The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-08-16
REMARKS OF MR.. CUSHING,
On the relative powers of the House and 81
the ErecutiUe.
OF MASSACHUSETTS,
House OF REPRESENTATIVES, AUG. 9, 1912.

HOUSE OF REPRESENTATIVES,, hoo. % 1910
The question before the House being on the reso-
Iutons reported by Mr.. Cooper, of Pennsylvania,
from the Committee on Indian Affairs and the amend
ment thereto, moved by Mr.. Everett, of Vermont
Mr. CUSHING said, that he had already discussed,
far at least as he at present intended or wished to
do it, the constitutional question Involved in the reso-
lutions; and the gentleman from Indiana Mr.. Profit
had supplied, in general argument and in authorities
from practice of Congress, all that requisite to a
complete view of the subject. He only desired to
add single further remark upon it, This was to
correct misrepresentation which existed in the
House respecting the nature Of 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 inferences upon which decision might be made
at the Department not whether frauds had been COM
mitted but whether there any such prma face
evidence of frauds to justify the Secretary in
dering formal investigation of the matters charged.
The case, therefore, much stronger one against
the proposed resolutions, than it would be, if the in
formation consisted, gentlemen all along have as
sumed and admitted it does, of epen SO much as mere
parte Statements resulting from formal Investigate
Was it not most unreasonable, them to undertake to
censure the Secretary of War, not that he had re-
fused to transmit these rumors surmses and infer
ences in the present crude state of the inquiry but
because he submitted, that, in his opinion it would be
unwise and improper in this state Of the business
lay the papers before the House'
But, said Mr. c., | embrace the present occasion to
say few words on more important subject, and
one Of more permanent consequence than the precise
question before the House. 1t is the topic of the Lee
gisative relation between Congress and the Presi-
dent which my colleague, Mr. Adams) has seen fit to
transfer from another debate to this.
/ DrODOSe briefly To reny tn his Snaech and tn 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 as his
age, the stations he has held, and my personal defer
ence for him, require. But l 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 arrogates to himself
the universal license of violating will the rules of
order, of induging in offensive personalities of en-
Joymg IMMUNITY 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 was 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.
In discussing the Message of the President return
ing the bill extending for limited period the pre-
sent revenue laws, was understood to express in
President ia the enactment of law was an act of
legislative nature. To this, my colleague replied,
in the outset cit 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 an 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
deliberately confuted by Mr. Madison in five consecu-
tive papers of the Federalist.
How does my colleague meet this? First, he shuns
Ill A. IL
Constitution he takes to shut his eyes to these
five papers of the Federalis and he ntmates that my
opinion is applicable only to the British Constitution
and then abruptly files off into discussion of the
Army bill.
Is this the way for statesman, or a 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 exclusively applicable to- the Bri
fish Constitution Whether the participation Of the
Executive in the enactment of law be absolute, as
In England or limited, here still it is participation,
and far it goes, is element of the fact of e-
gslation. 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-
eontcd, and tho worry language have used are the
views and language of the approved commentators on
the Constitution such Justice Story and Chancel-
lor Kent.
man dare express the opinion which / expressed in
debate the Army BILL that in view of all the pro-
ceedngs of this Congress it seemed as if it it,
destiny to break down the establishments Of the Gov
eminent. 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 mol
the to be terrified by dangers, oppressed b,
obstacles, dishearened by reverses but rather
to gain elasticity and force from the pressure of un
voI / cfo md tho ;t,,+.,>,
to defend 1t from the torrent of party passions
which rise up in these troubled times threatening to
overwhelm it and the Government.
Mr.. c. was interrupted by the announcement of q
Message from the President, understood to be Mes
sage, returning to the House the bill for the collec-
ton of the duties imports, but refused 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 race of hon.
or in these United States After attaining the high
est elevation of power he has descended from it
re-enter the Halls of Congress. With no future Of
possible greatness to lure him on he has dashed into
this of the passions where the public interests
the football of party and the stake of ambition
and has chosen the contentious part with the rest OF
here, when the spectacle 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 hotblood
of life to ndame the public councils, to agitate the
popular mind, and TO exasperae every national evil
Ought he to be, all occasions waving the torch
the furies in his trembling hand' Ought his feeble
voice to be- all occasions, passionatey sounding the
note of discord? l would, whilst he remains here il
it were possible, that he the discreet guide, the
calm counsellor, the impartial judge, the afectonate
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-
tention on every trivial point, that he would raise
himself above all this and from height of dig
nifty look down to watch over us like benefcent
Providence that he were, as he might have been the
moderator and the arbiter of this House. For, why
should he choose hatred instead of loveear rather
than respect,-to be wondered at, never admired
would that, when he reres from the storms of life
the generation of his countrymen might follow