The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1842-02-10

ia lfes NOT nniy ~ the Genersl Consii
tuition olIhe Federal Government, buI al
50 N the Constitutions Of PARTON af the
SAT-. Fully years had nou elapsed since
ihe Federal Constitution wzs l,rnsd.
and = ~as no derneslinn from he wis.
dam and p1ifs0 ism &c the venerable men
~ho lr.mrd a. nov 10 say Thai the work
Of their hands. though a. prrferl - ever
hsd Proes eded lrnm human hands. as not
absolItely SO; because that Vas what no
thing that srfane from man had ever BEEN.
b, nov. after abe lapse Of hslf eenIu-
~, Il WAS interesting 20 psuse-so I.,ok
bark-io review the history AZ hat PERI
cd. and 20 ronpsre The predictions af those
who then 10 .ked inla the future wi,h the
ae'usl result. Of subsequent experience.
Any oae = all arqnainied ~i,h The con-
FmPnranenns hislury OF the Constitution
must know that one great and radical er
ror which possessed the miads IL lie wise
men WIN drew up that instrument was
an apprehension that the Ex. euti,e De-
parImenl Of The then proposed Govern
meni would b. too feeble 20 contend sue
cessfsliy n struggle with The power OF
the Legislature: hence il was found hat
various expedtnls had been proposed in
the Convention. with The avnued pur-
pose OF strengthening The Executive arm;
one Of which went 50 Ear as u propose
that The President should be Chef Ma
gisiraie for lie. All these proposals had
their origin in The one-prevailing idea
thar &c The we ,kness Of tie Executive,
and iis Incompetence 10 defend itself
agpinsI the enernachmenls Of Legislative
domination aud dieIl,ion.
Nav LEI any man look al lie aciu Il
Gorkingof,he msnrhine they constructed.
and see whether the anlicipa,inns which
haunted iheu mind on this subject had
been rea'izsd or f,lsl6ed By The subse
quent political history Of this Govern
ment. Lei him see whether the Execu.
i've Department was the weak spot in
The System. Much had been said shout
The encrnschmenls IL the Federal Gov.
eminent on The Governments of the
States, frsm which complaints had arisen
aha, was called The S,sles-iiahl. parry
and is opposite; but an examination oi
the facts Of the case would demonstrate
that M solitary instance had vel Decor
red ri any such encruachment by the
General Government; but. on The contra
~. Mr.. Z could demonstrate, we're this
The proper time or occasion for doing so,
that there had been an abandonment by
that Government OF The exercise -ol lis
own Jus, powers 10 relation 10 the States,
and tLis 60 such an exlent that the existing
state Of The country presented very much
the same aspect as the old Confederation
had once done. with all lis weakness and
imbeclliiy.
But while there had been no such thing
in practice a. an encroarhment by The
Federal upon the State governments, there
had, within The Federal Government il.
self, been a coHsisn, encroachmpnl BY the
ExecuIise upon the Legislative Depart
ment.
FIRST, /, attacked the merchandising
power. None could now read the lan-
guagc of The Constitution without al once
coming 10 the conclusion that the inien-
iion Of the authors Of tia, instrument W as
that the Senate should be consulted by
the President not merely in The ralifica
ton but 10 the inception Of all treaties:
that in the commencement Of the negotia-
lions. the instructions OF the ministers sp-
pointed To treat. the character and provi-
sions Of The treaty, the Senate should be
consulted. and should first = ield lis assent.
Aud such had. in fact, been The in.erpre-
talion put upon The MATCHMAKING power
in The first and pures, years OF our Co
vernment. Every one must recollect the
early history OF The exercise OF the power,
and the high sanction for such usage.
The first President had been wont TO come
10 the Senate. there TO propose a foreign
mission, aud 10 consult with his constitu
linnal advisers. the members of the Senate,
an the instructions 10 be given to The mi
aisler who should be sent. But this prsc-
lice hal since been Abandoned. The Presi-
dent now, without word oC consultation
with the Senate, on his own mere personal
sense Of proprie,y, concluded treaty and
promised u the foreign Power its rstfi-
cation; aud then, aler all this had been
done, and the terms Of the treaty agreed
upon. he for the first time submitted it TO
The Senate Tor ratification. Nav every
one must see that there was aereat differ
ence between rejecting wha, had been al
ready acluslly done, and refusing to do
that thing il asked beforehand. All must
feel that they oftea give their official as.
sent to what they never would have sane
toned but for the consideration tina, the
treaty was already concluded, and tina,
the lAl,h Of the nation was in some SORT
pledged for Its ratification. Another con-
sequence of this Executive encrosch,penl
was one from which foreign Powers Of
ten experienced great inconvenieace--he
meant tie amendments Of treaties by the
Senate alter they we're al length submitted.
Sn grea, had the inconvenience from this
source been, that in more recent treaties
I a, H.. he al -,