Weekly national intelligencer., 1848-08-05

patron Gen. JACKSON undertook so to derive author-
" 10 himself But even he, then in the zenith of
ms popularity, and who feared nothing in human
shape, being promptly rebuked in Congress for pre-
ferrng this claim to prerogatiye power quailed he
lore the burst OF excited feeling which he had pro-
yoked' and acknowledged his error by special
message TO the Senate, in which he endeayored n.
explain it away
The space allotted to this article does not allow
70 enter again into the particulars of the usurn,-
tons to which we refer, or to re-arpue the const;-
tional question. We relinquish that task the more
readily, since il is now, as our readers NAV have
learnt from the speeches the subject, (publsbed
few days ago. in excellent hands in the House
of the People.
The patience with which Congress, as well 90
the People, have borne with the misdeeds of ~.
administration, Its extravagant pretensons and its
measures, entirely in character with its preensions
furnishes matter for curious speculation. /, affords.
certainly, very pregnant commentary upon the
difference between theory and practice in govern
ment. In the framing Of our own Government and
in the Debates upon it in the State Conventions.
the apprehensions of many of the most eminent
statesmen seem to have been that the Executive
would be the feeblest branch of the Government !.
that the President would be too much controlIed
in the exercise of even his expressly granted
powers BY the Legislative authority that as to his
strictly Executive power he would be mere tool
In the hands of the Senate and that the Executive
would IN fact be constantly liable to encroachment
upon Its authority by both branches of Congress
to protect the President from which the qualified
veto power was specially given to him. Compar-
pairing his powers with those of the British Execu-
tive (the KING the writers and orators of that dav
that our PRESIDENT would hardly have
any power at all, and it was perfectly nonsensicaI
to compare the two Offices together. The Presi-
dent, they said, had no power to create MOBILES. and
no patronage to speak of. The President, thew
urther said was, indeed, to be commander-in-chief
Of the army and navy of the United States that in
hls respect his authority would twas true, be noni
aalty the same with that of the King of Grea, Bri
ain, but in substance much inferior to it, &c, for
hat the power of the British King extended, among
'ther attributes to the making Of war and to the
'alslng and regulating Of fleets and armies" all
which, they argued, by the Constitution would
lppertain TO the Legislature" Notwithstanding
which arguments, seriously and honestly preferred,
turns out that the Executive in this Government
lnder the present Administration, as endured by
10Th the People and their Representative, is not
'nly the strongest department of the Government,
'ut is that which is capable of absorbing with inn
'unity the powers OF all other departments of the
Government; that the Presidency is, in fact, ONE
IAN POWER, in comparison with which the power
# the Monarch of England is but the shadow of
shade.
An illustration of this difference between The the
ry of the British Monarchy and the actual power
# its head, and between that Of our Republic and
ne power which Its President takes upon himself
; seen in British act of Parliament which we
atey met with, (the Articles of War" for Is46,)
nnually re-enacted. The Preamble of this act is
n the following words
Whereas the raising or keeping Standing
Army, within the United Kingdom of Great Britain
and Ireland, in time of peace, unless it be with the
consent Of Parliament, is against aw,' &c.
The SENATE Of the United States having on the 25th Of
farch, 1884, passed Resolution that the PRESIDENT in
in the Of Congress- the public
loney from depose in the Bank Of the United States had
assumed upon himself authority and power conferred
the Constitution and Laws" President JACKSON transmit,
d to the Senate, the 18th Of the following month"; ella
orae Protest." in the of which he advanced the
'owng extraordinary pre,ension, besides several others
qually SO
The custody Of the public property under such regula-
tons may be prescribed by legislative authority, has al
why's been considered appropriate function Of the EIe-
cIiue department. in this and all other Governments. In
accordance with this principle every species Of property be-
longing to the United States (exceptng that which in the
Of the several ordinate departments Of the Govern
ment to aid them in performing their appropriate
functions) IS IN charge of officers appointed by tie Presi
dent, whether be lands buildings merchandise,
provisions, clothng and munitions Of The
supentendents and keepers Of the whole appointed by
the President reponsbk to h, ndremopobk at has ,cH
Public money Is but species Of public property. Il
cannot be raised by taxation custom brought into the
Treasury in any other way except by law but whenever
howsoever Obtained its custody always has been and al
icays must be- unless the consultation be changed entrst
ed 10 the Erecice department No officer be created
BY Congress for the purpose Of taking charge Of it whose
appointment would not, by the constitution, at devove
the President and who would be responsible TO him
for the faithful performance Of his duties The Legislative
power may undoubtedly bind him and the President by any
laws they think proper they may prescribe in
what place particular portions Of the public money shall be
kept and for what il shall be removed they may
direct that supplies for the army navy shall be kept in
particular stores and win be the duty Of the President 70
that the law is faithfully executed yet M the custody
remain IN the Erecutipe department of the Government