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H. OF R.]

The Public Deposites.

[APRIL 4, 1831

archs, that magna charta, the great palladium of English gencies. The honorable gentleman from New York, liberty, was established. It was in the reign of the most [Mr. BEARDSLEY,] who occupies the same intimate reiaprofligate and tyrannical of the Stuarts that the great tion, personal and political, to the second officer of the privilege of the writ of habeas corpus was established; and Government, which the gentleman from Tennessee does I hope I may say, in the spirit of prophecy, that it will be to the first, made use of the following words to conver in the administration of one of the most self-willed and his notion of the same doctrine of executive powe dictatorial Presidents this country has ever had, that the "Three departments of Government, and no more, ar foundation of the executive power will be, for the first contemplated by the constitution--legislative, executive time, thoroughly investigated, and its limitations distinctly judicial. In these, collectively, all the constitutiona marked out.

It is worthy of particular notice, as a matter of curious speculation, and I do not mention it with any purpose of disparagement, that so little have we been accustomed to analyze the theory of the executive power, that the present discussion has exhibited, in some instances, as much undigested crudity of conception on this subject, as we might expect to witness in a society of schoolboys, in their sophomore year, in any of our respectable colleges. The very first step in the argument of gentlemen on this floor, is a proposition so monstrous and extravagant, that, if it were not for the respect I feel for the source of it, I should pronounce it to be out of the pale of reason, and unfit to be gravely met and refuted by argument.

powers of this Government are deposited." We have seen that the power in question can be neither legislat nor judicial; it must, therefore, be executive in its char acter, and devolve on that department for its executic Where, then, sir, is the executive power lodged? The constitution gives a ready and emphatic answer to the question: "The executive power shall be vested in President of the United States of America." Not se part or portion of it, but the entire mass-the whole res in that high functionary."

The gentleman then goes on, and, with the most fek tous confusion of ideas, as I must be permitted to s combines in the same sentence, as if they were identic two propositions, as different from each other as light I will now proceed to show what that dangerous posi- from darkness. The following are his words: "I cant tion is, which is now for the first time assumed by the therefore, regard the Secretary of the Treasury as Executive as to the source and extent of its power. In agent of Congress, as has been asserted, in directing the official journal, published a short time after the re-removal. Congress cannot delegate its power-can moval of the deposites, we have the following exposition constitute an agency for any such purpose." There on the subject, promulgated by authority, and ex cathedra, not be a more self-evident truism than the first branch as the doctrine of this administration. After referring to this latter sentence, nor a more ridiculous political the clause of the constitution which declares that the cism than the second; and yet the gentleman evide executive power shall be vested in a President," and the regards them as synonymous. But of this hereafter. clause of the bank charter which provides for depositing In the other branch of the Legislature, in a speech the public treasure in the Bank of the United States, the livered by a gentleman who is no longer a member editor proceeds: "Is the power to remove the deposites that body, the same doctrine was promulgated, and s here spoken of a legislative power? Certainly not. If sequently ratified by the official journal as a true exp it were, it would be unconstitutional for Congress to vest tion of the views of the administration with regard to it in the Secretary of the Treasury. Is it judicial? Not extent of its powers. at all. Is it an executive power? Most palpably it is. Such are the proofs I adduce to show the political Well, all the executive power is, by the constitution, trines by which the executive branch of the Governa vested in the President. If this provision of the bank has deliberately and advisedly defended the act of se charter vests it in the Secretary of the Treasury, other- upon the public treasure; doctrines, in my opinion, wise than as the agent of the Executive, it is clearly un-nitely more pernicious and alarming than the act of us constitutional. Congress cannot vest executive power in tion they are brought forward to defend; and which any other depositary than the President of the United out from the constitutional chart all the other depart States of America!!" of the Government, leaving the President sole monar

I

Now, sir, you will be a little surprised, perhaps, inform you that this clause, so far from conferria executive power upon the Chief Magistrate, do confer upon him a single particle of power of any des tion whatever.

Now, sir, to show that this was not a mere occasional the system. opinion, but one which has been deliberately adopted as In the first place, it is affirmed that the President the true catholic exposition of executive power by the rives his power from that clause of the constitution w present administration, throughout all its branches and declares that the executive power shall be vested organs, Ibeg leave to pursue the train of evidence a little President of the United States of America." further. The gentleman from Tennessee asserts the same doctrine in the following words: "For," says the constitution, "the executive power shall be vested in a President of the United States of America!" The whole executive power is here vested in the President; and by another clause of the constitution, it is made the duty of A more monstrous and revolting heresy never w the President to "see that the laws are faithfully execu-vanced by any political party, than that this clause. ted." And the gentleman says in another place; but was designed for no other purpose than to designa the President, I affirm, is bound to see that all the laws title of the Chief Magistrate of the republic, should be are executed, and he cannot execute them but as he un- strued into an unlimited grant of executive power; derstands them." The gentleman finally adds: "Con- it be a grant at all, it is a grant without limitation. gress, it will not be pretended, has any power to appoint "The executive power shall be vested in a Presid the Secretary of the Treasury, nor any power to remove him from office, if his conduct shall not please them; nor would they possess any such power, even if they had passed a law conferring it on themselves!"

Now, sir, that there may be no doubt that this is the doctrine of the administration, I will produce another link in the chain of testimony, which carries it one leap further than the gentleman from Tennessee ventured to take, and furnishes us with the canon of interpretation by which this extraordinary doctrine is to be applied in all emer

What executive power, I beg to know? The exe
power of France or of England, of Russia or of Tu
Why, sir, the gentleman from New York answers
the most insinuating simplicity and unpretending
"all executive power.'
"This is the utmost that he c
"The very head and front of his pretension hath th
tent-no more."

And it is thus, that, by the potent magic of the doctrine of construction, throwing the "general w doctrine quite into the shade, a clause of the const

APRIL 4, 1834.]

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which the venerable simplicity of our forefathers supposed understands them," he had put it in the power of the heir to be nothing more than a mere title of office, is convert- at law to claim the whole estate, and then very impartially ed into a grant of executive power unknown to any pronounce judgment upon his own pretensions? monarchy on earth; for there is no potentate in the Sir, if these are the functions of the Executive Magisworld of whom we may not say there is some executive trate, well may the gentleman from New York inform us power he does not possess. The disciples of this new that they require "deep reflection and profound judg school of constructive executive power are not satisfied ment." Placed in the judgment seat, the final arbiter of that the President should be invested with such executive all conflicts for power with the other departments, he powers only as are contained in the express grants of the assigns to the legislative department its appropriate constitution, or as may be the necessary means of execu- limits, and makes his own sovereign will the measure and ting the powers thus granted; they will not consent that the limit of his own power. I will not permit this monthe executive power shall be limited down by the saluta- strous pretension to pass from me till I have given it a ry rule which all parties have concurred in applying to thorough investigation, and fully exposed its enormity. It the legislative power. Oh no, sir, we may not presume is a curious fact in our political history, that a party to say to that "6. august functionary, who, in the ca- should have risen up pretending to exclusive republicanpricious use of the veto power, has so often said to us, ism, and at the same time claiming for their Chief Magisshow us your specific grant for the power in ques- trate an illimitable extent of power, from a clause in the "His power must extend to the utmost verge of constitution which obviously conveys no power at all! the horizon of executive power, with no limitation but What, sir, are we blind? Are we so dazzled by the that which results from the nature and character of exec glare which surrounds the pageant we have placed at the ative power. Are not the gentlemen aware that all head of the Government, as to be absolutely deprived of political power, when brought into action, "is executive intellectual vision? its character?" Do they not know that free institu- If gentlemen will but step out of the magic circle of this ons have never been subverted by any other than execu- federal executive, and look into the constitutions of the tve power, whether wielded by a Rump Parliament or by States, they will perceive that these cabalistic words, single usurper? When Cromwell dispersed that Parlia-"the executive power shall be vested in a Governor,' ment, and Napoleon the Chamber of Deputies, did they are to be found in almost every State constitution, though But exercise powers which were "executive in their no one ever dreamed that they conveyed any power. character? Where, then, is the limit of executive These words are in the constitution of Virginia, where power under this extraordinary theory? As well might the Governor makes very few appointments, and in that Congress claim the power to consolidate the sovereign of South Carolina, where the Governor has no power States of this confederacy into one vast empire, by an act either to make any appointment or dismiss a single inof legislation, because the legislative power" is vested cumbent from office. The constitution of the State also in Congress, as to contend for this unlimited extent of contains these other talismanic words, which are held to executive power upon similar grounds. dissolve all the barriers of executive power, "he shall see But the gentlemen from New York [Mr. BEARDSLEY] that the laws are faithfully executed, in mercy;" yes, sir, affords us the consolation of believing, that if we are to be mercy, the glorious prerogative of a constitutional Chief tas juggled out of our liberties, it will be done accord- Magistrate, not vengeance, the odious attribute of an unto the most approved rules of the art of usurpation, constitutional usurper. But to return to another of the and with all the forms and solemnities of executive logic. propositions of the gentleman from New York: "We That gentleman has favored us with a syllogism which, have seen," says he, "that the legislative and judicial in the hands of that great expounder of constitutional char-powers are alike incapable of alienation, and of being exters, the President of the United States, will always enable erted through the intervention of agents. Not so with am to come to just such conclusions in regard to any dis- the executive power: vested and remaining in a single pated power he may desire to exercise as shall suit his magistrate! it may, nevertheless, be called into action by wn purposes, or as Cromwell used to express it, as he the agency of subordinate individuals." Sir, there is no sall "deem to be for the interest of the people." It is political proposition more self-evident than that Congress true, sir, that this potent syllogism of executive assump- cannot delegate its powers; that is, it cannot authorize ton is not original with the gentleman from New York. any other set of functionaries to make laws. But Jaw it in a well-written essay in the Richmond Enquirer, where, I pray, in what political school, did the gentleman dently from the pen of no ordinary man, and showing, learn, that because Congress cannot make a sub-delegaby a chain of coincidences, a general concert on the part tion of its powers, it cannot, therefore, "constitute 4 the republican party," to raise the Chief Magistrate agencies" to execute the laws which the constitution has save all constitutional restrictions. But to the syllogism. authorized it to enact? What, sir! are we school-boys in The gentleman says that we must first inquire whether the first form, to stand here and gravely argue such a or not a contested power is legislative? If it be not, then question as this? It is the very end, the appropriate and Whether it is judicial? If the answer be still in the nega- exclusive faculty of the legislative power, to create agenise, then it follows, as a necessary consequence, that thecies for executing its will. What is the whole of that power is "executive in its character," and of course be- vast executive machinery by which the operations of this 3 to the President. And thus the President of the Government are carried on, but such an agency? And nited States claims power under the constitution, as if it yet we are told that Congress cannot create an agency; Were the will of a dead man and himself the heir at law. and this doctrine is laid down as the platform on which is The other departments are mere specific legatees and de- to be erected the overshadowing structure of an absolute sees, and after they have been paid off, the whole re- power in the Chief Magistrate. Let us examine the sidiary mass of the estate goes to the President, either as re- principle which is involved in this extraordinary doc⚫ary legatee or heir at law! But, sir, there is a gravetrine. Where did it originate, and to what catastrophe elminary question to be settled before the estate can does it tend? The great principle which lies at the bot be distributed. Did it occur to the honorable member tom of this theory, is neither more nor less than that to inquire what judge was to decide any contest which principle of feudal despotism, which ascribed to the lord might arise among the parties to this singular distribution? paramount, as his property, not only all the lands, but all Has he forgotten that, by claiming for the President the the powers, and offices, and honors of the kingdom, to be Fght of substituting his judgment for that of all the granted out by royal charters, at his sovereign will and secutive officers, and of "executing the laws as he pleasure. All the executive power "vested and re

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divinities:

[APRIL 4, 1834.

maining in a single magistrate, but may be called into passive obedience and trembling homage of all the minor action by the agency of subordinate individuals." I beseech you, sir, to consider the consequences of this doctrine if carried out.

"Shakes his ambrosial curls and gives the nod,
The stamp of fate, the sanction of a god."

But, sir, to come down to a more practical view of this subject, I propose to pursue, a little more minutely, the train of argument into which I have been drawn by the extraordinary theory of executive power now for the first time promulgated in these United States.

The President of the United States is endowed not only with his own appropriate power-that of the Chief Executive Magistrate, sitting in the highest seat of authority, and waving his own sceptre--but he claims a proprietary right to the powers exercised by all the other executive officers of this mighty system, from the highest to the lowest, in all its ramifications and dependencies. Yes, The honorable gentleman from New York, by his exsir, the forty thousand agents who constitute this system, ecutive syllogism, has placed in the hands of the President do not exercise their own powers, in obedience to the of the United States a political lever more powerful than will of the law-making power and in trust for the people, that of Archimedes. Sir, that great mechanician, exulibut they exercise the powers of the President, in trusting in the discovery of a new principle in mechanics, is for the party, and in obedience to the will of their sove- said to have exclaimed, "Give me a place to stand upor, reign lord and master! Is it not so, sir? What a mon- and I will move the world." So may the President ex ster, destitute of form and comeliness, do you thus make claim, with this potent syllogism in his hand; and his of the President? You concentrate in him all that is friend from Tennessee very opportunely steps in and odious in history and monstrous in fable. You make him supplies the desideratum which Archimedes never dis a hydra with fifty thousand heads, and a Briareus with a covered. Yes, sir, in an insignificant clause of the conhundred thousand hands. I must invite the attention of stitution, the mere title-page of the executive powerthe House, particularly, to the idolatrous strain in which spot on the disk--he has found the place upon which the the gentleman from New York speaks of the theoretical fulcrum of this mighty lever is to be placed; and, at a omnipotence of the President, while he admits, in a tone single sweep of the beam, the whole constitutional fabric of lamentation, as if he regretted the dispensation of of this Goverment may be toppled into ruins. Providence, that the physical faculties of "that high The gentleman from New York, who has favored us functionary" are in their nature limited. "Upon the with so many new views of the theory of government, President devolves the high duty of seeing that all the seems to have been laboring under some extraordinary laws, of every description, and in every part of the coun-influence, which has thrown into all his leading proposi try, are faithfully executed. Such is the nature of the tions an ambitious spirit of paradox. executive trust, such the plain terms of the constitution. After asserting that the legislative power was in its naWere the human faculties equal to the task, the whole ex-ture unalienable, he goes on to remark that it is not so ecutive power might be executed by one man. But this with the executive power. That the legislative power is impossible. No man singly and alone is capable of cannot create an agency to carry its will into effect, but these things." What a melancholy reflection! that the that the executive power is subject to no such limitation. President of the United States, who is thus shown to be Sir, if he had taxed his ingenuity to the utmost, he could constitutionally omnipotent, should not have been endow-not have formed a proposition in more direct contradic ed with the attribute of ubiquity! Is there no "fond tion to the truth of the case.

From what book did the idolater" who will supply this desideratum in the dispen- gentleman from New York learn that the President of sations of Providence, and, by some combination of ma-the United States, by virtue of his constitutional power, chinery and steam, complete the living apotheosis of an has a right to create an agent to execute his will, or for omnipotent President, by adding the faculty of omni- any other purpose, except where he is especially author presence? ized to do so by the legislative power? Who ever before

Sir, there is something alarming in the apparent and heard of an executive agent, meaning by that an age undisguised idolatry of these political doctrines, and in created by the President to execute his will, instead of the circumstances and signs of the times in which they are being created by the legislative power to execute its will promulgated. I have said that the power claimed for our or in other words to execute the law? If the President republican Chief Magistrate transcended the power of possesses this inherent right, we should speak of him s any monarch in Christendom, constitutional or unconsti- our "dread sovereign!" But it is not only untrue tutional. I now go further, and assert that it is a power, point of theory, that the executive officers of this Gotin some of its attributes, unknown even to the mythology ernment are, as they have been represented, the arms, of the Greeks and Romans. According to that system, and the eyes, and the instruments of the President; bu the different portions of the universe, and the various it is true that the President himself, and all the executi departments of human affairs, were assigned to different officers who are associated with him in administering the divinities, each acting in his appropriate sphere, and upon Government, are nothing but the instruments of the la his separate responsibility, to the decrees of fate which making power in executing the will of that power. The constituted the fundamental law of the system. Jupiter President of the United States, it is true, is clothed w reigned in Olympus, Neptune over the ocean, and Pluto two different classes of power, clearly discriminated from in the regions below. Apollo presided over the arts, each other. With the concurrence of two-thirds of the Mars over the affairs of war, and Minerva over those of Senate, he exercises one branch of the law-making power council. But, sir, the Jupiter of this new system of po- the power of making treaties; and, as to that, he sta litical idolatry, not satisfied with holding the exclusive in the same relation to the diplomatic officers that dominion of Olympus, darts from his empyrean height, gress does to all the rest, except that he cannot pay the like a baleful comet dashing wildly through the heavenly without a law fixing their salaries, and making an appre spheres, invades the provinces and usurps the powers of priation for it.

all the other gods--snatches from Apollo his arrows, from The treaty-making power is, in a certain sense, a law Neptune his trident, from Mars his lance, from Minerva making power. That power is vested in the President her impenetrable ægis, from Pluto his consuming fires, of the United States and the Senate, two-thirds conc from the Furies their scourge, and from the Fates their ring, and all those whom they may appoint in the execut shears--and thus holding in his hands the issues of life tion of that power are, in the sense in which gentleme and death, and brandishing the armor of the whole Pan-have used the terms, executive officers, responsible to theon, he proudly challenges what none dare refuse, the President. But this executive power goes no further

APRIL 4, 1834.]

The Public Deposites.

[H. of R.

Every other power which the President can exercise, this right of dismissing from office is a constitutional right under the constitution, is a power exercised by the author- or a right derived from the law. The distinction is allity of the law, and under the law. He cannot raise his important. I must think that those gentlemen who have finger without the authority of this legislative power which, expressed the opinion that the President of the United it now seems, is to be trampled in the dust, and denied States derives this right of dismissing from office from even the power to create an agency! Why, sir, can we the constitution, and that the law cannot take it away not, before the sun sets this very day, strike from exist- from him, have expressed the opinion inadvertently, ence the whole of this executive machinery, the heads and without due reflection. Is it not evident, Mr. Speakof departments, the army, the navy, the judiciary, and er, that it is the very essence of legislative power to all; leaving the President to wave his barren sceptre over create officers, to prescribe their duties, to fix their the solitude? And can we not, before the setting of to- tenure, and to determine what kind and degree of malmorrow's sun, rear up another fabric as powerful and as versation shall be a sufficient ground for dismissal from splendid? And yet the legislative power has no right to office? And yet, if we were to attempt to fix the tenure create an executive agency! of any executive officer, we should be immediately inMr. Speaker, this is not a mere abstract question. It formed by the President, who assumes the sole right of sa grave and solemn question, practically and intimately final arbitrament on these great questions of jurisdiction connected with the operations of our political system. between the legislative and executive departments, "hands Cut that connexion which binds the executive officers of off, gentlemen, this is a matter with which you have no this Government to Congress; destroy their responsibility right to interfere; it is a power executive in its characto the law-making power; let them cease to be the agents ter,' and, therefore, belongs exclusively to me." I think it of the law, and make them the instruments of the execu-highly important that we should assert our legislative rights twe will, and what then, I ask, is the legislative power in relation to this important subject, because the time is Where is it? Why you may as well talk about the power rapidly approaching when every man of reflection will a sleeping man to rescue himself from the danger ap- perceive the necessity of interposing the legislative power prehended in a dream, as to talk about a legislative power to rescue the country from the corrupting influence of which has no means—no practical and efficient means-to the power now claimed and exercised by the President. execute its will. Indeed, sir, I am deeply impressed with the conviction, But we are told, however, that the President of the that this power should be forthwith interposed; and that United States is invested, by the constitution, with the every federal officer, from the highest to the lowest, power of executing the laws of the Union; and this clause should be made to feel that he holds his office by a tenure has been the subject of as much misapprehension and less precarious than the mere arbitrary will of one man. Lovel doctrine as the one to which I have already alluded. I cannot doubt that, under the constitution, Congress It is a clause found in the constitution of every State in may pass a law prescribing that the judges of the Suthe Union; but it was never before interpreted as con-preme Court, for example, shall have the power of disVeying to any Chief Magistrate a discretionary power over missing their ministerial officers, and I should be glad to the law. How, then, is the President to execute the laws see such a law passed by way of commencement. Though of the Union? By an inherent power of his own, with the legislative power can exert no control over the apach agents as he may deem proper, on such occasions pointment, it may so regulate the disinissing power as to and under such circumstances as he may deem expedient? form a salutary check on that of appointment. It cannot No, sir! He is to execute the laws by the means, in the be doubted that Congress may provide, by law, that the maaner, and under the circumstances, that the law-making representatives from each State shall have the power of power shall provide and direct, and none other. Precise dismissing all federal officers within the limits of their ly as the marshall of the United States executes the judg- respective States. ments and decrees of the Supreme Court of the United There is no limit, indeed, to the legislative power in States. This clause of the constitution is analogous to a fixing the mode, manner, and cause of dismissal. It may decree of the people, ordering the President, who, in provide that all executive officers shall hold their offices the respect, is nothing more than the grand marshal of during good behaviour, and be liable to removal only on the republic, to see that the laws are executed by such conviction by a jury of malversation in office. Beans, and such means only, as Congress may provide. But how is it inferred that Congress has no such power? In fact, sir, it is an injunction of obedience to the law-Why, says the honorable gentleman from Tennessee, the making power. constitution, in prescribing that the judges shall hold their But, sir, I pass on to the great question of the appoint-offices "during good behaviour," raises the necessary impower, and the connected power of removal from ice. What is the power of appointment? And what does it involve? The power of appointment begins and ends with making the appointment. I am utterly at a loss to conceive how the idea ever obtained currency, that the President of the United States had the inherent, constitutional power, of dismissing an officer from his place. Where is this power to be found? The constitution says, that, with the concurrence of the Senate, he shall make all the appointments. Upon what principle of construction ait, then, that the power of making the appointments involves the right of dismissing from office, as a constitu- I have deemed it important to speak thus distinctly on tional right, paramount to the power of Congress? It is the dismissing power, because I have a deep and solemn an established rule of construction, in regard to the legis- conviction, that if Congress does not interpose, speedily live power, that, wherever a power is expressly grant- and effectually interpose, on this subject, the day is not ed, all the powers necessary for its execution are involved distant when this Government will sink into deep corrup by implication. But how can it be maintained that dis- tion and absolute monarchy. Have you considered, sir, assal from office, which is necessarily subsequent to the the peculiar situation of the United States in relation to appointment, is an appropriate means of enabling the this subject? Have you reflected upon the difference be President to execute the power of making the appoint-tween our situation and that of every other people upon Tent? Nor is the question an immaterial one, whether the face of the earth? The fact is notorious, that, in Eng

plication that all other officers shall hold their offices by the will of the President! This is certainly a most jumping conclusion, and I am utterly incapable of comprehending the logical process by which the gentleman arrives at it. The fact that the judges are declared to hold their offices during good behaviour, raises no implication at all as to the tenure of other officers, but leaves them to be regulated by the legislative power, which, only, is competent to create them. It is a restriction upon legislative power, and the extent of that restriction is the extent of the provision in favor of the judges.

H. of R.]

The Public Deposites.

[APRIL 4, 1864.

land, when a change of ministry takes place, all the sub-conscience, and who are the usual channels through which ordinate officers of the kingdom feel themselves as firmly the favor of the people is dispensed in these latter days.” seated after the change has taken place as they were be- Have we not already seen the ominous signs of this ap fore. But what is the case here under our system of an proaching catastrophe in our own heavens? Contemplate, elective Chief Magistracy? If you bring all the offices of without apprehension if you can, the spectacle recently this Government into the political market as the legitimate exhibited in the State of Ohio; read the proceedings, and "spoils of victory;" if every aspirant to the presidential analyze the composition and character of that extraordioffice inscribes upon his banner this celebrated motto to nary and self-constituted convention which assembled to. animate his partisans, is not the whole mass of the offices gether for the purpose of nominating a successor to the and patronage of your Government converted into a present Chief Magistrate. And although this administramighty fund of corruption, sufficient to purchase an im-tion came into power under a solemn pledge to redeem perial crown, and which no human contrivance can per- the popular clections from the tampering influence of of manently resist? fice-holders, yet this convention, two-thirds of which conMr. Speaker, the immense patronage of this Govern- sisted of office-holders, notoriously proceeded under the ment, under this new doctrine of the absolute right of banner of the Chief Magistrate to nominate his successor; every new President of the United States to discharge all and the voice of this mercenary assembly has been hailed, the incumbents from office at his mere will and pleasure, throughout the ranks of the faithful, as the voice of the to make way for his partisans, is a power i would not trust people, or, what seems to be of still higher authority, the in the hands of an angel, if there were an angel in human voice of the " "party."

form. Yet, strange to say, this arbitrary power is claimed I will now advert to another sign, which I have deeply for the President by the honorable member from Tennes- regretted to perceive, and which I cannot but regard as see, as the means of securing and enforcing his responsi- one of the most fearful indications of these inauspicious bility to the constitution and the laws! A standing army times. What have we seen in the great State of Pennof executive retainers, made absolutely subservient to the sylvania, heretofore standing proudly pre-eminent among will of their master, is truly a most notable contrivance the States of this Union, and justly regarded as the key for securing the responsibility of the President of the stone of the Federal arch? Do you recollect the political United States! When Tiberius collected together the history of that State for the last twelve months? Little Prætorian bands, scattered as they were over the empire, more than that period has elapsed since her Legislature concentrated them in a single camp in the city, and placed resolved, by an almost unanimous vote, that it was both them under the command of his celebrated favorite, the constitutional and expedient to recharter the Bank of the Prætorian prefect, did he ensure his responsibility to the United States, and instructed their Senators and requested Roman people by making that army thus dependent on their Representatives here to use their efforts to effect his will? that measure.

by the French grenadier who dispersed the Chamber of Deputies-"the General has given orders"-entirely change its position in regard to the great question so deeply involving the vital interests of the State. I cannot believe that the Legislature is a true exponent of the sen

And pray, what was the power even of that army in And yet we have seen that Legislature, with no earthcomparison with that which you propose to establish? Ily reason to justify the change but that which was given beg gentlemen to reflect that this standing army of civil officers is scattered over the Union, occupying all the commanding points and influential positions, and exercising a power infinitely more controlling and irresistible over the popular opinion than ten times their number of soldiers. Cast your eyes over the "blue book" of this timent of the people. republic, now rising in envious rivalry with the "red book" of England, and contemplate the frightful cata-the President should be delirious with power, when he logue of this standing army of mercenary dependants, which this theory of yours will create.

"A multitude, like which the populous North
Poured never from her frozen loins, to pass
Rhine or the Danube, when her barbarous sons
Came like a deluge on the South, and spread
Beneath Gibraltar to the Lybian sands.'

But however that may be, is it at all surprising that perceives the magic of his influence illustrated by such extraordinary effects? He has almost literally realized the vision of the madman, who ascended a lofty moun tain, surveyed from his proud pre-eminence the almost boundless horizon, and, swelling with the conception that he swayed the sceptre of universal empire, exclaimed in a voice of authority, "kingdoms, to the right about

What reflecting patriot can contemplate this mighty face." Yes, sir, "the General has given orders," and host of executive janizaries, more terrible than an army they have obeyed; and I trust in God that the sovereig of northern barbarians stimulated by the hopes of plun- people of the ancient and venerable Commonwealth d der, without a profound sense of alarm and apprehension Pennsylvania will not be as subservient as those who hart for the fate of our institutions? They are in the midst betrayed her interests and proved recreant to her prin. of us; they insinuate themselves into our sanctuaries; ciples. amongst our domestic altars and household gods; and, under artful disguises, and by incessant and untiring efforts, obtain a control over public opinion by contaminating its very sources and elements.

Let us no longer delude ourselves with the vision of freedom, if such be the power of one man. Is it the Crown that makes the King, Mr. Speaker, or the scep We have seen how tre? Is it the mere pomp and circumstance of power, in other countries similar means have been employed to the substance of power, unlimited, uncontrollable power, effect the purposes of ambition. When Oliver Cromwell that makes the despot?

was preparing to subvert the liberties of England, it was I say unto you, sir, and to the gentleman from Ter his custom to say, at each successive advance in his pro- nessee, whose integrity of purpose commands my re gress, "This power is not of my seeking. It came to spect, that, let him firmly establish this theory of Execu. me from God, by the choice of the army, the usual chan- tive omnipotence and official dependance, and connect it, nel through which the divine mercies are dispensed to the as it is doomed to be connected, by all the laws of politi nation in these latter days!" And how long will it be be- cal affinity, with that system of party discipline which is fore some American Cromwell, elevated to the throne of so admirably exemplified in a certain political school empire by this army of political saints, shall say to us: which holds its deliberations under the auspices of a saint "This is not of my seeking. It came to me from the not known, I believe, to the Christian calendar-once people, by the choice of those disinterested patriots who hold offices and serve the country purely for the sake of

* St. Tammany.

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