: : : 1 Virginia Resolutions. exercise of a power inconsistent with their freedom and [MARCH 3, 1834, Mr. G. said he claimed, as a representative of the people-of those who gave him public leave to speak in gretted example, master of but deeply ply lament a He a fearful in their behalf-to act as sentinel over the public treaMr. G. said he did not himself believe the President of worthy sure; a post he would never yield, so long as he was the United States had an intention to usurp the liberties greatly regretted it; he considered it one of the evil omens to speak in the name of those who sent him. of his country, but he did believe his present course of ac- of the times; and high as was his respect for the distintion would be recorded as a monument, and some future guished body of which he was a member, he could not man of ambition might become, by his the confederacy. The General Assembly of Virginia have considered it representatives of the people are seen rallying on the that, on such tion of taxation-of liberty-a majority of the immediate question-on a quesas a question involving the separation of the powers of a free constitution, and not as a question of bank or no gress of the United States had not, unanimously, instantly side of power. He was deeply mortified that the ConThe constitution of Virginia contains reproved this perversion of executive authority; and althe Executive, Legislative, and Judicial Departments of tion on the members of Congress, who were, he doubted a provision, that though he had Government should be kept separate and distinct, so no intention to make any illiberal imputathat neither should exercise the powers properly apper taining to the other. In the Federal constitution, the demarcations of the several departments are distinctly made. The legislative, executive, and judicial powers are assigned to their appropriate organs. bank. forever. not, as honorable a body, as could any where be found, yet he would say that, if the people of the country sustained their representatives in yielding to this overwhelming executive power, he should consider that the liberties attempted to be secured by this constitution were gone The legislative power is vested in Congress-there was none given to the President. He is not a representative glance at the past course of the ancient Commonwealth of Mr. G. said the occasion was a fit one to take a rapid of the people; he is the executive officer, appointed by Virginia in relation to this Government. the people. His power of veto is not a legislative power; contended for a strict construction and faithful execution it ought to be, as it is, a mere negative. No money shall of the limited, though extensive, powers delegated by the She had ever be drawn from the treasury without an appropriation by compact to Federal functionaries. Jealous of power every law; and the question was submitted to the House, as where, diffusing and limiting it in her own Government, the guardian of the treasury-if large sums of the public she has looked always with apprehension on its too great money have not been withdrawn from the bank without accumulation in any of the departments of this Governan appropriation made by law? It seemed to be con-ment. Her warning voice has often been heard on this tended by those who justify the course of the President, floor in reproof of undelegated authority in the Legislative that he, and the officers under him, had the right to use Department of Government. During the adininistration the money of the public as they pleased, in the interval immediately preceding this, she thought she perceived in. between the time of its collection and the time of its the assertion of powers in this Government by the then appropriation; that they can place it where they will, Chief Magistrate an alarming tendency to consolidation of and loan or deposite it to whom they will; and contract all the powers of the States in this Federal head; and, what those receiving it shall do in return. Let us put although these assertions of authority were not carried this to the test of ordinary transactions in private life. An out into action, she rallied in opposition to their bare asagent has power to collect money for his principal; does it, therefore, follow that he has the power to use it for his own purposes, lend it out, or make contracts on it? Has he any other power than to collect and keep it, and pay it constitution, and bear himself with a meekness and simover to his principal as soon as possible? Try the Pres- plicity in his high office congenial to the spirit of our inident by this simple test, and it will be found he has used stitutions, and thus adorn the high military reputation millions of the public treasure in a manner not sanctioned by which he had attracted the admiration of his countryby the authority under which he acts. enue, on deposite, I suppose usually amounts to between was elected; and, for the first years of his administration, The public rev-men. By her powerful aid, the present Chief Magistrate $7,000,000 and $8,000,000, and the fair interest for its use she stood almost in solid phalanx, supporting all his great is worth nearly half a million of dollars annually. Can measures. any one be so blind as not to see the influence and power which such a use of the revenues of the country must add she perceived, after the second election of the present But it has been with feeling of deep mortification that to the already too extensive patronage of the President? Chief Magistrate, in which she so heartily co-operated, a Is it deemed that the President, or those who surround disposition to enlarge his authority, and to administer the him, have a right to remove the revenue from the places powers conferred on him in a harsh and overstrained appointed by law, except in a manner prescribed by law? manner. In this whole matter the President has no direct authority to act. sertion, and gave her support to the present Chief Magistrate, under the confident hope that he would administer the Government in a spirit of moderation, according to the Those of us who stood here last year well remember Mr. G. said there was another great principle of free- Magistrate, at the opening of the session, diffused over the universal satisfaction which the message of the Chief dom invaded, which he never would surrender. He the entire South. It conformed, more than almost any claimed, as a freeman-as a citizen of Virginia, one of the paper ever sent to this House, with the feeling of modemembers of this great confederated Union-either by ration and principles of government always cherished by himself, or his representative, to tax himself. It was a the Commonwealth of Virginia. In some of its recomgreat principle of English liberty, that taxes were the mendations, it recognised the principles of the nullification free gift and grant of the Commons: and he believed, if of South Carolina, the ultima thule of State rights. It the King of England should at any time invade or impair was calculated to destroy nullification itself, by curing all this right, he would hear from his indignant subjects those evils for which its advocates contended it was the that no more taxes would be paid until there was a reform. He insisted that, as Congress only could raise revenue, so also could they alone direct every thing appertaining to the revenue, both as to its preservation and distribution. rightful remedy. in our affairs by this message in six short days was ruffled But what are mortal hopes? The smoothness produced by the storm engendered by that fatal proclamation, so hateful to all lovers of a free confederacy of the States; MARCH 5, 1834.] Virginia Resolutions. [H. or R. whose horrid features had not been visible until the veil was withdrawn by the President. rightfully imply a power of control and direction; otherwise, the President, to all intents and purposes, would be the Government; and there is no effective limit to his denouncing as traitors those who professed and paid alle- its exercise he could control all the officers of Government giance to the laws of the State that gave them birth, when in the discharge of their duties under the law, and that in contact with the Federal authority; and that proclama- a difference of opinion with him is a just cause of removal tion followed up by a special and argumentative message, from office, all the other departments of the Government claiming for this Government of delegated and limited must fade away under the gigantic powers given to the authority unlimited power over the States, as parties de- President, and the people awake from their dream of legating that authority; and this message sustained and liberty, and find that, instead of an association of free and ratified by the Legislative Department, by a grant of the confederated States, they had, in fact, erected a despotism, whole military and naval and fiscal power of the Government, to prostrate a gallant and talented State of this confederacy, who had dared to stand for the restoration of But it cannot be; the power of removal does not long lost rights, and remonstrate against unconstitutional taxation! When we saw a majority of this House and the other voting that declaration of war against all the States, which throws the sword before the judgment of the courts, authority, either under the law or the constitution. He and subjects this once free confederacy to martial law at knew that the advocates of power were never at a loss the will of the President and his collectors, the Common- for precedents; they are an inclined plane, down which wealth of Virginia, whose constitution consecrates the every Government has slid into despotism; and it was trial by jury, by declaring that it should be held sacred; the duty of Congress to inquire whether this power of when we saw and felt these things, it was impossible not removal was a power conferred by the constitution, or to recoil from them; and now, after having compromised, implied, and given by the Legislative Department; and, in and, for a time, settled the conflicts of interest and opin- either case, to curb and keep it within strict limits. Mr. ion which gave rise to these hateful measures, and the G. trusted that good would arise out of evil; that this country had become, in a great degree, composed and rash and inconsiderate conduct, on the part of the Presat peace, the President of the United States, in the wan- ident, would ultimately tend to place the Government on tonness of power, has struck a blow on the financial affairs surer and safer foundations; and when it was found, of this country, the fearful vibrations of which are heard in practice, that there had been an unequal share in the and felt to the extremities of the confederacy. He had distribution of the powers of this Government given to, given the death-blow to the Bank of the United States by or assumed by, the President, that those for whom the his veto; it would have died it must have died-because Government was established will, in either case, apply the President's tenure of office was longer than that of the remedy. Mr. G. said that, in regard to the present the charter of the bank. But the President, sixty days expediency and wisdom of the course of the administrabefore the meeting of Congress, without any public ne- tion, there would, amongst all those who would extend cessity, had done a deed of fearful note. In a commu- their view to the whole circle of our affairs, be but one nity of five hundred banks, with a paper circulation in-opinion. In this young and growing country, compreterwoven with every interest of society, and affording the hending a territory as large as Europe, in rapid career of actual currency of the whole confederacy; carrying on advancement, deficient in nothing but capital and labor, all the exchanges, foreign and domestic, of this great con- and the efforts to increase both have eventuated in givtinent of States; ministering to the commercial, manufac- ing to the United States that most extended system of turing, and agricultural industry and enterprise of the banks and paper circulation, said to amount to five huncountry-over the varied and complicated strings of such dred banks, and nearly one hundred millions of paper an instrument he has thrown his gigantic but unskilful circulation; and the credit of these banks and this curhands; and the dissonant and jarring sounds which he has rency, dependant entirely upon public confidence, was produced return upon his ear, and discompose the nerves as delicate as the sensitive plant, and had shrunk from of the whole community. the rude touch of the hand of unauthorized power. The President had destroyed the public confidence in the public currency; and the consequence was, universal clamor and almost universal despondency. These resolutions of the General Assembly deny to Congress the constitutional power to make a Bank of the United States: in which he entirely concurred; for on a former occasion he had voted against rechartering the He said he felt proud of the position which the Combank, and at the last session he had voted against the re- monwealth of Virginia occupied; he trusted her continued solution in reference to the safety of the deposites in the efforts in the cause of constitutional liberty would reBank of the United States; not because he considered dound to the peace and honor of this confederacy; askthem unsafe, but because he had no opportunity, from ing nothing for herself, her most fervent wish was to see the late period of the session, to examine the subject; this part of the Government guided according to those and he feared the resolution would aid the bank in a fu- constitutional landmarks, in the establishment of which ture effort for a charter: on his part, that was a mere ne- she had some agency; and, in conclusion, he trusted that gative vote. He felt that, on presenting these resolutions, he might be permitted, without offence to any, to say that and delivering his own views of the powers of this Gov- the Commonwealth of Virginia was happy in the purity of ernment, he was performing no very acceptable service her own principles and purposes, sufficiently rich in the to a very large party in this House. He believed the ques- spontaneous gratitude which, on all great occasions, she tion of bank or no bank must arise before the session ter- had excited in her sisters of the confederacy, and gloriminates, and, when it does, he would be found standing ous in being the disinterested creditor of mankind, in the by his native State, on the narrow isthmus which she oc- large advances and generous examples she has made in cupied, in strenuous though unavailing efforts to roll back the cause of freedom. When Mr. G. had concluded the waves of legislative or executive encroachment on the constitution and liberties of his country. But whilst Mr. PATTON, of Virginia, rose and said, that, by one he believed that Congress had no constitutional power to of the resolutions, the Governor of the Commonwealth of incorporate a bank, it should not, and does not, mitigate Virginia was "requested to transmit a copy of these resoluthe conduct of the President for an unconstitutional viola- tions to each of our Senators and Representatives in the tion of its chartered and vested rights. He confessed that Congress of the United States." That the Governor, in the doctrines and practices of the Chief Magistrate had compliance with this request, had sent to him a copy of greatly alarmed his mind; he believed that, if the President these resolutions, accompanied by a letter. He believed had properly construed his right of removal, and that by a similar letter, addressed to his honorable colleague and "SIR: In compliance with the request of the General Assembly of the Commonwealth, it gives me great pleasure to transmit to you the accompanying resolutions adopted by that body, disapproving the recent act of the President, in withdrawing and withholding the public deposites from the bank, where they had been placed by the law. "This dangerous and alarming assumption of power has already inflicted deep and lasting misery upon the citizens of this Commonwealth, which your efforts and exertions in the Congress of the United States, it is hoped, will aid in alleviating, as far as practicable, and restraining the disposition which the President has manifested to extend his official authority beyond its just and proper limits, which he has clearly manifested in his recent interference with the Treasury Department of the Federal Government. "I am, sir, with respectful consideration, "Your obedient servant, "JOHN FLOYD." [MARCH 3, 1834. the charter establishing the Bank of the United States is made in violation of the constitution of the United States, and a "dangerous encroachment on the sovereignty of the States." This omission, however, is of little conse. quence. But the Governor goes on, after describing the resolutions in his own way, to express to the representatives of the people of Virginia on this floor his hopes that our "efforts and exertions will be used in restraining the disposition which the President has manifested to extend his official authority beyond its just and proper limits, which he has so clearly manifested in his recent interference with the Treasury Department of the Federal Gov ernment." Now, sir, this is going beyond what the Le gislature thought proper to request us to do. And who gave the Governor of Virginia the official authority thus to express his wishes and expectations as to our course here? I beg leave to say, having respect for him personally and officially, no one would more gladly than myself receive from Governor Floyd, or, indeed, from any other intelligent source, any information, argument, and advice, calculated to assist my own judgment in coming to a correct conclusion on the interesting and important questions now depending. But I cannot recognise his right to do so under the garb of official authority-in a letter missive addressed to us, the representatives of the people, in the style of a high potentate, as if we were ambassadors of the Governor of Virginia "near" the Federal Government. I protest against this unauthorized interference by the Governor of Virginia with the deliberations of the Representatives of Virginia on this floor. I owe no representative allegiance to the Governor of Virginia. knowledge no authority to control my course here but the constitution, my constituents, and a sacred regard for the principles of justice and the obligations of public duty. I ac Mr. P. again said that he had to perform the somewhat ungracious duty of showing that the Governor of Virginia, in the letter just read, had-he would not say "manifested a disposition to extend his official authority beyond its just and proper limits," for he meant to impute no improper dispositions to the Governor-"extended his official authority beyond its just and proper limits." And, although he regarded it as an assumption of power neither "dangerous nor alarming," yet as, in the language of the preamble to the resolutions of Virginia, (in which, so far, he entirely concurred,) "all experience of the practical operations of Governments has proved that arbitrary assumptions of power by them, or any officer of them, if silently acquiesced in, become precedents for further and still confederacy, but unnecessary, as well as unbecoming in Do we not all recollect with what general indignation, at least in a large portion of Virginia, the proclamation of the President against the State of South Carolina was received, and particularly that part of it in which he denounced the public authorities of that State as traitors and rebels? I felt and expressed my decided condemnation of this mode of treating the constituted authorities, legis. lative and executive, of the State of South Carolina, by the Federal Executive, in a paper which I considered not only unsound in its doctrines, as to the character of the its tone and temper. I have no doubt the Governor of Virginia regarded it in the same light; and I expect no one was more ready to disapprove the act of the President, in sending forth to the public his cabinet manifesto of the 18th of September last-a proceeding, in my estimation, unprecedented, unjustifiable, and undignified. How can we object to these things in the President of the United States, and be expected to receive, with si lent acquiescence in its propriety, the gratuitous and u authorized anathema of the Governor of Virginia against the Executive authority of this Government. This Government, as well as the Government of Virginia, derives its authority from the people of the sovereign State of Virginia; and it becomes us, as citizens of Virginia, and, as such, citizens of the United States, to rebuke any wanton and unauthorized official denunciation by the Executive officer of either Government towards the Executive officer of the other. When the Governor of Virginia thus denounces the supposed usurpation of the President of the United States, in a style and form which constitutes neither more nor less than an assumption of power, it brings to my mind a droll story which I lately met with in a newspaper; and, as Dutch anecdotes seem to be in vogue, I beg leave to read it to the House: greater acts of usurpation," he felt it to be his duty to the House, to his constituents, and to the people of Virginia, to protest against the authority assumed by the Governor of Virginia, and thus to prove that his " efforts and exertions" might be relied on to restrain and rebuke all and every extension of authority by the President of the United States, or by any executive officer of this Govern. ment, or that of Virginia, whenever manifested to him. And now, sir, I beg leave to ask (said Mr. P.) by what right the Governor of Virginia undertakes, in his official character, to throw the weight of his authority into the scale, for the purpose of influencing the judgment of the representatives of the people of Virginia on this floor? He was simply requested to transmit a copy of the resolutions to each of us to do the mere ministerial duty of sending the resolutions authenticated by him as the official organ of the Assembly for that purpose. There is certainly nothing objectionable in his giving a description of these resolutions. It would, I think, however, if he thought proper to describe them at all, have been better to have given a more full and accurate description of them. While, however, he says it "gives him great pleasure" (of which I have no doubt) to communicate the resolutions disapproving the "recent act of the President," he omits to notice (and I presume it gave him no pleasure to transmit) the resolution, from which it appears that the Legis- ginia a Dutchman named Henry Snyder, and also two lature still adhere to the opinion expressed by that State brothers, called George and Jake Fulwiler. They each in 1799, repeated in 1811, and now again reiterated, that | owned a mill. Henry Snyder was subject to fits of de "There lived in one of the counties of western VirMARCH 3, 1834.] Virginia Resolutions. [H. OF R. rangement. He conceived himself to be a supreme ruler expressed by the Legislature, I do not know. I have no of the universe, and, while under the infatuation, pro- knowledge of the opinions of my own constituents even. ceeded to try all who offended him-he personating both The Legislature of Virginia derives its authority, as I do judge and culprit. Some difficulty having occurred be- mine, from the people; and we are alike responsible to tween Snyder and the Fulwilers, on account of their mills, them. I think the Legislature have adopted sentiments he, to be avenged, proceeded one day to try them. He was heard to pass the following judgments, acting as judge, and yet responding for the accused. He called George Fulwiler: "Shorge Fulwiler, stand up. Well, Shorge Fulwiler, hasn't you got a mill?" "Yes, I hash." "Well, Shorge Fulwiler, didn't you never take too much toll?" "Yes, I hash; when der water wash low, and mine stones wash dull, I take a leetle too much toll." "Well, den, Shorge Fulwiler, you must go to der left mid der goats." He then proceeded to try "Shake Fulwiler" in the same way, and with the same result. "Now I tries mineself. Henry Shnyder, stand up. Well, Henry Shnyder, hasn't you got a mill?" "Yes, I hash." "Well, Henry Shnyder, didn't you never take too much toll?" "Yes, I hash; when der water wash low, and mine stones wash dull, I bash taken a leetle too much toll." "But, Henry Shnyder, vat did you do mid de toll?" "Ah, I gives it to de poor." (Pausing.) Well, Henry Shnyder, you must go to de right mid der sheep; but it is a tam tight squeeze." Now I do really think that if President Jackson is to be denounced, and sent to the left for his proclamation and cabinet manifesto, Governor Floyd may find some apology in conflict with the letter and spirit of the constitution. It will be for the people of Virginia to pass between them and those of us here who do not agree with them. It has been said that one universal cry of indignation has been raised, from the Potomac to the Gulf of Mexico, against the usurpation of the Executive in this matter. This may be so. But believing, as I do, that it is founded upon principles wholly inconsistent with the theory of the constitution, and in conflict with the ancient principles of Virginia, J, for one, am determined to oppose (unless controlled by the mandate of my constituents) this current, and not voluntarily float down the stream, which I believe will at last tumble over into that gulf of consolidation where reigns one eternal gloomy and iron despotism. I remember well, Mr. Speaker, the time when Virginia stood almost alone on this floor in opposition to the encroachments of the Federal Legislature; when a distinguished son of Virginia, whose unworthy successor I am, and who, I thank God, is yet steadfast in the faith, was habitually sneered at for his straitlaced notions of constitutional law, and, in mockery and derision, was called "the administrator de bonis non of State rights." But that devoted champion of the rights of the States and of a limited construction of the federal constitution, (P. P. Barbour,) neither quailed nor faltered in his course. After a long and doubtful struggle, the present Chief Magistrate was elected. At this time, the unadministered assets of State rights were small indeed; but with the aid of the stern and inflexible firmness of the President, sus for his proclamation and cabinet manifesto, which, in the tained as he has been by the people thus far, we find that eye of official self-complacency, may entitle him to claim "internal improvement," that great source of extravagant a place on the right; but it must be by a very tight squeeze. expenditures, that system of legislation so hostile to the I regard the cabinet manifesto, the President's proclama- true construction of the constitution, "lies prostrate," in ton, and the proclamation and cabinet manifesto of the the language of its great champion, "under the ExecuGovernor of Virginia to us, his loyal or disloyal subjects, tive veto." As a means of saving a portion of the prothe representatives of Virginia here, in regard to the right tective system from the fate which awaited it-from the to issue them, and their tone, as papers of the same class, hostility of the President-the father of the American systo the same family, and alike efflorescences tem proposed and carried through the compromise bill, as belonging of Executive pruriency. I take my leave of them. It becomes me now, sir, to notice more in detail the oppressive system; and I believe that more immediate reasons on which the Legislature have founded the re- and certain relief would have been received but for the quest they have addressed to the representatives of Vir-rash and precipitate, though gallant and high-minded garia. I admit their right and their duty to express their course taken by one of the southern States, which, to•pinions on any supposed violations of the law or consti-gether with the proclamation of the President, placed the tation by any department, and to accompany that expres- country on the brink of civil war, and made us all glad to sion of opinion with a request to the representatives of the settle the matter upon almost any peaceable terms. people of Virginia on this floor; and while that request The Bank of the United States, which has been callcertainly does not carry with it the force of authority, yet, ed one of the first-born of federal encroachments, and considering the high source from which it proceeds, it is now more gigantic in its proportions than any of them, entitled to the most respectful consideration. It is known to the House that I have heretofore ex- motion, has been felled by the same hand, wielding that pressed opinions decidedly and fundamentally opposed to potent safeguard and check upon the encroachments of what I understand to be the principles maintained in the the Legislative Department of the Governinent-the resolutions of the General Assembly of the Commonwealth Executive veto." which affords a prospect of substantial relief from that whose death struggle now fills the whole country with com of Virginia. I have, however, as I felt in duty bound to I am aware, sir, that great deductions are to be made do, from a sincere regard for their wishes, and respect for from this list of benefits, on account of the famous proctheir opinions, reviewed and examined my own; and I lamation. I believe no one more readily or more openly regret to say, that I see no reason to change them. and decidedly condemned its unsound and fatal heresies If I were to consult my feelings rather than my reason, than myself; but shall we, under the influence of exciteHoy political sympathies rather than my political principles ment on account of that act, unite with those who declaim and opinions; or if I could permit myself to look to my against the Executive veto of the bank and of internal tions I owe to the constitution and my convictions of the dences of the accumulation of all power in the hands of one Interests, present or prospective, rather than to the obliga- improvements, and his fatal hostility to the tariff, as evitruth, I might join in the denunciations about usurpation, man; and, moreover, adopt opinions which not only degranny, and despotism, of which we hear so much. But, prive the executive branch of all the efficiency and reas I do not believe in these things, I cannot join in the sponsibility designed by the constitution, but lead to the clamor that is raised. Whether the people of Virginia, as entire abandonment of the Executive check on the Legishas been said, entertain opinions in accordance with those lature, and must end at last in the union of all the pow VOL. X.-179 H. or R.] Virginia Resolutions. [MARCH 3, 1834, ers of Government, legislative, executive, and judicial, These are some of the principles which were recogin the same hand, which is said to be the very definition nised as leading ones in producing the arrangement and of tyranny? division of powers in the federal constitution, and by which In order to determine how far the resolutions of the the separation of the several departments, legislative, ex Virginia Legislature are in accordance with the true ecutive, and judicial was regulated; "the concentratheory of the constitution, and the principles which tion of which powers in the same hands," in the language were enunciated at the time of its formation, nation, I will read of Mr. Jefferson, " is precisely the definition of tyranny." some passages from the celebrated letters of "Publius," How consonant with these fundamental principles were which contain the most authoritative, and, with some the animated and eloquent appeals which we have been prominent exceptions, the most accurate and profound ex- accustomed for several years to hear against the dangers positions of constitutional doctrine that any country pos- of an irresponsible, unchecked, and interested majority sesses, in relation to its fundamental law. In order to in Congress! They constitute a part of the faith in which show the light in which Mr. Madison viewed the compar- I was bred; and now let us proceed to inquire how far they ative dangers of the Executive and Legislative Depart- are sustained by, or in conflict with, the preamble and rements, I refer to several passages from the forty-eighth number of "Publius." "The Legislative Department is every where extending the sphere of its activity, and drawing all power into its impetuous vortex." solutions of the Virginia Legislature. "Whereas, the General Assembly of Virginia deem it of the utmost importance that the power to control the public revenue should be made to abide, in practice, Again: it is said that the founders of our republics where it has been vested by the constitution-in the im"seem never to have recollected the danger from Legis-mediate representatives of the people and of the States lative usurpations, which, by assembling all power in the in Congress assembled," &c. same hands, must lead to the same tyranny as it is threat- Now I confess I have been at some loss to understand ened with by Executive usurpations. precisely what it is that the Legislature mean to affirm. "In a Governinent where numerous and extensive pre- Do they mean to assert merely that Congress, in the conrogatives are placed in the hands of an hereditary mon- stitutional sense, with the approval of the President, or arch, the Executive Department is justly regarded as the without his approbation, by a vote of two-thirds of both source of danger, and watched with all the jealousy which Houses, are vested by the constitution with authority to a zeal for liberty ought to inspire. In a democracy, where make laws concerning the public revenue, or for "the a multitude of people exercise in person the legislative control of the public revenue" after it is raised? If so, functions, and are continually exposed, by their incapacity then they affirm what no human being ever controverted for regular deliberation and concerted measures, to the or questioned. But it seems to he wholly immaterial to ambitious intrigues of their Executive Magistrates, tyranny the present controversy, especially as it is a proposition may well be apprehended on some favorable emergencies equally true of every other subject of federal legislation; to start up in the same quarter. But in a representative and, after all, amounts to nothing more than that Cou republic, where the Executive Magistracy is carefully lim-gress have a right to pass all laws within the scope of ited, both in the extent and duration of its power, and their legislative authority under the constitution. To where the legislative power is exercised by an assembly suppose this to have been their meaning, would be to which is inspired by a supposed influence over the people impute to the Legislature a degree of solemn trifling only with an intrepid confidence in its own strength; which is equalled by that of a member of Parliament, who rose in sufficiently numerous to feel all the passions which actu- the House of Commons, in great indignation at some ate the multitude, yet not so numerous as to be incapable supposed misconstruction of a law, and said, "Mr. of pursuing the objects of its passions, by means which Speaker: We have laws, or we have not laws. If we reason prescribes; it is against the enterprising ambition have laws, and they are not obeyed, to what purpose of this department that the people ought to indulge all their jealousy, and exhaust all their precautions." In the fifty-first number of the same work, it is said that "in a republican Government the legislative authority naturally predominates;" and as a remedy for this, the au have we laws?" To which Mr. Sheridan promptly and very wittily replied as follows: "Mr. Speaker: The gentleman has spoken to the purpose, or he has not spoken to the purpose. If he has not spoken to the purpose, to what purpose has he spoken?" It is wholly inadmissible, thor (Mr. Madison) says: "The Legislature is divided into consistently with the respect which I most sincerely endifferent branches;" and that, "as the weight of the legis-tertain for the wisdom and gravity of the Legislature of lative authority requires that it should be thus divided, Virginia, to suppose that they meant to assert a proposi the weakness of the Executive, on the other hand, may re- tion so general and irrelevant. Then there are only two quire that it should be fortified;" and he then refers to the propriety of the qualified veto. These same general principles are afterwards referred to in a subsequent number, written by Mr. Hamilton; and he says: other interpretations which can be put upon their lan guage. Do the Legislature mean to affirm that a control over the public revenue can be exerted by laws passed without the concurrence of the Executive, and by less than a majority of two-thirds of each House of Congress; "From these clear and indubitable principles results the propriety of a negative, either absolute or qualified, in or that a control over the public revenue can be exerted the Executive, upon the acts of the legislative branches. by Congress in some other way than by a legislative act Without the one or the other, the former would be abso- or joint resolution? Surely, the assertion that any such lutely unable to defend himself against the depredations of control "abides in practice, or is vested by the constitu the latter. He might gradually be stripped of his au- tion in the immediate representatives of the people and thority by successive resolutions, or annihilated by a single of the States," is wholly unfounded. There is nothing vote; and, in the one mode or the other, the legislative and in the constitution, that I have been able to perceive, executive powers might speedily come to be blended in which gives the slightest countenance to the opinion. the same liands." Can the Legislature mean to say that "the control of The veto power is also said, in the same number, to be the public revenue," in relation to the execution of the "a salutary check upon the legislative body, calculated to guard the community against the effects of faction, precipitancy, or of any impulse unfriendly to the public good, which may happen to influence a majority of that body." laws concerning revenue after it is raised, belongs to the Legislative Department, to the exclusion of the Execu tive Department? If this be what is meant, then it is obvious that, so far from such a control being vested by the |