Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-03-18

make the Executive the sole and exclusive power in such
portions OF the country, entirely destitute of authority and
woua d 70 an lne most dangerous aud INDUSTRIOUS
quences which have been traced out All this il 80 clear thai
II is surprising that has been overlooked or that there shoud
be any DIVISION or diversity Of sentiment ia reference TO IT,
The taxes which are the subject OF these remarks were inn
posed by The President in the interval between this and the
preceding session Of Congress- and this is opportuni
~ have had express my opinion in reference 10 the a
liberty by which they laid And avail myself Of this
occasion TO put in my solemn protest against the power If
should become precedent hereafter, it, in connexon with
the authority which the President has assumed in making this
war, would lead the establishment Of fatal error in refer
cnce to the power OF this Government relates 10 war It
VIII 70 that extent elevate the power OF the Executive ac
ce far above the legislative the latter elevated above
the former by the constitution, and lead amos, necessarily in
the ito establish despoc authority the Executive branch
OF the Government, II must be borne in mind that are
warlke people, rapidly increasing in number and population,
well fed, well clothed and having abundance Of leisure.
Like all such people seek excitement, and there no
srptoa of excitement eneng the young and ardent
than II is difficult prevent such people from rush
ing into war; and il wars should frequently hereafter in
consequence and the presidents by this be reversed
nothing prevent the Executive power fon overshadow
ing the constitution and the liberties OF the country. We
now have oppouny to reverse that precedent by giving
strong and decided against the passage this BILL
may be proper for to remark in conclusion that am
that there doubtful questions the
extent of the power Of the President commanerin chief
of the army of The United Stats, and particularly that Of
making acquisitions and establishing temporary governments
such have been established in New Mexico and California
win not enter upon the investigation, but my impress
sion is in Of making acquisitions the portions of
the country in which the authority of the United States is
even temporarily established erecting temporary
in such portions of the conquered country the Pesi
dent has acted without authority of law the constitution
la coming this conclusion, willing allow the Pre-
siden commander many and great powers; but
they such of exigencies Immediately
ed with the operation Of the safety. Among them
include the power of Selling upon supplies Of all descrp
tons when they become Indispensable to the of the army
TO batter down towns, and all obstacles when
necessary for his security But when he comes
act portions Of the territory subject CONTROL he
exercises power not belonging him But to the Legislative
department Of the Government Congress may indeed give him
authority by law levy contributions to establish tempo
rary governments But it is thing to exercise II on his
authority and another exercise under authority OF
law BY the be is placed undor The control Of law, while
by the other he places himself above the control Of law.
/ have expressed my opinion In all have said |
trust have put myself above party feeling personal cons
eratons am actuated by the single motive TO contribute
correct the Of political character which have been
committed in the origin and the prosecution Of the and
guard, far my power against the dangerous pre-
cedens which they calculated to estabsh not noticed
Or exposed.