H. OF R.] Virginia Resolutions. [MARCH 10, 1834. he concluded by trusting the House would sanction the express his sentiments to the House on the subject of the passage of this bill for his relief. Virginia resolutions, it was evident that it would be a long When Mr. GHOLSON rose, and addressed the House to the following effect: Mr. WARDWELL followed on the same side, and briefly recapitulated the facts as detailed in the communications embodied in the report accompanying the bill. This man had sacrificed his all in the service of the United States, and placed his life in jeopardy. Through his means an army of ten or twelve thousand men had been saved from imminent peril, if not from destruction. Again, Mr. Speaker: I regret that the few remarks which, the claim presented itself, in part, in the nature of a con- under the excitement of the occasion, I had proposed to tract, since Kilbourne had been promised indemnification submit on the presentation of the Virginia resolutions, for any loss he might sustain. No similar case had ever have been deferred so long; and I would now willingly been brought before Congress, and probably never would postpone them altogether, did not the position which I again. Mr. W. said every pains had been taken, both by have perhaps inconsiderately assumed raise the just himself and others, to make a rigid investigation into the expectation that I would proceed. Under these circumfacts stated, and they rested on evidence considered conclusive. stances, I respectfully ask the indulgence of the House; and if I shall, to some extent, transcend the ordinary Mr. CHILTON opposed the bill in an animated speech. limits prescribed to similar debates, I trust that my apolAll that he had heard from the advocates of the bill, so far ogy will be found in the intrinsic importance of the refrom satisfying him, only made him stronger against it. solutions themselves, and in the example of my honoraThe principle on which the bill was grounded ought never able colleague [Mr. PATTON] who preceded me. to be recognised. Here was a man voluntarily living un- The Governor of the Commonwealth was designated, der another Government, enjoying all the protection of by one of the resolutions themselves, as the organ to its laws, and the advantages of its institutions, engaged communicate them from the Legislature of the State to in subverting the very liberties of the country in which her Senators and Representatives here; and this officer, he was living. Mr. C. said he detested treachery; and in discharge of the duty thus assigned him, has, in my whether the usage of nations had sanctioned these princi- judgment, faithfully and acceptably performed it, by ples of espionage or not, he, for one, would ever raise his frankly avowing his own approbation of the principles voice against its recognition in this country. If the man asserted in the resolutions, and expressing the wish that had left Canada, had abandoned his country, and come they may be approved and sustained by the Represen over to the United States, he would not have objected to tatives of Virginia in the Congress of the United States. indemnification; but the circumstances of this case placed I have been utterly unable to discover in the letter of him beyond the claim of any bounty. Besides, he had the Governor any thing derogatory to the dignity of my already received as much as he was entitled to. Mr. C. station here, or in support of the charge that he "has put a converse case, and asked what would Congress think extended his official authority beyond its just and proper of one of our own citizens so acting, or of the Govern- limits." It is, however, becoming in me to say, that this ment who rewarded it? If, said Mr. C., we purchase may result from an absence in myself of those sensibilitreachery, we must justify it. He trusted Congress would ties which belong to a proper self-respect, and that never sanction a principle so revolting. discreet and critical discrimination as to official powers and duties which so eminently belongs to "our day and generation;" for my honorable colleague, to whom I readily yield in matters diplomatic, has deemed it so worthy of reproof, that he has felt it his duty to arraign the Governor of his own State before the tribunal of Congress-to have the said letter solemnly read as an indictment against him—and having, to his own satisfaction, fairly convicted his excellency of a high misdemeanor, has proceeded, with no sparing hand, to inflict the merited castigation. The further consideration of the bill was then postponed till Friday next. The House then, on motion of Mr. THOMAS, adjourned till Monday. MONDAY, MARCH 10, 1834. Mr. J. Q. ADAMS rose, and intimated a wish that the call of the States for the presentation of memorials might be commenced as usual, with the understanding that the memorials presented, in reference to the bank, should be Waiving all plea to the jurisdiction of the tribunal seaccompanied only with very brief remarks explanatory of lected by my colleague for the trial of State Governors, I the circumstances under which they were adopted. He beg the attention of the House to the charges of the inwished, himself, to have an opportunity of presenting cer- dictment. And what official enormity has the redoubttain resolutions adopted by the Legislature of Massachu-able Governor of the Ancient Dominion perpetrated? Has setts. If the gentleman from Virginia, [Mr. GHOLSON,] he thrown obstructions in the way of "a faithful execuwho was entitled to the floor to-day, would yield it for tion of the laws?" Or has he been plotting treason under the purpose of calling the States, there would, he the cloak of his old heresy, nullification? None of these-presumed, be ample time left for the gentleman to no, sir, none of these; but he has been guilty of the exaddress the House on the subject of the Virginia resolu- traordinary presumption of having declared that he took "pleasure" in communicating the resolutions of the LeMr. GHOLSON replied, that the honorable member gislature. I have no fears for the Governor under this from Massachusetts must be aware that Virginia had al- charge; for really, sir, in these days of despondency, we ready once yielded the right of proceeding with this dis- have felt so little pleasure ourselves, and have heard of cussion for the convenience of the House. Being dis- so little elsewhere, that we could not find it in our hearts posed, however, to extend every courtesy to the venera- to punish the enjoyment of it--most especially in the preble member, he would, with the consent of the House, sent instance, when it springs from a cordial concurrence waive his right to the floor till one o'clock. of opinion between the Legislative and Executive branchMr. MOORE, of Virginia, objected, he said, to the es of a Government--an auspicious indication that the further postponement of the Virginia resolutions. people of Virginia are faithfully represented, and a salutary tions. Mr. J. Q. ADAMS said he was now more anxious than example for the study and imitation of executive power he was before to obtain an opportunity to present his elsewhere. Whence arises it that the "pleasure" of resolutions; for, if not only the gentleman in possession of the Governor of Virginia has so much displeased my col the floor, but every other member from Virginia, was to league? Is it that a disagreement between the Legisla MARCH 10, 1834.] Virginia Resolutions. [H. OF R. tore and Executive of our State would, at this particular and various pursuits, the harmony of legislation is often time be more welcome intelligence to him? Or are we left to infer that the gentleman hopes to prejudice a popular cause in the State, by associating with it the name of an unpopular Governor? disturbed by conflicting views and sectional discords; but, in despite of all this, here are principles asserted, and resolutions adopted, by a vote of more than two to one of the entire representation of the whole State, and But the Governor has moreover been guilty of "ex- of the representation of each division of the State; and tending his official authority beyond its just and proper yet we are told that the people are misrepresented. But limits," in having dared to "hope" that the Virginia del- more: the State has been constant and abiding in her egation in Congress would sustain the views of the Le- constitutional opposition to the United States Bank, and gislature. Now, sir, that this "hope," as far as it con- she moreover sustained General Jackson, at his last eleccerns my colleague, was rash and indiscreet in the Gov- tion, by a vote of more than two to one. But all these-ernor, I may not deny; and, in atonement, he will have her internal dissensions, her implacable hostility to the to suffer an appropriate punishment--" that sickness of bank, her early attachment to Jackson--all have been the heart which springs from hope deferred;" but that, totally inadequate to reconcile her Legislature to the in this or any other respect, he has transcended his official late extraordinary abuse of Executive power involved in authority, or abused any principles of our institutions, or the arbitrary removal of the public moneys from the dedisregarded the dignity of the Virginia delegation here, positories in which they had been placed by law. Nor I have been totally incapable of perceiving. Why, then, does the old republican party of the State stand alone in is it that he is held up to the censure and ridicule of this this opposition. State rights men, national republicans, House, and his inoffensive letter classed with the "pro- and nullifiers, concur, finding no room for cavil or dissenclamation and manifesto?" Sir, some of his political opin- sion; whilst the minority is composed, for the most part, ions have not been very agreeable to his State; and now of the few most steadfast in their adherence to the procla that his official duties are about to expire, and he to seek mation, or most inflexible in their support of a particular the seclusion of the mountains, he is selected as a scape-"succession" to the presidency. It is the smallest migoat to carry to the wilderness, and to withdraw from nority known in the history of the legislation of the State public view, all those Executive sins and errors which on any great and much agitated political question. Madhave brought upon the country so much alarm and dis-ison's report and resolutions passed by a majority of 100 tress. I will not say that the sacrifice, thus willingly of- to 60 or 61, and the doctrines of the proclamation were fered up, will be accepted by just and generous Virgi- disapproved by a majority of less than seven to five. But nia; but I must say, that she cannot fail to derive conso- the most important of the resolutions now presented were lation from the reflection, that she need fear no Execu- all adopted by overwhelming majorities; the first being tive encroachments within her own limits, while she has passed in the House of Delegates by a vote of 83 ayes to upon her watchtowers sentinels like my colleague. Let 41 nays, and in the Senate by 22 ayes to 10 nays; and me, however, beg him to be circumspect, lest, in con- the second by 89 ayes to 35 nays in the House of Delestantly and intently looking in one direction, his disorder- gates, and 21 ayes to 11 nays in the Senate, &c. ed vision raise imaginary dangers, whilst real ones, from some other quarter, rush unexpectedly upon him. In facing to the front, it is but military to look to the right and left. There is another characteristic of these resolutions, to which, as a Virginian, I feel pride in calling the attention of the House. No two of them were adopted by the same vote, and I refer to the fact as evidence that each was Mr. Speaker, the gentleman has informed us that he deliberately examined, and decided by its intrinsic merits; received the resolutions and request of the Legislature and, for the further purpose of demonstrating that, as yet, with the respect and consideration to which they were party tactics and dictation have found no abiding place justly entitled. I am gratified; for, perceiving no more in the legislative councils of my State, and that they are right in the Legislature to make the request than in the happily exempt from all that machinery of "tickets," Governor to express "pleasure" in communicating it, I and "caucuses," and "conventions," which, in my best had feared that both would be arraigned together. As-judgment, is calculated, not only to "trammel" represerting, however, that the Legislature has abandoned the sentative bodies in the "shackles of party," but to drown ancient principles of the Commonwealth, he has avowed the voice and traffic away the liberties of the people themhis belief that they will not be sustained by the people of selves. the State. Sir, this is not the first time that this opinion But my honorable colleague has not only labored to has been hazarded. Desperate as the expedient is, ma-impair the influence of his State by charging her Legisny have resorted to it for the purpose of diverting public lature with having misrepresented the people; he has sentiment from its ancient channels; nothing is more proceeded in the spirit of a most inquisitive criticism, to usual than to claim a majority, hoping thereby to get a analyze the resolutions themselves, and, after having submajority; but the scheme failed in 1799--it failed in jected them to a logical dissection, informed us that he 1853--and it will again fail in 1834; and those who have was at a loss to understand their meaning. Sir, said he, had the temerity publicly to "appeal" from the Legisla- if they mean this, they are incompatible with her former ture to the people, will find the court above confirming principles; if they mean that, they are a truism; and the the judgment of that below; and, unless they shall be learned gentleman, in proceeding, has felt it his duty to able, under the provisions of some favorite law or other, expose his own native State, the "blessed mother of us such as the "Force bill," to remove their cause to a both," to the same contempt and ridicule here to which Federal tribunal, their suit will be lost, and lost forever. a learned statesman of England exposed the nonsense of My own experience in that body convinces me that a foolish member of the House of Commons. Sir, be it the Virginia Legislature has not misrepresented the peo- so. If this venerable old Commonwealth must be chargeple, by such a vote as that which passed these resolu-able either with folly or an apostacy from her ancient politions. The intelligence of the bodies, their habitual cau- tical faith, I trust that she will submit with due humility tion and deliberation, their just sense of the obligation of to the former; ignorance is a misfortune, but apostacy a representative responsibility, all conspire to disprove crime. But little did she dream that, in this day of exit. The Legislature is composed of 134 Delegates and tended education and wide-spread knowledge, when sons 32 Senators, distributed among the four, great political are, of course, wiser than their mothers, one of them, divisions of the State, according to the principles of the whose rising prospects she has watched with so much nearest practical justice and equality. With an extend-pleasure, could ever have assumed the ungracious office ed territory, a numerous population, diversified interests, of exposing her foolishness to the laughter and scorn of VOL. IX.-184 H. OF R.] Virginia Resolutions. [MARCH 10, 1834. more distant relations. Sir, until I saw the papers of this bank charter itself, which directed them to be "depositmorning, I had fondly hoped that, after the ardor of de-ed in the United States Bank," was unconstitutional, bate had subsided, and the gentleman had retired to the the resolution reported from the Committee of Ways stillness of his study, to prepare his remarks for the eye and Means the other day, advising the passage of laws of his State, and of his children when he is dead, in the directing the manner in which they shall be kept and acspirit of filial affection he would have dropped a tear on counted for by State banks, is unconstitutional; all the his charge and blotted it out forever. present struggle to restore them to the United States Virginia needs no accusations at the hands of her chil- Bank is unconstitutional. Congress may, with all sole mdren; she receives enough of contumely and reproach nity, order them back; but the President may utterly disfrom other quarters. If I have not been misinformed, it regard it. The President has the money. The Presi has not been long since he, whom she generously aided dent has the constitutional right to the money; and the to elevate to the highest office on earth, classed her as President is not responsible to us for the money; or, if it second only to despised South Carolina in the scale of please his fancy, he may pursue another course designatpolitical degradation; and we all know that she is not de-ed to him in the course of this debate. We may pass our nied her due proportion of invective, abuse, and detrac- resolutions--the President will veto them: we may retion, from the "official" and other kindred presses. But consider, and again adopt them by majorities of two-thirds all these pass by her unheeded; with her eye steadfastly in both Houses, and the deposites may be restored: and fixed on the constitution and laws of the Union, she the very instant after, the President, either through his sees them not; with her footsteps firmly planted in the right to "control" the Secretary of the Treasury, or his path of public duty, she regards them not; with a heart power to "remove" him, may again take possession of full of devotion to the best interests, glory, and prospe- them, and "keep" them to his heart's content: these are rity of this great confederacy, she feels them not. To the legitimate consequences of gentlemen's opinions. the present administration she is not without gratitude, And why, sir, will they, not suffer their principles to reg. for some of its practical measures have tended to sustain ulate their practice, and frankly, and at once, abandon those great principles which she has ever so cordially es- the public treasure to the will and discretion of Execupoused. With the early opposition to it she cannot har-tive power? monize, because she holds but few political opinions in Sir, the Treasury is not an executive department. It common with that party; but, as heretofore, she approv-appertains to the legislative branch of the Government ed and sustained it when right, so then and now she in its character and functions; and the gratuitous assumpclaims the privilege to condemn and censure it when tion to the contrary constitutes the great and fatal error wrong. Judging it by its acts, and its acts alone, she which lurks at the bottom of all the defences of Execustands aloof from the mere party strifes of the day; but tive encroachment that we have heard. when it becomes necessary for her to strike for the constitution and laws, I trust that she will ever, as on the present occasion, come forth in her strength, and come, like Minerva from the brain of Jupiter, armed and undefiled. In investigating this question, gentlemen have but lost their time in contemplating the abstractions of political philosophy. We live in the era of written constitutions; and those who choose to look beyond the federal constitution itself, cannot refer to any authority of so binding obligation as other written constitutions of the same country and character, existing at the time of its formation. Such are the old constitutions of the States--from which, not only its genius and character, but sometimes its very I pass with pleasure, Mr. Speaker, from the humble duty of defending the Executive and Legislature of my State from the unkind, and, as I think, unmerited attacks which have been made upon them. I approach the consideration of the resolutions themselves; and while I language, is derived. shall maintain that they are not only true, but strictly Now, every State constitution which existed in 1788 consistent with the principles of the State, I have to re-professed to keep the executive and legislative branches gret that my colleague did not continue through his of Government totally separate and distinct; and yet, not speech, as in its commencement, to regard the great prin- one of them can be found which did not inseparably ciple contained in them as a "truism." That principle, connect the Treasury Department with the legislative in its plain and simple meaning, is, that the preservation, branch. disposition, and control of the finances of the Govern- That of New York, while it provided, by the 19th secment is, in its nature, and by the constitution, a legislation, that the Governor should "take care that the laws tive function; and that any interference with its exercise are faithfully executed," ordained, determined, and by the President directly, "on his own responsibility," is declared, by the 22d section, that the "Treasurer of the an "assumption of power;" while an indirect interference, State shall be appointed by act of the Legislature, to orithrough the power of removal, manifests a disposition to ginate with the Assembly." "extend his official authority beyond its just and proper The 3d clause of the old constitution of Virginia prolimits." Now, if the position contended for by the gen- vides, that "the Legislative, Executive, and Judiciary tleman, and in fact by all who have sustained the late ex- Departments, shall be separate and distinct," so that nei traordinary measure of the President, be true, that the ther exercise the powers properly belonging to the other; "Treasury Department is, in its nature and functions, an and the 9th clause declares that "the Governor, with Executive Department," the principle above is not only "not a truism," but is utterly fallacious. the advice of the Council of State, shall exercise the executive powers of Government"--and yet the 19th clause declares that “a Treasurer shall be appointed annually, by joint vote of both Houses." To the Treasury Department belong all the fiscal and financial labors, duties, and operations of the Government; and if these be executive functions, the President is re- Massachusetts, in the 30th clause of her Declaration of sponsible for their wise and faithful performance. Nor is Rights, declares that "the Legislative Department shall he responsible to Congress; for in matters purely execu- never exercise the Executive or Judicial powers," and the tive, he is a co-ordinate, independent branch of the Gov- 1st article of the constitution provides, that "the deernment, and owes responsibility only to the States or partment of legislation shall be formed of two branches, to the people. Congress cannot restrict or circumscribe a Senate and House of Representatives," and then it is his discretion, supervision, or control over subjects con- provided in the same article, sec. 4, chap. 2, that "a fided to him by the nature of his office, as moulded by Treasurer shall be chosen annually by joint vote of Senathe constitution. Hence, if the safe-keeping of the pub-tors and Representatives; and that the citizens of this lic moneys be an executive duty, the 16th section of the Commonwealth may be assured, from time to time, that MARCH 10, 1834.] Virginia Resolutions. [H. of R. the moneys remaining in the treasury, after the settle-vided, all warrants for moneys to be issued from the Treament and liquidation of the public accounts, are their pro-sury in pursuance of appropriations by law; to execute perty, no man shall be eligible as Treasurer and Receiv- such services relative to the sale of the lands belonging er General more than five years successively." Similar provisions may be found in the old constitution of Pennsylvania; and, if I mistake not, in those of every and all the States which at that time composed the confederacy. to the United States as may be by law required of him; to make report and give information to either branch of the Legislature, in person or in writing, (as he may be required,) respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office; and, severally, to perform all such services relative to the finances as he may be directed to perform." Is there any provision in the constitution of the United States itself, which contravenes or abandons this wise, universal, and settled principle of modern republican Government? Sir, its whole structure recognises and Passing to the act of 1816 chartering the United States sustains it. Among all the powers conferred, and duties Bank, we discover a constant and vigilant adherence to enjoined on the Executive Department, there is not one the principles of the act cited above. The financial conof a financial character--not even the privilege of borrow-nexion between the Government and the bank is always ing money; whilst to the Legislative Department, all of cautiously withheld from the Executive, and intrusted to them have been confided, so far as they are enumerated the Secretary of the Treasury. Thus, the 16th section in the constitution--the broad and general power of lay- itself, of which we have heard so much, directs "that the ing and collecting taxes, duties, imposts, and excises--of deposites of the money of the United States, in places in borrowing money on the credit of the Government--of which the said bank and branches thereof may be estabcoining money and regulating its value-of supporting lished, shall be made in said bank, or branches thereof, armies and maintaining navies, &c. It is further provid- unless the Secretary of the Treasury shall at any time ed, by the 9th section of the 1st article, (that section otherwise order and direct; in which case, the Secretary which imposes restrictions on Congress,) that "no mo- of the Treasury shall immediately lay before Congress, if neys shall be drawn from the treasury but in conse-in session, and, if not, immediately after the commencequence of appropriations made by law; and a regular ment of the next session, the reason of such order or distatement and account of the receipts and expenditures rection." of all public money shall be published from time to Sir, I am filled with unaffected astonishment when I retime." Now, this clause applies exclusively to the Le-flect that the President of the United States, with the gislative Department; and contains a prohibition and re- constitution and these laws before his eyes, should claim quirement; but if the control of the treasury, and the the custody of the public money as of Executive right, custody of the public funds, be not in that department, and exercise the power of supervising and controlling the then all will agree that the prohibition is unnecessary duties and discretion of the Secretary of the Treasury. and the requirement unjust. Nay, even the pliant Secretary, who has submitted to the It is hardly possible to conceive that the safe-keeping dictation himself is filled with astonishment; for he has of the public moneys does not belong to that department confessed in his report that "the power over the place of which is charged with the power of raising it, with the deposite for the public money would seem properly to duty of appropriating it, with the restriction of not using belong to the Legislative Department of the Government;" it, except by laws regularly passed, and with the requisi- and again, that the right of the Secretary to designate tion of publishing, from time to time, regular statements the places of deposite was always necessarily subject to and accounts of its exact situation and condition. the control of Congress." When he asserts that "it is difficult to imagine why the authority to withdraw it (the deposite) from the bank was confided exclusively to the Executive;" and, also, that "the Secretary of the Treasury presides over one of the executive departments of the Government, and his power over the deposites forms a part of the Executive duties of the office," he begs the question in controversy; and as he is a lawyer of eminence, and has offered no argument in support of it, we are left to infer that he himself thought it fallacious and untenable. If the constitution itself has confided these financial duties and responsibilities to the Legislature, I need scarcely labor to prove that no law can shift them so as to cxonerate Congress from their performance, or to authorize the Executive in exercising them. But there is no such law; and to show the opinion which our predecessors held on this subject, I beg the attention of the House to a comparative analysis of the laws establishing the Treasury Department, and those which were confessedly executive in their characters and functions; for example, that in relation to the Department of State. The one is entitled But my honorable colleague [Mr. PATTON] has discov"An act for establishing an executive department, to be ered that Congress itself has called the Treasury an exedenominated the Department of State;" the other is en-cutive department; and has referred with no little triumph titled "An act to establish the Treasury Department." to an act of 1789, entitled "An act for establishing the The one provides that there shall be an executive depart- salaries of the executive officers of Government; in ment, to be called the Department of State; and that there which, among others enumerated, he has found "the shall be a principal officer therein, to be called the Secre- Secretary of the Treasury." Now, the great defect in all tary of State, who shall perform and execute such duties the other authorities I have heard adduced on this point as shall, from time to time, be enjoined on or intrusted to is, that they prove too little; but this is not liable to that him by the President of the United States, agreeable to objection, for it proves too much. Had my colleague the constitution," &c. The other provides that there restrained his triumph for a moment, and read his authority shall be a Department of Treasury, in which shall be the but a few lines further, he would have found it necessary following officers, namely: a Secretary of the Treasury, to add to his list of "executive officers" the names of to be deemed head of the department," &c.; "that it "three judges of the Western territory." shall be the duty of the Secretary of the Treasury to di- I propose now, Mr. Speaker, to examine the second gest and prepare plans for the improvement and manage- ground upon which the gentleman from Virginia, and ment of the revenue, and for the support of public credit; others who agree with him, have rested the power claimed to prepare and report estimates of the public revenue and for the Executive over the public treasure of the country: the public expenditures; to superintend the collection of I refer to the power of removal from office. the revenue; to decide on the forms of keeping and sta- I shall not deny that this is a power which, for good ting accounts, and making returns; and to grant, under cause, has been exercised by the l'resident from the year the limitations herein established, or to be hereafter pro-1789, and silently acquiesced in by the country; but his H. OF R.] Virginia Resolutions. [MARCH 10, 1834. tory shows that this enormous power was originally allowed the claims according to their construction of the treaties to that high officer when George Washington was Presi- and those principles of law and equity applicable to the dent of this country, and then confided only by a majority subject; and these commissioners are appointed by the of fourteen in the House of Representatives, and the cast- President, with the assent of the Senate: from some defiing vote of the Vice President in the Senate; and that the ciency of evidence, or for the purpose of more effectually power was allowed, and the principle justified, only in re- attaining the ends of justice, we are daily referring to the lation to officers whose duties and functions were executive Third Auditor of the Treasury individual claims, to be by in their characters; Mr. Madison himself having declared him examined and settled according to the principles the intention of the constitution to be "that the first magis- which would govern Congress itself; and this officer holds trate should be responsible for the Executive Department; his office at the pleasure of the President; and even now, and that, so far therefore as we did not make the officers we have under consideration two bills-one establishing a who are to aid him in the duties of that department respon- commission, and appropriating $5,000,000 to satisfy claims sible to him, he was not responsible to the country." for French spoliations anterior to 1800, and the other reWhen, however, we look at the present condition of our ferring to the Treasury Department the examination and country, and compare it with the purer days of 1789-- settlement of all claims on the Government to commutawith the race of our revolutionary fathers almost extinct, tion for revolutionary services. Now, if the right to reand passion, party, and ambition taking the places of phi- move these officers gives to the President the right to sulosophy, patriotism, and self-devotion--with a civil list of pervise and control them, then, in the first place, he may forty thousand officers, claimed as mere instruments and construe treaties-a power expressly denied to him by automata in the hands of Executive power, and open Mr. Madison himself, in the letters of "Helvetius;" and declarations of prominent politicians that offices are the in the second, he may exercise legislative and quasi-judilegitimate spoils of party victory--when, in truth, the cial powers-powers expressly withheld from him by the prophecies of Gerry, and Jackson, and Sherman on this constitution. subject are almost in the very progress of fulfilment-is it Mr. Speaker, our great political apostles never connot time for us solemnly to review this great constitutional tended for doctrine like this; but all their principles, and question? For my own part, sir, after the most patient the whole practice of their lives, triumphantly refute it. and candid investigation, I am unable to discover any Virginia never sanctioned a doctrine like this; and when, thing either in the constitution or the genius of the Gov- the other day, a gentleman from Maine wandered from ernment which authorizes the President, at his own pleasure his way to charge her with having abandoned the docand discretion, to remove any officer of the Government, in the appointment of whom the concurrence of the Senate is required by the constitution; and, as in the case now under consideration, he has not only claimed but exercised the power, and that, too, by mere implication, without even the authority of a law, the solemn oath which I have taken forbids that I should sanction it by any vote I may give. This opinion may be very erroneous, and I only state it as my own, not expecting it to influence the opinions of others. trines of her Jefferson and Madison, he showed that he had either read to but little purpose, or had suffered his understanding to be clouded by the mists and prejudice of party. The principles of those great and illustrious men are treasured in her heart, and emblazoned on her banners. But two occasions have arisen, in the history of their lives, when Virginia dissented from the opinion of either-the one, when Mr. Madison, in one of the gloomiest eras of the republic, sanctioned the very charter which is now violated by his successor; and the other, when (for Be this, however, as it may-be the just construction of the generous purpose, no doubt, of allaying Southern exthe constitution what it may-there is one assertion which citement,) he pronounced the tariff of 1828 to be constimay be made without the fear of contradiction. No states-tutional; but I presume that it was not for these abandonman can be named, from the year 1788 down to 1833, ments that the gentleman from Maine felt it his pleasure who ever contended that the mere power of removal car- to reproach her. ried with it the right to control the entire business, duty, If i have succeeded in showing that the mere power of and discretion of the officer-no matter of what character, removal does not draw after it the right of control, there or how conferred. This discovery has been reserved for is no aspect whatever in which the course of the Executhe day in which we live. It may be reasonable that, in tive, in relation to the public deposites, can be sustained. matters purely executive, for the wise discharge of which For argument, it might be admitted that the Treasury is the President is responsible to the people, he should have an executive department, and nothing would be yielded the right to control the discretion of his assistants. It by the admission; for nothing can be more fallacious than may be reasonable, that other officers, for whose conduct the idea that the reference of any duty to an executive the President is not responsible, should be removable by officer, ipso facto makes it executive in its nature. A him, for causes of themselves good and satisfactory such mere statute cannot make that an executive function as incompetency or inability. But farther than this, reason which the constitution and common sense declare to be a or justice cannot go; for all beyond is perplexity, contra- legislative one; for this would enable the Legislature to diction, and absurdity. The great and manifest design of distribute the powers of Government as it thought proper, the constitution, to restrain the different departments of and thus to change at pleasure its whole theory and strucGovernment within their respective orbits, would be frus ture; when, therefore, Congress assigns duties to any offi trated and destroyed; for, by this means, the Executive cer of the Government, we are not to look to the officer might daily encroach on the Legislative Department; an to learn the nature of the duty, but to the duty itself to implied power would at once reach a magnitude far above learn the nature of the service. If it be executive, he those expressly granted; and this right of removal no- must perform it under the guidance and direction of the where named in the constitution, clothes the executive arm President; if legislative, then faithfully according to law. of the Government with an energy unknown to our insti- Now, I have shown that the power conferred on the Sectutions, and dangerous to liberty. Sir, allow me to illus-retary of the Treasury, by the sixteenth section of the trate. We have lately closed treaties with France and United States Bank charter, was not executive in its naNaples, in relation to spolations on American commerce; ture, nor designed to be so by Congress: hence it follows, and for the purpose of relieving Congress from the bur- necessarily, that the President has no right directly to den, and the country from the expense of legislating on control its performance; and if not directly, he may not do each particular claim which may arise under them, weit indirectly, for this would lead to the extraordinary conhave established two boards of commissioners, and clothed sequence that he may assume powers not granted, by them with broad discretionary powers, to audit and settle abusing those conferred. |