The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-02

with those who know him well IL a sufficient guaranty
thai his commission would be used only promote the
honor OF his country. He here in this very hall
when returning from the heds OF his glory, long ae'
the session had commenced honored by all. Yes, SIR
here this very chamber day after day. but holding his
Office the will Of the Executive. Why it tha'
his appointment was not sent in, if he holds commits
sion as under stand he does Is there any association
in the mind of the President between this appointment
and another, which makes him reluctant to submit it to
the Senate Is this gallant general in bad company tina
he ought not 10 be treated as big minded and hon.
oabe man. and placed in situation where he be
Independent of the Executive will My honorabl,
friends, the senators from Mississippi, who know him
better than do-and know him well enough 10 know
that he deserves different treatnent-must know canno
help knowing that the Senate would be eager TO record
the testimony of their respect and confidence, by
affirming his commission at the very first moment that
the President would here give them opportunity Sir
want TO know why his nomination has not been sub
mited Has the President forgotten it! The presenc,
OF the gallant soldier sufficient to remind him of il
True, il may have come in since this resolution was OF
fered for believe the fact u.s. that there has been
day since this resolution offered that the Presiden
has not been sending messages to the Senate-ay and
confidential messages, too.
Mr. ALLEN. That il no secret
Mr.. JOHNSON | know that is secret, but | want
10 get at a secret. have mentioned another case bu
certainly with no view TO dsparage the officer, who's
ability hold in high esteem. | mentioned the OF
quence OF his holding mere Executive commission
holding it, as he does, al the will of the Executive He
may be dismissed without court martial. The President
has the authority TO do So there is no doubt. Now
what particular duty has he assigned TO BrIgader Genera
Cushing He has made him Judge well genera
in the army of the United States He has made him
Judge to decide upon charges preferred against the
mahder chief OF the army, well upon charges
preferred by him against others Suppose the President
could be capable OF entertaining any hostility against
that high ocerit is barely possible that such may be
the casesuppose 1t possible that for the purpose OF
gratifying some antecedent anmosity or to accomplish
that gallant chiefs and suppose that Gen Gushing is
pabe of minisering TO such purpose whilst dependent
absolutely dependent-upoh the Executive will. Who
ne Nf
them general who earned for himself impershabe re-
nown in the war of 1872 but not lawyer, and not being
not from education or Practice in all probability compe-
tent to decide the many difficult and questions of law
that are constantly arsng-but as honest man as God
honest because he is condng liable to be deceived and
mised Brgadier General Gushing is associated with
him. And what OF man is General Gushing A
of uncommon intellect, clear and discriminating in
Judgment. and nice and astue in all matters of Legal sub
tlcty. Imagine him capable OF lending himself to the
not see how peniclous to the general chief would
be trial carried under such auspices, and by such
funetonares' Evidence, may be ruled in, which would
be highly improper. and evidence more influential in
his favor might be ruled Principles maintained are
sometimes scarcely more fatal than principles repudi-
ated. Sir, your experience has no doubt taught YOU
the paramount influence which the most intellectual
individual in any tribunal exercises his associates
for good or for evil 1t is observation illus
raed by almost every mans experience at tAe bar that
you can get the judgment OF the intellect in your
favor, the judgment of the will be in your favor
The will Of the court is often the will of man, the
Judgment OF the tribunal often the judgment of one man.
The property and life of the sutor criminal freq
depend on the Judgment of one Now sir, the man
capable of playing an unworthy part-holding commits
from desiring such part to be play ed whose
power is as the breath OF his nostrilsplaced in sua
ton in which he is the mere slave of his master, his
Judgment must necessarily be the will of his SUPERIOR be.
ing aware that he dies officially the that dares
to disobey that will.
Sir. if had an abiding confidence in the Justice of
Heaven and could bring myself believe that the Presi-
dent could be capable OF the endish malgnity which, bv
way of illustration have supposed should tremble for
But have such confidence life devoted to the ser
vice of his country; vaor and skill which have 30
largely contributed to elevate its military fame an I'M
to maintain the honor and glory of its flag must will en-
able HIM. at all tines proudly to repe all that malgny
can attempt and confidently to rely upon the justice and
gratitude OF great and viriuous people.
But sir, want to know if there is any such officer as
General Cushngany such man in situation in which
1t is conceivable that such result have supposed
may be produced Let the Senate and the country be in
formed of the fact If there is any reason which forces
the Executive to withhold from us this informaon let
IN justice 70 the country Jet us know IT. And, above
all in justice to the clear and obvious rights of the people,
lei US know who are assuming to act as officers of the
people, and under what authority they act.
Mr.. President, it is probable that may not have
another opportunity of addressing you upon the subject
and therefore, before close, beg invoke the serious
doctrines avowed by the senator from Ohio These sir
are OF momentous import. Let them be sanctioned, and
Inc entre ana exclusive patronage OF the government
will be welded by the President The object of the
constitution in making him, its trainers thought they
had done, exercise it only in conjunction with the
Senate, will be al length defeated. Not consulting
the Senate as II is maintained he may not do, until
the last hour of its session, he forces them to confirm all
his nominations; if they reject, he again appoints du
ring the recess, and the persons and so on from
session to session, until the clear design Of the cons-
ton is frustrated and every officer Of the government
from the highest to the lowest is in office under Execu.
tive appointment alone And this, it is said all right
is all democratic. 1t s to be sure, the exercise of The
power. But what matters it OF all the pow
of the government that is the safest 1t does not
spread over large surface. 1t is and concentrated
and responsible the degree that is and concen-
traed Let the people think of the doctrine and they
will they cannot fall to discover its necessary tendency
They will seethey must seethat it breaks down
OF the most wholesome guards of the constitution; and
that united is, by those who hold it, with the other
present democratic principle to the power, it liter
ally subjects the almost entire functions of the govern
men 10 the hands of one When this occurs what
will the government be, if not a monarchy2 and when
tolerated. who will be able to say the people deserve
freedom But have msgivings They will not toe-
rate it, but drive from power at the first moment the
politicians who maintain and incucae it.
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BY H. O. g. r. DYER, .aacsSoneers.
HOUSEHOLD AND KITCHEN FURNITURE AT
Ii AUCTlON.-On Tuesday morning next the 9th OF
September, at 10 O'clock shall sell the residence of