Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-03-01

on had seen armies raised by Exec t
i've mandate, mot only without auth0.- {
y or shadow Of authority of law but, I
) in the case Of the Florida volunteers
Gter a law had been asked for and
refused. Other instances
night be cited in which military force
nd been raised without the sanction Of
Congress
The President had nothing to do but
say to his Secretary, issue your war
rant for such a sum of money and di-
rect the Register and Comptroller to |
sign it, and if they should talk about a !
regard for their oaths and boggle at
obeying, tell them To do what l com
manI them, and if not, Twill find men
who will. And he would here say to
all those who protested to be DESTROYS
Of guarding against such abuses Of trust
that unless it we've done by an amend
meut ofthe Constitution, or by revl-
val antEesump ton Of the power already
possessed 10y Congress underithe Con
stitution, they never could effect their
purpose. All efforts, all device all
guards all guarantees, all attempts oil
whatever kind; to separate the purse
from the sword, would prove in prac-
lice utterly vain and ineifectual.--
There was third instance of this en-
croachment which he was authorized
by facts to state, but on which he
should not at this time dwell. Not on
Without, therefore, going any fur
Their, Mr.. G. said that he lhoughta care
full review Of the operations of this
Government down to the present hour,
would fully demonstrate that, while II
had made no encroachnent on the
States, there had been a constant en-
croachmcnt by the Executive on the
legislative authority.
And was not this in the nature OF
things? The Executive branch of the
Government was eternally in action; ii
was ever awake; it never slept; its ac-
ton was continuous and unceasing
like the tides of some mighty river
which continued flowing and flowing
on, swelling and deepening and widen
Ing in lis onward progress, till it sweep
away every impeachment and broke
down and removed every lrail obstacle
which might be set up to impede it;
course. Let gentlemen look at all his
tory, aud they would iud that it lac
been ever 50. The legislative Ira lcl
o. Government met only periodically
its power lay in its assembling and &C
ting; the moment it adjourned its pow.
or disappeared; it was dissipated, gone
but there stood the President at th
head Of the Executive Departments v
er ready to enforce the Law and Il
seize upon every advantage whicl
presented itself for the extension an,
augmentation offs power.
And now he would, upon principle
examine for a few moments the mo
lives which might be supposed to hav
actuated the members Of the Conven
ton in comforting upon the Executiv
this veto power. Let us throw Our
selves back to the period in which the
lived aud acted, and then institute
comparison between the expectation
in which they had INDUCED and tn
actual facts as they had since occur
red.
On principle, certainly, the Execu
tive oughtto have no agency in the for
nation Of laws. Laws were the will c
the nation authoritativcly expressed
The carrying of those laws into efIeC
was the duty which ought to be assign
ed to the Executive, and this ought
be his soul duty, for it was an axiol
in all free Governments that the tire
great departments, legislative, excel
tive; and judicial, should ever be keI
separate and distinct.--And a Cover
ment was tie most perfect when mo
in conformity with this fundament
principle. To give, then, to the Elk
culiye any agency in the ascertainme
and expression ofthe will ofthe nalio
was so far a violation OF this great lie
ding principle. But it was said til
the lTamers of our Constitution b;
nevertheless been induced TO pla
the veto upon the list Of Execute
powers by two considerations; the fiji
was desire to protect the Executi
against the power of the legislati
branch, and the other was a prUde
wish to guard the country against t
injurious effects of crude and hasty lie
islatiOn. But where was the necessi
to protect the Executive against {
Legislative department? Were L
both bound by their solemn oaths
support the Constitution? The Jut
clary had no veto. Ii the aTgume
was sound one, why was not {
same projection extended to the Jul
ciary alsoo Was there not ample sec
rity against the encroachments of (
legislative power in the absence of I
veto? First, there was the authority
the judiciary: then there was the
sponsibility ofindividual members
the People, and this responsibility CO
tinually kept up by a frequent appC
TO the People: and lastly, there W
the ultimate conflict Of the Preside