The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-02-10
CHARLOTTE N. G. FEBRUARY no. 1872

PFtStllc 10 u5ltnu ilscll dBalttet Att Sn
cIoachmeu:s OF Legislative domination anc
dlcialion.
4 Now, let any man look 8, the actual
working Of the machine they constructed
and see whether The aniicipa;ions which
hunted their mind on this subject had been
realized or faslied by the subsequent
political history Of this Government. Let
hun see whether the Executive Department
was the weak spot in the system. Much
had been SAID about the Entertainments o!
the Federal Government on the Govern.
men;s Of the States, from which complaints
had arisen what was called the States rights
party and It's opposite; but an examination
of the facts oil the case would demonstrate
that 10 solitary instance had yet occurred
Of any such eucroachment by the General
Government but, Oh the contrary, Mr. &.
could demonstrate, were this the proper
time or occasion for doing so, that there
had been 40 abandonment by that Govern
qeat Of the exercise of lis o@D llsl powers
IN relation TO the States, and this TO such
40 extent 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 inbecllity.
Bat while there had been &c such thing
IN practice as an encroaehment by the
Federal upon The State Governments, there
had, within toe Federal Government, itself,
been constant epcroachmenl by the TX
ecu.ivc upon the legislative Department.
First, i, attacked the treaty making pow.
er. None could now read The language OF
tho Constitution without al once coming to
the cancellation that tie intention OF tie au
thors Of that instrument was that the Sen.
ate should be consulted by the President
not merely in the ratification but 10 the
inception Of all treaties that in the CON.
meacemcni Of the negotiations, the instruc.
tons Of the ministers appointed 10 treat, toe
character aud provisions OF the treaty, tbs
Senate should be consulted, and should frs
!. yield its assent. And such had, in fact
been the Interpretation put upon the treaty
making power in the FIRST and puEest yeas
Of our Government. Every cue must re
collect the early history Of the exercise 0
the power, and tie high sanction for suct
usage. The frat President had been wou
10 come to the Senate, there 10 propose
foreign mission, and TO consult with bi
constitutional advisers, the members Of IN
Senale, on the instructions TO be given {
tue ministers who should lie sent. But thl
practice had since been abandoned. TIL
President now, without q werd OF coBsulta
: ton with the Senate, on his own mere pei
sonaI sense of proprieiy, concluded treat,
and promised TO the foreign Power IFS rail
fication and then, after all this had beer
cone, and the terms of The treaty agreed
upon, lie for the first time submitted
it 10 the Senate for ratification. Now
every one must see that there was great
difference between rejecting what had been
already actually done, and refusing to do
that thing if asked beforehand. An must
feel that they often gave their official assent
10 what they never would have sanctioned
but for the consideration that the treaty
vas already concluded and iha, the faith o.
the nation was IN some sort pledged for lis
ratification. Another consequence Of this
Executive enoroauhment was one from
which foreign Powers often experienced
great inoouvanience-he meant the amend
ments Of treaties by the Senate after they
were al length submitted So great had
the Inconvenience from this source been,
that IN more recent treaties 1t had Gene 10
TO the practice to insert 10 tho body Of the
treaty itself provision agatns, al! aliera,
ton, so thai II uust be ratified in It's exist
ing form or not ratified at all.
The next Executive eucroachment he
should notice was that which occurred in
the dismissal from Office Of persons appoint
ed by and with the consent Of the Senate.
The eject Ct this practice was virtually 10
destroy oil agency aud cooperation of the
Senate in such appointments. Of what
avail was it that the Senate should to-day
solsmnly ra,ily aud confirm the appointment;
Of an individual 10 an office under the Go.
vernment, when the President could to-
morrow reverse the effect Of their oct by
his mere breath 3! Every one knew that
the power Of removal had been grossly
perverted. In the early days of the Con.
stitution i; had been maintained that that
power could be exercised only in case OF
malleasauco or misleasance in office, and
that the President who should dare to EN-.
ploy IT for any other end would suhjec,
himself to impeachment. But our history
and experience has gone TO show that this
liability TO impeachment was mere scare.
crow, and that it could never have any
practical effect in popular Government
constituted as ours was, and in q country
politically divided as ours was ever like &c
be. By the free exercise of this power O.
removal the Senate had lost its practca
influence on the whole subject of appoint
meut TO office. Instance after instance
had occurred when an individual haC
been dismissed by the Executive when
the Senate would gladly have replaced IL
office, but whom they were unable to retain
there, and were therefore compelled to sane.
ton the nomination of successor. The
op,ral yacnlt If sinh n state of thinuS WAS,