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[APRIL 2, 1830. down the Government. That is a question of force. The I conclude that, from the will of the majority, constitur majority can no doubt destroy a government, as easily as tionally expressed, there is no appeal but to the ultima make it. A majority of the numbers are presumed to ratio populi. have a majority of the force, and therefore the minority I saw, or I thought I saw, rising in this country, a submit to be governed by them, to avoid an appeal to force. party, under a new and popular appellation of democratic But a minority can no more destroy the Government than republicans--a sort of ultra republicans, more pure and they can make one; much less can a single State in a con- more wise than the great republican party that has adfederacy claim the right to control and counteract all the ministered this Government for near thirty years; which, other States, unless that power has been conceded to each under the specious name of State rights, is waging á of the members of the Union by the compact, which is war upon the Union--ipon the constitution--upon the su. not pretended in this case.
preme Court, and upon the different sections and interests This Government was formed with all the checks and of the country; which denies to the General Government balances that were deemed necessary to protect the mino- power to protect domestic industry, to make internal imrity, whether of the people or of the States. This dispo-provements, to charter a bank, and even power to prosition to the exercise of power in the head, and the ten-iect itself-a party which, by connecting itself with the dency to resistance in the members, was well understood. dominant party, is aiming, through that influence, to obPropositions were made to protect the minority by addi- tain the ascendancy, and establish its principles. tional guards; by requiring the concurrence of two-thirds. Sir, we are told that this is to become the true republican This was rejected in all cases, except in the ratification of doctrine, which consists in restricted construction of the treaties, and in amendments to the constitution.
constitution, and denying to the General Government eveThe principle of requiring more than a majority had ry essential power, and every beneficial use of it. This been tried under the confederation. It was found to par-party is composed of the fragments of all parties: the dealyze the arm of Government; to take from it all energy, Imocracy of the North, as it is ostentatiously called by all ability to exert its own power, and to render it weak way of pre-eminence, with federalists
, and radicals, and and inefficient. It is now said that “constitutional go-liberals, of the South; and the real republican party, by vernment and a government of a majority are utterly whom all these great measures of the country have been incompatible; it being the sole purpose of a constitution carried, are to be pushed out of place. Indeed, sir, we to impose limitations and checks upon the majority. An are told that we are in favor of unlimited powers, and uncontrolled majority is a despotism; and government is overstrained constructions of the constitution. In fine, free, and will be permanent, in proportion to the number, there is a new set of republicans, with a new creed, and complexity, and efficiency, of the checks, by which its higher tests, that will leave us, and all those with whom powers are controlled.”
Without entering into any dis- we have acted, the old republican party, far behind. What cussion upon this abstract theory of government, which is to become of the democracy of New York, Pennsylvahas puzzled the wisest heads and confounded the clearest nia, and all the West, that have advocated these doctrines? understandings, it is enough to say, that this is an objec. What becomes of your several republican administrations, tion to all governments, and to the principles of the con- under which these laws passed? Where was the republistitution, which is not more perfect than any other human can party then? invention, but is, perhaps, quite as free from error and dif The tariff" was passed among the first acts of this Goficulty as any other system that could be devised, and more vernment, bearing on its title protection to domestic inperfect than any one which the States would now adopt: dustry; no objection was taken then, although many memfor no majority will consent to be controlled in the exer-bers had justo taken part in the convention. This was a cise of their powers by a complicated system of checks. cotemporanecus construction of the constitution. When But the objection to the power of a majority is as good the celebrated report of General Hamilton was written, against all oppressive laws as against unconstitutional laws. he was certainly not aware that the power of the Govern
Whatever defects may appear in the theory, in the ab- ment to encourage, by duties, the system of manufactures stract it must be confessed, it has preserved, so far, do. he recommended, could be doubted. mestic tranquillity, provided for the common defence; it This system of protecti on has been recommended suchas regulated commerce, carried on war, made peace, es- cessively by each of the Presidents. The tariff of 1816 tablished justice, and formed a more perfect union. In was laid with a view to revemie as well as to sustain the fine, it has overcome every difficulty, and surmounted eve- manufactures which had arisen during the war. ry obstacle; it has proved itself adequate to all the pur The double war duties, and the difficulty of procuring poses of a great empire in peace or war.
supplies, and the consequent higli prices, had encouraged Beyond this Union I do not venture to look; beyond extensive establishments of manufactures, which, upon a that, all is darkness,
return to peace, and to regular commerce and ordinary I have thus endeavored to show (said Mr. J.] that there duties, would have been overwhelmed by foreign compe. exists no cause of sectional jealousy or prejudice, but stition. Besides this, all saw that the real independence of every motive of interest and patriotism, to cherish the the country required that the principal necessaries of life, most friendly feelings and amicable sentiments among the of which we had the raw material, should be produced at people of this Union.
home, and it was upon these grounds the tariff of 1816 I have endeavored to show that this Government was was recommended to the American people. It was arguinstituted by the people of the several States for greated that the protection of manufactures was necessary to national purposes; that over these they are sovereign. security; that without tiem industry would be without the
That the States are not alone parties to the compact, means of production; that manufactures, agriculture, andi and consequently have not the right to annul the laws; commerce, combined, were indispensable to a flourishing and if they had, the Government would be impracticable. state of the currency and the finances; that a system of
That the Supreme Court was instituted to decide all internal Improvements should be added; that liberty and controversies in which the United States are parties. union were inseparable; that disunion comprehended al
That there is no authority for this nullifying doctrine; most the sum of our political dangers. I refer to the on the contrary, the most distinguished names are express- speeches in Congress at that session. These consideraly against it.
tions dictated the letter of Mr. Jefferson to Austin. (Es. That there is no precedent to justify it: the resolu-tracts of some of which are subjoined.] I have only time tions of Virginia and Kentucky being intended only as to allude to this subject, and to say the tariff has been appeals to the other States to repeal the obnoxious laws. several times before Congress, under different administra
APRIL 2, 1830.]
(Sexatx. tions, and has received the support of the main body of though it was an implied power against which there was the republican party, and to refer to the decisive opinion great jealousy, and the necessity of the bank not so pres. of Mr. Mad son.
sing as it has since become to the operations of the Govern. Sir, the system of Internal Improvements has now be- ment, and to the greatly extended commerce and exchange come more an object of resistance than any other power of the country. of the Government. Yet, all acknowledge that it produ This charter was renewed in 1816. It was carried by the ces beneficial effects; that the General Government has ex- leaders of the republican party, upon full debate. It has clusively all the means afforded by commerce for all the been since that time in successful operation. It has received national works necessary to facilitate the intercourse, so- and disbursed more than three hundred millions of the pub. cial and commercial, among the States; that their power lic money. It has performed all the financial operations of and means are inadequate; that, while you have exclusive the Government. It has distributed a large real capital into authority to form harbors, deepen channels, erect light. different sections of the country. It has restored a sound and houses, and do every thing external which is necessary or uniform currency, and a medium of exchange safe and ecouseful to aid the foreign cominerce of the country, you have nomical. Sir, at the conclusion of the war the statesmen of no power to make a road or a canal, or any thing internal this country turned their minds inward upon the internal poly useful to benefit the commerce among the States, al- licy of administration. Taught by the experience of the wants though the latter is an hundred fold more extensive and and suffer.ngs of the people during the war, they saw the more valuable than the former. Sir, it is not my purpose necessity of changing the laws and adopting a wiser system to speak of its constitutionality, or of its utility; but to show of policy. This system consisted of protection to domesthat this system has been devised and brought into activity tic industry; in opening communications between the difby the republican party.
ferent sections of the country; encouraging internal as well Among the first things that strike us was the early at- as external commerce; the payment, by gradual contributention of General Washington and Mr. Jefferson to the tions, of che public debt; the restoration of a uniform, necessity and practicability of connecting the Atlantic with sound currency, and a medium of commerce and exchange. the West, either by the Potomac or the Hudson; and among This system was devised and carried into effect by the the first acts of Congress were resolutions for a mail road leading members of the republican party, who had carried through the States to the Southern extremity. A compact us throug, the war. Sir, I hold in my hand extracts of was entered into with the Northwestern States to appro- several speeches at that period, that fully illustrate what I priate a portion of the proceeds of the public lands to have said, but I have not time to read them now. making a road leading towards those States, under which But, afler this system has been adopted and carried into the Cumberland road has been made, and will be continu- effect by all branches of the Government, while they have, ed to Missouri, commencing under Mr. Jefferson, and re- at every session since, received the approbation of Con. ceiving appropriations under each republican administra- gress, and the uniform sanction of a majority of republition since.
can States, it is said the General Government, “ by its deIn looking into the Record, I perceive that,
mocratic agents, has been, in the main, adhering to one “At the session of 1817-18, a Committee of the House construction, a strict and rigid construction;" and we are of Representatives submitted a report, in which this pow- gravely asked, if our judicial agents have not been, with er is expressly claimed under the constitution; and on the constancy and silence, adhering to a different construction, 14th March, 1818, the sense of the House, after a discus- and sliding onward to consolidation. The court can do no sion of many days, was taken upon the following naked more tian sanction the constitutionality of acts of Congress; resolution:
they cannot create power; they can only exercise the pow“ Resolved, That Congress has power, under the consti- er conferred on them; they cannot create laws; they can tution, to appropriate money for the construction of post only approve. There has been at no time a majority in roads, military and other roads, canals, and for the im- either branch of the Legislature in favor of a construcprovement of water courses."
tion so strict as to deny the Government the power to proThe resolution having been adopted, Yeas 90, Nays tect comestic industry, to make appropriations for national 75--the Record proceeds:
improvements, or to charter a Bank of the United States; “Mr. Lowndes then remarked that, after the decision nor were these ever considered as the test of the republiof this House this day, there could be no doubt that a large can party; majority of the House entertained the conviction of the There has been, at all times, since the independence of power of Congress to appropriate money for the purpose the country, a party founded in principle, intelligent, honof constructing roads and canal.. The sense of the House est, and patriotic; who had doubts and fears of this Gov. being thus ascertained, and the obstruction removed to ernment. They opposed its adoption; they have steadily any proposition embracing that object, he moved that the resisted it in the exercise of its powe.'s; they have been alreport lie upon the table.
ways embodied, always firm and consistent; but they ne“ The motion baving been agreed to-
ver constituted a majority of the republican party. These “Mr. Tucker, of Virginia, reported a bill making fur-measures have become the settled policy of the country, ther appropriations for the Cumberland road.
and no matter by what popular names you may address “of the seven Representatives from South Carolina, yourself to the people, they will look to the great interwho voted on this question, four, viz: Messrs. Lowndes, ests involved in the principles of these parties. It is not Middleton, Ervin, and Simkins, voted for the resolution the momentary success of a political chiet, or the triumph against it, Messrs. Bellinger, Earle, and Tucker.
of the leaders of a party, or the distribution of the honors “Of the Georgia delegation, two-thirds were in its fa- and favors of the Government among the active, restless, vor--Yeas, Messrs. Forsyth, Abbot, J. Crawford, and Ter- and violent partisans, that will reconcile the body of the rill-Nays, Messrs. Cobb, and Cook.”
people to the sacrifice of their great and essential interAppropriations have been annually made since, for va-ests: they will be no longer amused by names; they will rious objects of this kind, and advocated by the leading look to principles, to things, to realities, to the effect of men of the republican'party.
the Government upon their prosperity and happiness. The Bank of the United States is also another danger But, in claiming these powers, they do not claim the ous and unconstitutional exercise of power; and yet, in right to exercise them injuriously or oppressively on any 1792, at the commencement of the Government, before par. porton of the Union. They must be exercised with great ties had time to assume a very decided form, the charter Wisdom and moderation. The Government must be felt was passed, thirty-nine to nineteen, nearly two to one, al- ' n its beneficial effect upon the country.
Mr. Foot's Resolution.
(APRIL 2, 1830.
The public debt will be paid. We shall remove seven try as this, without absolute despotism. Compared to such or eight millions of duties on articles, mostly of prime ne- consolidation, small confederacies are little evils, though cessity, not made in the country. This will so far relieve they ought to be recurred to but in case of necessity." the people, and remove a portion of the tax upon labor; 142. “ I call for an example of a great extent of counmany manufactures will, by that time, have obtained a de- try, governed by one Government, or Congress; call it what cided ascendancy; errors will be discovered in the tariff; you will. To me it appears there is no check in that Goand a general and beneficial modification may take place, vernment: the President, Senators, and Representatives, under a prudent and moderate spirit of conciliation. Such, all immediately or mediately are the choice of the people. I trust, will be the happy issue of this contest. Under Tell me not of checks on paper, any modification, however, there must be a surplus, a por “Without real checks it will not suffice that some of tion of which may go to great national improvements: thethem are good. A good President, or Senator, or Repre. sum annually required for these objects will be compara- sentative, will have a natural weakness, virtue will slum. tively small.
ber, the wicked will be continually watching, and conseThe Bank of the United States is not dangerous or in- quently you will be undone. Where are your checks." jurious; on the contrary, it has exercised a most salutary “Nobility would not be so dangerous as the perilous influence upon the financial and commercial affairs of the cession of powers contained in this paper. When you give country. But do those gentlemen who see danger in the power, you know not what you give.” bank, see none in a great National Bank, founded on the “We ought to be extremely cautious, in giving up this revenues and credit of the Government, in the hands of a life, this soul of money; this power of taxation, to Condominant party, with immense capital and unlimited pow-gress. What powerful check is there here, to prevent the ers? They see no danger of this political machine, by most extravagant and profligate squandering of the pubwhich the distribution and management of fifty millions of lic money? What security have you in money matters?" doliars will be placed in the bands, not of sta:esmen, but 144. Objects to the Federal Judiciary operating over of a divan at the capital, with five hundred agents, select the whole country, and on the people. “Are we not ed for their wealth and influence, stationed at the great told that it shall be treason to levy war against the United commercial points, with power over the fortines of the States, and a man may be dragged many hundred miles, whole community -a controlling power capable of wield. to be tried as a criminal.” ing every other power! They see no danger in this aug: “ There are to be a number of places fitted out, for armentation of Executive patronage, now exercised with senals and dock yards, in different States; it results that such dreaded effect: no danger from this fatal instrument you are to give into their hands all such places as are fit of political corruption: no danger from this pctent engine for strong holds--fortifications, and garrisons, and magaof political vengeance! They see, without alarm, this tre-zines, and depositories of arms." mendous power sweeping over the States, touching every 145. “ Arming, organizing, and disciplining the militia." man; controlling every interest; regulating commerce; 145. “Congress, by the power of taxation, by that of raissubsidizing the press; seducing public men; subduinging an army, and by the control over the militia, have the public opinion, and corrupting the principles of Govern- sword in one hand, and the purse in the other; let him canment; not only wielded by the actual administration, but didly tell me, where and when did freedom exist
, when a prize to be fought for by the parties that already disturb the sword and the purse were given up from the people' and distract the country, and menace the Union. Unless a miracle in human affairs interposed, no nation
Sir, (said Mr. J.) we have heard much of the history of ever retained its liberty after the loss of the sword and parties and their principles. Sir, I desire to set that right the purse.” before the Senate. At the formation of the constitution, 146. “We are told that this Government, collectively there were many statesmen and patriots, who were in fa- taken, is without an example; that it is National in this part, vor of the confederation, and of preserving the pover and and Federal in that part. The Senators are voted for by equality of the States: but they have seen so clearly the the State Legislatures--so far it is Federal
. Individuals evils and defects, as well as the total inefficiency of that choose the members of the first branch-here it is National, Government, that a majority were in favor of establishing It is Federal in conferring general powers, but National another, to exercise powers necessary to the protection of in retaining them.” all the States. There may have been a few who prefer “It is not to be supported by the States—the pockets red a stronger Government: some perhaps a moparchy. of individuals are to be searched, for its maintenance
. What This constitution, which was known to be an experiment, signifies it to me that you have the most curious anatomithe operation of which could not be foreseen, was the re- cal description of it, in its creation. To all common pursult of a compromise of all those opinions. This Govern- poses of legislation it is a grand consolidation of Government was a new creation in the political world; it vas na ment. Under this system, he says, there were no powers turally and necessarily an object of fear, and jealousy, and left to the States, but to take care of the poor, and mend distrust, by the people of the States.
the highways,” &c. Sir, I hold in my hand extracts from the speech of Pa 147. “I beg gentlemen to consider: Is this a Federal trick Henry, in the Virginia convention for the adoption Government? Is it not a consolidated Government for all of the constitution. The most zealous and eloquent op- purposes almost? Is the Government of Virginia a State
Government after this Government is adopted?" “We, sir, want no such project as a grand seat of go “The Congress can both declare war and carry it on, vernment for thirteen States, and perhaps for one hundred and levy your money as long as you have a shilling to States hereafter.”
pay.” Page 140. “Far better would it be for us, to conti 149. “Congress has a discretionary control over the nue as we are, than to go under that tight energetic Gov-time, place, and manner, of elections.”
I am persuaded of what the honorable gentle. Consolidation was applied by the opposers of the conman says, that separate confederacies will ruin us: in my stitution to that instrument. These quotations from Pajudgment they are evils never to be thought of, till a peo- trick Henry show his understanding of it. General Washple are to be driven by necessity. When he asks my opin- ington used the word in the same sense-consolidation of ion of consolidation of one power, to reign over Anerica the Union. with a strong hand, I will tell him, I am persuaded of the But, sir, this constitution was ably defended, in the conrectitude of my honorable friend's opinion, (Mr. Blason] ventions, in the public papers, and by the most eminent men that one Government cannot reign over so extensive a coun- of the time, and was finally adopted and put in operation.
ponent of it.
APRIL 2, 1830.]
Mr. Foot's Resolution.
In the execution of the powers of the Government, iting and freedom of action which belongs to our instituwas natural that those who had opposed the delegation of tions. There are two parties in every free country, which, power to the General Government should rally as a party, by whatever name they may be known, or whatever printo resist or restrain the exercise of them; while others ciples they may profess, contend for the power of the although friendly to the new Government, were willing to Government. It is a contest between those who govern guard the States against the possible danger of encroach- and those who are governed; between those who are in ment. These two classes constituted the body of the op- and those who are out; the King's ministers and the peoposition to the two first administrations.
ple; the court and the country: the administration and the opThis early period of the Government was marked by position; sometimes contending for principle, but always two extreme ultra opposite parties, both equally zealous for power, patronage, and place; those who are in, geneand patriotic, but both equally wide of the true under- rally claiming power; while those who are out, as steadily standing of the constitution, which reason and common resist its pretensions and its encroachments. It has besense has since set right, and both have disappeared. come an established maxim, that whigs in power became
Among those friendly to the administration, who, no tories, and tories in opposition became ultra wbigs, until, doubt, contributed much to prejudice the public mind in the course of sixty years, the tories disappeared or beagainst the Government, were a few who believed in the came blended with the whigs--as the federal name will benecessity of a stronger Government, and who main- come in time extinct, or blended with new parties as they tained that the words “general welfare” were a sub- arise. The whigs, when left free, when the opposition stantive grant of power. There was, on the other hand, was withdrawn, divided (as all parties will) into different a party, but few in number, wo maintained that the pow- parties, under the popular titles of refermers and radicals, er was limited by the express grant; that it could not be emanations of the whigs, always claiming to be the real enlarged by construction, or increased by implication. friends of liberty and of the people; as we have seen the But neither of the two parties who divided the country radicals and liberals springing out of the republican party are chargeable with the extravagance of these opinions. here; and in twenty years after the triumph of that party, They both knew that the Government, instituted for great we see them arrayed against each other, under five or six purposes, must have commensurate powers; that it must different leaders, as we see the opposition benches in Enghave the right to inake all the laws necessary and proper land now composed. The same thing has occurred in to carry the Government into effect. The one was dispos- France. The exclusion of the liberals left the royalists in ed, perhaps, to enlarge the construction, the other to limit possession of power and without opposition; having it. This difference of principle was more distinctly illus- no common enemy to hold them together, they im. trated at a subsequent period, when the republican party mediately divided; and, at length, the two extremes of itself separated; a portion of them became radicals, and ultra royalis's and liberals being thrown together in the the other liberals; both running into extremes, and both oppusition, united in favor of liberal principles, just as we pushing each other into extremes. They waged a war of have seen the two extremes of radicals and liberals unite some violence against each other: both aimed, under their for a common object, and become extreme radicals. respective leaders, at the power of the Government. The The republican party have had the Government in their main body of the republican party occupied the safe hands for thirty years, while the federal party had it but ground between them. They both failed, because they twelve. Let us enter into a comparison of the measures pushed their doctrines to an unreasonable and impractica- of the two parties. ble extent; these will divide the politicians, and form a The bill incorporating the Bank of the United States line of separation, until the principles are settled by re- passed in 1792, by a great majority; of thirty-nine votes, peated decisions, and confirmed by time. I will quote eleven were republican. In 1811, the bill was rejected; some of the declarations of public men in the first Congress: in 1816, a great change had been made in public opinion,
Mr. Madison objected to this amendment, “because it and it became a law, and its constitutionality was deterwas impossible to confine a Government to the exercise of mined by the Supreme Court. In 1829, the President express powers; there must necessarily be admitted pow-makes the following communication: ers by implication, unless the constitution descended to “ The charter of the Bank of the United States expires recount every minutiæ. He remembered the word “ex- in 1836, and its stockholders will most probably apply for pressly” had been moved in the Convention of Virginia, a renewal of their privileges. In order to avoid the evils by the opponents of the ratification of the constitution, resulting from precipitancy in a measure involving such and, after full and fair discussion, was given up by them, important principles, and such deep pecuniary interests, and the system allowed to retain its present form.'' I feel that I cannot, in justice to the parties interested, too
Mr. Sherman coincided, “observing that corporate bo- soon present it to the deliberate consideration of the Legisdies are supposed to possess all powers incident to a cor- lature and the people. Both the constitutionality and the porate capacity, without being absolutely expressed.” expediency of the law creating this bank are well ques
Mr. Tucker thought every power to be expressly given tioned by a large portion of our fellow-citizens; and it that could be clearly comprehended within any accurate must be admitted by all, that it has failed in the great end definition of the generl power.--Page 234, vol. 2, Lloyd's of establishing a uniform and sound currency: Debates.
“Under these circumstances, if such an institution is There is great delicacy, and acknowledged difficulty, in deemed essential to the fiscal operations of the Government, fixing the precise limits of granted and incidental power, I submit to the wisdom of the Legislature whether a nationof construction and implication. But this should teach us al one, founded upon the credit of the Government and its great caution and moderation upon all doubtful points—to revenues, might not be devised, which would avoid all bear and forbear. When a power, however, has been constitutional difficulties, and, at the same time, secure all claimed, as necessary to carry the greater powers into effect, the advantages to the Government and country that were after it has been fully discussed and repeatedly settled, expected to result from the present bank.” Yet, sir, at the arid especially at different and distant periods, it becomes a same time, the Committee of Ways and Means in the House duty to submit to the will of a majority, or to change the of Representatives, and the Committee of Finance in the constitution in the prescribed mode.
Senate, both report that it is both constitutional and expeI concur with what my colleague bas so well said, of the dient; that it has established a uniform and sound currency; spirit of party, of its reckless and violent course, of its that it has equalized exchange to every necessary and unhappy influence and fatal tendency. Parties are the practicable extent, and that a national bank would be natural and necessary result of that independence of think- dangerous, inexpedient, and unnecessary.
Mr. Foot's Resolution.
[APRIL 2, 1830.
The tariff passed under the first administration as a cus, to regulate the nomination of President, to enforce protecting measure. It was not questioned. In 1816 the party discipline, and to control the popular will-a selfleading republicans supported it, as they did in 1824 and created body, dictating to the people, directing public 1828. It has been recommended to Congress by the seve- opinion, and perpetuating their own power. Yet, under ral Presidents.
Mr. Monroe's administration, it became unpopular, and The 25th section of the Judiciary Act of 1789, which was put down and utterly abandoned. gives the Supreme Court power over certain causes de Under Mr. Jefferson's administration, the compacts cided by the State tribunals, was considered as extending were formed with the Western States, by which the Cumthe powers of the court and of the General Government berland Road was commenced, and has been since carried over the State authority and State courts, to an extent not on, through those States; which was the foundation of that contemplated by the constitution. It declares that a final system of improvement, and which exerted every power judgment in the highest court of a State, where is drawn that has since been the subject of so much discussion and in question the validity of a treaty or statute of, or an au- so much hostility, real or feigned, to the administration of thority exercised under, the United States, and the decision Mr. Adams. is against their validity, or where is drawn in question the It has happened in this country, as it has in every free validity of, or an authority exercised under any State, on country, that the party in power have rather a tendency the ground of their being repugnant to the constitution, to exert, if not to increase their power, while those who treaties, or laws of the United States, and the decision is are out have a tendency to deny and to resist the power in favor of such their validity, or where is drawn in ques. claimed or exerted. The republican party questioned all tion the construction of any clause of the constitution, or the acts of the federal administration; but, as soon as they of a treaty or statute of, or commission held under, the changed places, the federal party became the liberal parUnited States, and the decision is against the title, right, ty; they took the side of the people and the States, and un. privilege, or exemption, specially set up or claimed by dertook the defence of the constitution, and to set bounds to either party, under such clause of the said constitution, power. The repeal of a law relating to the Judiciary treaty, statute, or commission, may be re-examiner!, and was called a flagrant violation of the constitution; the reversed, or affirmed, in the Supreme Court of the United acquisition of Louisiana was declared to be without auStates; and yet, in 1815, a law was passed, which greatly thority, and dangerous to the Union; and the embarextended this power, and gave authority to the court to go was declared a violation of the compact, and destructry, in the Circuit Courts, any action or prosecution before tive of commerce. any State court, for any thing done or omitted to be done The same thing has occurred, but in a more striking by an inspector or other officer of the customs, after a de- manner, with regard to the power of arbitrary reinoval
. cision in such court; and to either party within six months It has been violently opposed and indignantly resisted. of the rendition of the judgment to remove the cause to
The constitution has conferred no power expressly on the Circuit Court of the United States, and to try and de. the President to remove from office. It was either accitermine the facts and the law in such action de noro, as if dentally omitted, or with a view to fix the tenure and du. the same had been originally commenced there, notwith-ration of office by law. standing judgment in the State court. Yet this last act, On the organization of the Government, the question which extends the judicial power much beyond the 25th arose in Congress. A portion of that body believed that section, was passed under a republican administration, and no such power appertained to the Executive, and that has never been complained of.
that power could only be conferred by law. A majority, The proclamation of neutrality, a wise and prudent however, believed that he possessed the power by implimeasure, was considered a stretch of power; yet, a few cation, but derived it from different sources: one party years afterwards it became the duty of the Executive to holding that the power was incidental to the appointing revive, by his own authority, the non-intercourse law, power, and therefore held concurrently with the Senate; which he bad suspended.
the other party deriving it as incidental to the Executive The appointment of a Chief Justice of the Supreme power; the two concurring that he had the
power, Court to a foreign mission was strongly disapproved; and though differing essentially in the manner in which it was so, afterwards, was the appointment of a Secretary of the to be exercised. All parties saw the necessity of placing Treasury to the same place.
this power in confidential hands, to be exerted when urAn act to punish frauds on the Bank of the United gent circumstances demanded it. As the President was States was, in the Kentucky resolutions, declared to be a charged with the faithful execution of the laws, he seem. palpable violation of the constitution, it being a crime noted to be the most proper depositary of this power, to be enumerated in that instrument. But, under Mr. Jefferson's used only when necessary to the faithful and prompt eseadministration, an act passed to punish counterfeiting cution of the laws. checks on the United States Bank, which has not attracted The incumbent was appointed to office without any lithe slightest notice since.
mitation, except such as the Legislature might prescribe. Each of the Presidents of the United States have re. He was to hold it, while he was competent to its duties
, commended the subject of education to Congress. Mr. and worthy the trust. This was the known and universal Jefferson recommended an exploring party, with a view tenure by which all office was held.
When there is no to obtain comncrcial and geographical knowledge. period fixed by law, the President has no right to assume
Mr. Madison, on the Executive authority, accepted the that legislative function, and none being fixed, it pre-supinediation of Russia, and appointed three ministers to treat poses that none was intended. When the duration has been of peace, which was generally approved. Yet Mr. Aciams established by law, it presupposes that no shorter period did not venture to assume the respons:bility of accepting can be contemplated; and the President has no power to the invitation to the assembly at Panama, and referred ihe defeat the legislative intention. If rotation is a wise prisubject, with due deference, to the Senate. But the inci- ciple, that must be declared by the Legislature, not by the dental remark that although the Executive was compe. Executive. If men have only a temporary and qualified tent to send a minister,” made without motive and without property in office, that tenure, however imperfect, object, became a subject of severe censure upon him and depend on the law, and the President cannot interpose his his administration.
power to deprive a citizen of his rights, without a gross Under Mr. Jefferson's administration, the republican abuse, and the most unwarranted assumption of power. party found it necessary, to preserve their party, to insti When the officer becomes incapacitated by disease, or tute a sort of central power, at the capital, called a cau- disqualified by crime, so as to be unfit for the place, it be