The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-08-16

the Erecuiioe.
House OF REPRESENTATIVES, AUG. 9, 1912.
The question before the House being on the reso-
iutions reported by Mr. Cooper, of Pennsylvania,
from the Committee on Indian Affairs, and the amend
ment thereto, moved by MIR. Everett of Vermont
Mr.. CUSHING said, that he had already discussed,
SO far at least he at present intended or wished 10
do it, the constitutional question Involved IN the reso-
luens and the gentleman from Indiana, Mr. FRONT,
had supplied, in general argument and IN authorities
from practice Of Congress, all that was requisite to
complete view of the subject. lie only desired to
add single further remark upon H. ms was 10
correct misrepresentation which existed IN the
House respecting the nature oil the information pos
sessed by the Secretary of War There had been no
formal investigation ofthe alleged frauds and of course
nothing which deserved the name of report, suit
able to be laid before the House, for its guidance.
All the information, which the Secretary possessed,
consisted merely of loose hints surmises, and hear
say differences, upon which decision might be made
at the Department not whether frauds had been com
mted, but whether there was any such prima facie
evidence of frauds, to justify the Secretary in
dering formal investigation of the matters charged.
The case therefore, was much stronger one against
the proposed resolutions, than it would be- if the in
formation consisted, as gentlemen all along have as
sumed and admitted it does, Of SO much mere
er pate Statements resulting from formal Investigation
Was it not most unreasonable, then, to undertake to
censure the Secretary of War, not that he had re-
fused to transmit these rumors, surmises, and infer
ences in the present crude state of the inquiry but
because he submitted that in his opinion, it would be
.unwse and improper, in this state Of the business to
lay the papers before the House'
But said MIR. c., embrace the present occasion to
say few words more important subject, and
question before the House. 1t is the topic of the Lee
gslative relation between Congress and the Pres-
dent, which my colleague, (Mr. Adams) has seen fiji to
transfer from another debate to this
propose briefly to reply to his speech and to him.
| say to him, for he has chosen to make this, he
does most things he discusses here personal issue.
desire to treat him with all due respect such his
age the stations he has held, and my personal defer
ence for him, require. But | will not forego the
rights Of selfdeence out of Difference for any man,
high or low, be he who he may, in this Republic.
That gentleman possesses great advantages In this
House In virtue OF his age, he arrogaes to himself
the universal license of violating at will the rules of
order, of ndulgng in offensive personalities, of en-
joying mpuny for errors of opinion and of fact,
and of substituting transports of passion for argument.
In the present case, most Of what he said, was
wholly irrelevant to the question before the House;
much of it was merely personal to me and one half
of his speech admitted violation of all order,
in being reply in the House, to remarks made by
me in Committee of the Whole on the Army bill.
Such is his practice here.
ing the bill extending for limited period the pre-
sent revenue laws, was understood to express in
cidentaly the opinion, that the participation of the
President in the enactment of law, act of a
Legislative nature. To this, my colleague replied
the outset at cannot be So for each department
of the Federal Government is separate and distinct
from the other" rejoined to this in the first place,
by analytical examination of the letter and spirit
of the Constitution; and in the second place, by show
ing that the idea of my colleague itself heresy,
conuted by MIR. Madison in five consecu-
tive papers of the Federalst.
How does my colleague meet this; First he shuns
all examination Of the merits of the question the
Constitution he takes care to shut his eyes to these
five papers of the Federast and he intimaes that my
opinion is applicable only to the British Constitution
and then abruptly files off into a discussion of the
Army bill
Is this the way for statesman, or constitutional
lawyer to argue In the first place. by thus running
from the point, he virtually gives up the question.
In the second place. it is not true that my opinion is
derived from, or is exclusively applicable to- the Br
fish Constitution. Whether the participation of the
Executive in the enactment of law be absolute, as
in England, or limited, as here still il is participation
and, SO far as goes IS an element of the fact of le
gislation. Accordingly Madison, in the Federalist,
calls it legislative power Jefferson, in his cores
pondence, speaking of the President and Congress-
styles them "the three branches of the Legislature"
Add to which, the view Of the subject | have pre-
sented, and the very language have used are the
views and language OF the approved commentators on
the Constitution, such Justice Story and Chanccl
lor Kent
My colleague then proceeds to demand, how any
man dare express the opinion which expressed in
debate the Army bill that in view of all the pro-
ceedDgs Of this Congress it seemed if it were its
destiny to break down the esablls lments of the Gov
Sir, dare utter whatever believe TO be
the truth, and which my duty calls on me to say
whether in this House or elsewhere, whether it be
popular or unpopular, for the time being am not
the man to be terrified by dangers, oppressed by
obstacles, nor disheartened by reverses but rather
to gain elasticity and force from the pressure of
deserved opposition. stand upon the Constitution
to defend 1t from the torrent of party passions
which rise up in these troubled times threatening TO
overwhelm it and the Government
MIR. c. was interrupted by the announcement of a
Message from the President, understood to be Mes
sage, returning to the House the bill for the collec-
ton OF the duties on imports, but refused to yield the
floor to have the message read until he had concu-
ded as follows ::
Sir, my colleague has nearly reached the term of
human exstence-he has run the whole Of hon
or in these United States. After attaining the high
est elevation OF power he has descended from it to
re-enter the Halls of Congress- With no future of
possible greatness to lure him on he has dashed into
this arena of the PASSIONS where the public interests
are the football OF party and the stake of ambition
and has chosen the contentious part with the rest of
us here, when the spectacle we too often present. re-
sembes some dance of demons exhibited on the
stage rather than that of reasonable and responsible
men. Are there not enough of us, in the hot-bood
of life, to iname the public councils to agiate the
popular mind, and to cxasperate every national evil
Ought he to be, all occasions, waving the torch of
the furIes in his trembling hand' Ought his feeble
voice to be- on all occasions, passionatey sounding the
note of discord? would, whilst he remains here if
il possible, that he the discreet guide the
calm counsellor, the impartial judge the aiectonate
father of ALL that he would lift himself out of the
element of bad passion, for which he has such a
morbid taste; and instead of punging into idle con-
tenuon on every trivial point, that he would raise
himself above all this, and from some height of dig
nifty look down to watch over US like a benefcent
Providence that he were, he might have BEEN the
moderator and the arbiter of this House. For WHY
should he choose hatred instead of Iove--fear rather
Than respect-to be wondered at, never admired