the time preceding the CEN
federation. There had been no encroach menl then,
put on me contrary an abandonment Of duty by the
General Government; but there had been a constant
| encroachment 6y one department-he Executive
on the Legislative department of the Government.
Inc flrst encroachment was that which regarded the
treaty making power. lie thought il was imp ossibe
for any man TO read that clause of the Constitution
wlthou, coming TO the conclusion that they who
framed that instrument intended that the Senate
should be consulted in the mi iaton of
| that they should he made ." bv and w thsc Oy.-
sent ofthe Senate and that that should be done
respect to the negotiations, the instructions 9ss.S
to our ministers the general character OF the treaties
prior to the conclusion Of the treaties That fair
Interpretation, he thought, of the Constitution, and
il was the opinion and practice OF those who were
first charged with the administration OF the govern
ment The Presldentth then came to the Senate and
proposed the mission, stated its objects, and con-
suited the Senate on the instructions to be given TO
our munster, but on some subsequent occasion the
practice was abandoned, and that which has ever
since prevailed ensued-that is the President with
out consultation with the Senate, on his own espon-
sbiity and his own senselof propreiy, proceeds 10
negotiate treaties promises ratihcaton within
certain time, and then submits II to the Senate
Now they all knew there great d ference be-
tween rejecting it when the thing is done, and
rejecting it before the thing is completely formed
they all felt the necessity of giving their assent 10
treaty to which they would not assent but for tie
fact Of its having been concluded and the faith OF
the nation having been pledged 10 foreign power.
There was another consequence OF the practice OF
Of which foreign powers had felt the
that the proposal Of amendment OF treaties and
hence in some of the later, provision had beenin
serted by foreign powers that treaties shall be rati-
| fed without alteration or amendment. The next
encroachment OF the Executive branch on the Sc
nate Of the United States, was in the exercise
OF the Iower Of dismissal ffom office. The ef-
fleet Of that power, or of that practice on The
pau ofthe Legislature was totally 10 destroy the
agency of the cooperation of the Senate appoint
ments to Office. OF what avail was H. after solemn
consultation, that the Senate confirmed the nomna-
tons tomorrow, the person appointed, was a. the
will Of the Executive. They knew how this power
had been perverted from its original ineniiop: it
| had been con ended.thai the removing poverty the
Executive could only be exercised for maiieasance
| or malpractice. But the Executive was subject 70
| impeachment! And what security was thar No
| impeachment of Chief Magistrate ever wol.d be
successful in this country, divided it s by party.
The Senate then it was seen had lost lis Influence
by the exercise of this power OF dis missa from ONCE
One man was dismissed and another was recomEnen-
ded in his place, and he only need refer every nern
Der OF the Senate to the hume rous instances in
which men were dismissed from office in which the
Senate if it could, would replace them in pc yer,
| but IN WHICH, IN consequence OF the actual prosra-
ton OF their power by Executive action, they were
forced TO submit TO the nomination made, because
they knew that rejection would not BE- fosvsed by
the restoration OF the person removed, and il might
be followed by the nomination Of some on . sill
more Objectionable. The appointing power On the
part OF the Senate then was almost nuled, end he
otter on such occasions went out OF the body be-
cause he desmed it the ides ceremony, knowing
how the offices were filed and that the officers
held their office. not upon the constitutional
| tenure of the President Of the Senate. acting
together, but OF The will and pleasure and upon the
| breath of one man He would now pass 10 the
encroachments which had taken place in the Con
gress of the United States and the fist ,ha, he
would mention was the creation of Offices and the
fixatcn of salaries without the consent or without
| even consulting Congress. There were numerous
Instances at this moment OF persons holding Office
under the Government from year TO year with sala-
ries affixed without Congress having passed at all
| on the subject. But there was another encroach-
| ment more formidable and serious which during
| the last few years had been developed-ihat was
| the assumption OF the purse of the Nation by
| the course OF proceeding pursued under for
mer administrations; he alluded TO the seizure
| OF the Depesltes, and all the consequences OF
| that measure, with which might be enumerated
the right OF the President to conform the opinions
OF the officers Of the Government to his own That
was an assumption which was yet urprovided for
| an assumption for which he should rejoice to see
Congress capable Of furnishing adequate proyi
sion prior TO their adjournment--it was an assum5-
| ton which had placed at the feet of the executive
the head OF the nation. 1t was said 10 be mocktry
TO talk of ths President drawing money from the
Treasury but by an appropriation by law. But tell
hun no, OF the responsibility OF officers Look al he
facts which had occurred and to the principles whah
had been avowed. Look at the removal of two or
hree Secretaries of the Treasury TO accomplish the
bers of officers because they did hold the op n
ions OF the President. Look at that Executive poy
er claimed by the Executive; and Of what avail wre
their laws. The President had 10 do no more IL
had been done before, and to morrow tie Secretary
of the Treasury issues his warrant for any the
President may require and he directs he Register
and Compiroers to couniersign il. Ifthey believe
that they owe duty to their country and that they
are bound by the obligations oflaw and Of their cath
he will tell them Do what command, and il YOU
do not will find persons to execute my will" He,
(Mr. Clay,) saw then no safely or security against
Executive power unless by an amendment OF the
Constitutions; and the revival Of the power be-,
longing 10 Congress which existed in the coz
stitution, they secured those who were acting
under the President and had charge of the Trea-
sury of the United States against the power OF
dismissal; and without that all their attempts TO se-
parste the purse and the sword would be usavail-
ing. He had shown that the pu Sc had been seized
The suhovv of the utitut,op apJ i,,u,e