Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-11-11
WASHINGTON NEWS AND GOSSIP.
SECRETARY marcy AND rnr ADx1sIsrnx-

Gushing delivered not only the great speech in
Faneuil Hall, on which we took occasion to
comment some time ago, but q subsequent
speech, ut Newburyport, replete with interest,
as all he utters on public affairs is In the
course of that address he was, as before, unmer-
cifully hard on that prince of political charla-
tans, n. P. Banks, Jr. than whom no other
man ever made, in this country, so extended a
reputation on so little real capital. 1t seems
that Mr.. Banks had alleged that Mr. Marcy
differed from his chief with reference to the
Kansas policy of the latter, and added that had
..'his (Mr. Marcy'S policy and advice been
adopted, all the Kansas trouble would have
been avoided ''z7 7'''--7'' -
General Gushing, in the speech to which we
refer, pricks that bubble, and in 80 doing sheds
q food Of light on the administrative affairs of
the United States. We therefore republish his
remarks in this connection, by way of adding
to the Stars readers fund of useful informa.
ton: .H.s..a .
My friends, Mr.. Marcy was my daily ASSOC
S snnr omciaiy ana personally for the space Of
was son of Massac husetts, and his name should
be cherished by every member Of the Common
wealth: ! cannot, in your presence, allow the
Yet my relation to the subject is e delicate
one The advice which a member Of the Cabin
gives TO the President, either separately or in the
presence Of his colleagues, is confidential Ii is
privileged communication by law that Is the
Supreme Court have decided, In the case of Mar
bury rs; Madison, that a member of the Cabinet
cannot be required to disclose such things i'm n
court Of justice. Nav, 1t has come and iustlv To
be point Of honor, thar no member of the Cabi-
net, nor even the President himself is to disclose
what occurs in consultation with or advice to
LAT off
public only when they reach the stage of an ON
cial act of the Government.
Thus, tits not proper for me to state of my own
knowledge what advice Mr.. Marcy gave Presi-
dent Pierce. can say nothing except that which
| is of public notorety, o which exists i'm such
forms as to be capable of public notoriety And
the Facts In this case are So far notorious that the
marvel is how Mr.. Banks, or any body else nos
sessed Of the same means, should fall into the
errors OF fact or the errors of inference from suo
pressed facts, which he has committed regardino
the respective relation of Mr. Marcy and Of Pres
ident Pierce TO the question of Kansas
" By The Constitution The executive form of the
United states is vested In the President But he
cannot of himself do all the supreme execntiv.
business Of the Government Hence the Com
stitution suppOseS that he has Cabinet Min ers
Heads Of Departments. to advise him, to act for
him, to administer, under him, the affairs of the
Government.
SAT the foundation of the Government, these
Cabinet Ministers were four, the Secretary of
state, the Secretary of the Treasury the Secre
tary OF War, and the Attorney General They
constituted the Cabinet of Washington. A ffth
the Secretary Of the Navy, was added in the time
| taken into the Cabinet by Jackson And n sev-
enth Department, that Of the Interior with its
Secretary, was created by law which went into
effect on the accession Of Taylor. And SO things
| now stand.
or these departments of the Executive Gov
eminent the duties are partly defined BY law and
partly by orders, general or special of the Presi-
| dent, for he is the Executive; ard they are his
Ministers or Secretaries
AT first, what is now the Department of State
was called the Department of Foreign Affairs
Alter IL came to be called the Department of
state, 1t was made the depository of much Of tbr
miscellaneous business of the Government Thus
| at the accession Of President Pierce the Secre
tary OF sIate conducted the correspondence in
foreign affairs; superintendent the appointment
OF foreign nj inisters and Consuls keptt statute
rolls kept the great seal and affixed II to Off cal
papers superintendent the administration of the
Territories superfntended' the Investigation of
applications for pardon; superintendent the an.
pointments OF legal nature, as Judges attor
neys and marshals and, in addition to all that,
ne, ike the other Ministers, conducted apy mis-,
cellaneous correspondence or other business. that
might be specially required of him by the Presi.
{" These duties, even the ordinary ones enume-
rated, are, as you perceive, of a very miscella-
neous and very onerous nature Foreign affairs
a-e quite enough duty for one Secretary Mr.
marcy saw this when ha entered on the duties of
his oihce, and proceeded to consult the Attorney
6eneral. the legal adviser Of the Government on
the subject They agreed to counsel the Presi-
dent TO transfer, from the office of the Secretary
OF state TO that of the Attorney General three
great branches of the public business-pardons
legal appointments, and such leg al corfespond
ence OF any OF the Departments as its head might
gre nj. ihus II the President, or the Secretary
OF state, or the Postmaster General choose To
offer any matter Of legal correspondence arisin1
In their Departments: to the Attorney General Il
wa, part OF his duty TO take charge Of it, And
thus IT happened that in questions of foreign re-
lations, such as the Enlistment question the
Neutrality question, and others, the CORRESPOND
ence came out of the office of the Attorney Gen
eri, that occurring. not as many persons suD-
posed: and as on more than one occasion puh
lie Journals enormously inferred and iniurouslv
lmputed, by the voluntary act Of the Attorney
GENERAL, but by the special request i'm eacL ca.e
generally in writing, of the secretary of State
In all these ways, and especially in the matter OF
Pardons and legal appointments. the duties OF
ine secretary OF State so far forth diminished -
leaving TO the latter, in substance foreign affairs
the custody Of the great seal and the laws and
the administration of the territories
AND so, during the administration Of Presi-
dent Pierce, Mr.. Marcy administered the Terri
tory OF Kansas He issued the instructions TO the
successive Governors; he received their of1cial
letters he addressed official letters to them; and
u was part OF his particular duty to keep in his
mind the current of affairs in that Territory and
when asked, or without being asked, TO give I'd
vice thereon to the President. In a word, MI.
Marcy conducted, officially, and by instructions
and acts issued from his office and bparino MS
signature, the relations Of the United States with
Kansas, just as fully, and in the same way az he
did the relations Of the United States with Great
Britain.
The hypothesis Of Mr.. Banks assumes, in the
INST place, that MIR. Marcy is to have the credit
OF the negotiation with Great Britain to the com
Piete exclusion OF the President, and that the
President i to have the blame Of the conduct OF
the affairs In Kansas, to the complete exclusion
OF Mr.. Marcy. That hypothesis is altogether
gratultous not warranted by any facts and con-
tfary 10 reason. Either the President directs and
re; Pohslpie Tor praise or blame in both branch
es OF business, or he does not direct and praise
OF blame attaches to Mr. Marcy. There is no es-
cape from that dilemma, DIS a general presulnp-
tion.
!" Mr.; Banks contradicts this general presump-
ton What authority has he for the contradic-
non Know OF none But his hypothesis then
proceeds to assume in the second place that tb..
affairs OF Kansas were misconducted to the de-
gree OF producing all the troubles which Mr.
fierce's Administration has entailed upon ta,
nation! What! Did Mr.. Marcy remain al the
mead OF his Department three years white its
business continued to be thus miscond aasesi ?
o "a Of x.,l;l IL,