[merged small][ocr errors][ocr errors][ocr errors][subsumed][ocr errors][merged small]

nue is declared to be its object, a standard is brain should be no more stifled than the issue of
given altogether vague and uncertain, to be the womb;” and any design to fetter the mind
brought to the test of sober investigation. If the by stratagem or force, to give it an unnatuaral
iron masters, or the woollen manufacturers are and false character, to suit the times, should
to be credited, a duty of 100 per cent. is indis- meet the severest disapprobation of all who
pensably necessary to their protection, and even profess to be the true friends of freedom. The
the cotton manufacturers, while proclaiming (abridgment of the liberties of speech, contained
their ability to export their productions to every in an act passed by Congress, was pronounced
quarter of the habitable globe, and to overcome unconstitutional by the States, and thus nulli-
competition abroad, still insist that they cannot fied; but I venture to assert, that it never en-
ineet foreign competition in our own marķets, tered into the minds of one of the advocates of
without a protection varying from twenty-five this bill,that the very essence of our liberties, the
to upwards of one hundred per centum. The freedom of debate in Congress, was not sacred.
grave question then arrives-- Are the interests Destroy that privilege, annihilate that sacred
of the agriculturists to be sacrificed to those right, and ere long, we may meet our friends
of the manufacturers? Is the southern cotton in the street with anxious countenances, but
planter, especially, (depending, as he does, afraid to speak, only through the pipe of a li.
almost exclusively on foreign markets, for the censer. But we are told Congress ought to
sale of his produtions,) to pay enormous taxes have passed laws defining the punishment of
upon the articles which he receives in exchange such offences;-& thus it is, gentlemen allow their
for the fruits of his industry, in order to render prejudices to palliate an offence: Is it a justi-
more profitable the labor and capital of the ma- fication for an offence that Congress had not
nufacturer? When we hear persons speaking passed an act covering the case? I have no in-
of “a compromise" in this matter~and in the clination to show what has already been decided
same breath insisting that the protertion extend that they had power;' but surely there are some
ed to the manufacturers

, by duties beyond the things among us, the moral beauty ånd excel-
wants of the Government, must not be impair. lence of which are so far superior to others, that
ed, we confess we are unable to discover a guards rather invite danger than prevent it

. Who single feature that looks like a compromise in would think of placing a guard to a church? such a proposition.

And yet, the very existence of that church, seeLet the duties be reduced, (however gradu. ing that the liberty of conscience, and all the ally,) to the just revenue standard, and let the valuable blessings we enjoy, and the fruits of that manufacturers receive all the protection fairly freedom of debate, which should be held sacred incidental to such a system, and existing diffi- by every lover of liberty, and every friend to culties will be removed, and the country tran- his country. This is a subject of deep interest, quilized. Even this, however, would be a com- and will be much reflected upon, and only repromise very beneficial to the manufa turers, quires deliberation to condemn. The worst and greatly injurious to the agriculturists, espe- species of gag law, is that kind which intends cially of the southern States, for an ad valorem to intimidate representative freedom by the pis duty on all protected articles of fifteen per cent tol or the cudgel, and when we have so far dewould, with the addition of charges, freight, in- generated as to give countenance to such prac, surance, &c, give to the American manufactu- tices, disorder and Confusion must follow, and rer an advantage over the foreign, in our own the Goddess of Liberty will have flown from markets, of at least thirty per cent., and surely this her favorite abode. Mr. Editor, you have no vandíd man will deny, that if any manufac- said that you were not an alarmist. í believe it

ture cannot succeed with a protection equal to But, Sir, these are strange times. I have thought
th rty per cent., it ought to be at once aban- highly of Andrew Jackson, and I have ascribed
doned. But while duties are to be imposed, much of what I thought errors, to the head and
ranging from twenty to upwards of one hundred not to his heart; but if he sanctions the practice
per cent., and imposed not for revenue but pro- of violence upon the persons of members of Con
tection, we must say, that if such a scheme is to gress, for the freedom of speech in debate, if it
be a compromise, it is a compromise in which is true that he will carry his point by means ad-
every thing will be yielded on the one side, and equate to accomplish his purposes without re-
nothing on the other.

gard to the character of those means, then I
will ask, where is the freeman who would uot

put him down. Mr. Jefferson's rule was to
“Give me the liberty to know, to utter, and bind the Union by justice, by kindness, and by
to argue freely, according to conscience, above unremitting exertions to maintain and merit a
all liberties."

character for fair doings. The national name This was the language of a great and good was so exalted, that every man felt proud man; it has always been the language of free that he lived at that day, and was an American. men1" To the pure all things are pure, not But how altered are we! How strangely unlike only meats and drinks, but all kinds of know- ourselves! If we travel up the channel of time, ledge, whether good or evil; the knowledge and look into the history of Rome or Greece, cannot defile, if the will and conscience be not and see a successful military commander returndefiled.” The freedom of speech, and the lib-ed to his native home, at the helm of State, doing erty of the press, are rights tenaciously held by wrong, and frequently, too, not from any natural the people of this country. “The issue of the propensity to do so, but pressed by the impa

[ocr errors]
[ocr errors]


[ocr errors][ocr errors][merged small][merged small]


[ocr errors]

tunity of his associates, their violence and the Philadelphia, on which to ground the charge of extravagance of their demands, we may find a a concerted effort” with the late Secretary of parallel in this our day. Perhaps this picture is War, for any purpose whatever, as it was never over drawnand too highly colored; but I do known to me that the late Secretary of War verily believe, it has not half the strength which ever wrote a line to, or received a letter from, the real condition of the present times demand; the Board at Philadelphia; nay, more, the only but I trust some spirits may rise up to shake this correspondence of his with the branch banks, nation' to a peaceful and healthful reformation, which came to my knowledge, was an order to that we may once more behold the simplicity that at Portsmouth, N. H., to transfer the funds and virtue of our fathers. FRANKLIN deposited there for the payment of pensions, to

a State bank, which order, as soon as it was made known to me, being deemed contrary to

law, I addressed a letter to the War DepartGreat SPRING, May 19th, 1832. ment, intimating my opinion to that effect. TO THE PUBLIC.

The case was afterwards, as I understood, subIn the report made to the House of Represen

mitted to the Attorney General, who gave a sitatives on the 14th inst. by the Hon. John Quin.

milar opinion, when the order was revoked. cy Adams, late President of the United States,

If there be any other ccrrespondence of the there is contained the following paragraph:

Secretary of War with the bank or its branch“ The complaints made against the President es, I am ignorant of it. The correspondence of the Bank at Portsmouth, New Ilampshire, in in relation

to the ordinary business of tlre War the summer of 1829, and the correspondence Department with the bank, was, of course, not between the Board at Philadelphia and the late submitted to the inspection of the Treasury DeSecretaries of the Treasury and of War, form a partment, and never came under my notice. It portion of the documents relating to the books is due to the late Secretary of War, to state and proceedings of the bank called for by the that he cannot be responsible for any correscommittee, and communicated to them. They pondence of mine with the bank; he certainly are not noticed in the report of the chairman, had nb agency in preparing it, nor do I know but, in the opinion of the subscriber, are more

that he ever saw a line of it. For this, whatdeserving of the attention of Congress, and of ever its character may be, I am alone responsithe nation, than any other part of the papers I disclaim the imputed concert of action, and all

ble to the government and the nation, and while commented upon in the report. An effort, very thinly veiled, on the part of two of the Exe-responsibility for the acts of others, in which I cutive Departments of the General Govern- had no agency, I shrink from none for my own ment, to exercise a control, political and


I have therefore taken measures to have niary, over the proceedings of the bank and its the correspondence with the Board at Philadelbranches

, a control highly exceptionable in phia, growing out of the complaints against the principle

, and even contrary to law, appears to President of thie Bank at Portsmouth, N. H. him to be fully disclosed in those papers. lle published as soon as possible, relying upon the will not permit himself to inquire into the mo

public intelligence alone for justice against a tives of the agents in those transactions. It is charge, for which, if true, I ought yet to be imsufficient for the protection of the public inter peached. In the mean time, as the poison conests, that the projected encroachments of powe

tained in the paragraph above quoted is er were disconcerted and laid aside.”

spreading abroad, i embrace this occasion It is manifestly the intention of Mr. Adams, in to myself, whether alleged to be founded

to deny the whole charge, so far as it relates the above paragraph, to charge the “late Se on facts or inferences, in the most unqualified cretaries of the Treasury and of War" with a terms; and only ask the favor of the public to concerted "effort to exercise a control, political suspend its judgment until the whole corresand pecuniary, over the proceedings of the pondence has been read. bank and its branches,” which he deems “high

S. D. INGHAM. ly exceptionable in principle, and even contraty to law." The two Secretaries are connected in the same member of a sentence, and the departments over which they presided, are, in

The editor of Richmond Enquirer, calls this like manner, connected in another sentence. In a " Nullifying Paper." Though our absence confirmation of this remark, their correspon- may cause this notice to appear rather unseadence with the Board at Philadelphia is intro-sovable, we do not inean that it shall give him duced as an effort very thinly veiled,” &c. the advantage which he may have sought. The Mr. Adams has doubtless seen the correspon- editoris welcome to all the benefits which may dence to which he refers, and he cannot be sus- result from a dexterous use of partisan slangpected of inadvertency in the manner of ma- we shall not be forced into an abandonment of king so great and serious a charge; still less of the Constitution, from the fear of a word. defect in the knowledge of the meaning of his The Enquirer has been forced, (very reluc

tantly, we know,) to acknowledge that the docThe public will, therefore, learn with sur. trines which it now assails under the name of prise that there cannot be a word or expression nullification, are those advocated by Mr. Jefin any part of the correspondence of the late ferson and the republican party of 1798. This Secretary of the Treasury with the Board ati fact is placed beyond all quibble or doubt, by

[ocr errors]


own language.

[merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors]

the late publication of Mr. Thomas Jefferson for Martin Van Buren-all, all arc well under-
Randolp!). The Enquirer was once tbe advo- stood. In the name of common sense, have
cate of the principles of the '98 School-it you not already turned summersets enough?
now denounces Mr. Jeffarson as a "nullifyer,"
and publicly declares its reprobalion of the doc.

trines contained in the Kentucky resolutions of
1798, '99. The editor has doubtless been able

REMARKS OF to satisfy his conscience he has yet to satisfy | MR. MILLER, OF S. CAROLINA, his country, for this abandonment of the prin- Upon the motion to recede from the amendment ciples of ihe republican party. The facts, cir. made in the Senate to the Appropriution Bill, cumstances, doctrines, were all known to him; by striking out the outfit for a Minister to and he had deliberately chosen liis position France. he is, of course, entitled to use such weapons Mr. MILLER said, in moving to strike out so in support of hims-lf, as his necessities may re- much of the appropriation as relates to the quire. He has thought proper to resort to the outfit of Minister to France, he had no intention influence of party slang, rather than to sound or desire to intrench upon the powers of the argumentma circumstance which, while it dis- President or the House of Representatives. closes a conscious sense of the weakness of his The question was purely one of legislatios, position, shows his adroitness in the selection over which both bodies had equal rights. The of the proper weapunä.

House of Representatives had as much right to Our course is a plain one: 10 know what was insist on this appropriation, as the Sena:c had the faith of the Futhers of the Conslitulion, and to amend the bili by striking it out. to abide by it to the lust. We have taken the What we are now to decide is, whether it is resolutions of Kentucky, penned by Thomas proper to make an appropriation for a minister Jefferson, as containing the philosophy of our to France, to be appointed during the recess. political system-the true doctrines of the Con. The Senate had stricken out this outfit and the stitution. They are to us as a chart and com- the House had restored it. Shall we recede pass in our political voyage; and call them by or adhere to our amendment ? It is an ordinary what name you please, we shall abide by them question of legislation, involving none of the still. We shall not inquire whether we please privileges of the Senate. The House of Rethis or that party in our course. We would not presentatives had the most unquestionable right give a fiddlestick for the good or ill will of An to determine for itself, as a part of the legisladrew Jackson or Henry Clay, or of their orga- tive power, and su had the President and Se. nized presses. Ours is the cause of the peo- nate. Each must put their own constriction ple and the States; the cause of the country on the Constitution, and exercise their discreand of human liberty; and we leave that of tion and best judgment on such matters as come Jackson, Van Buren, and Clay, to those whose within the scope of action of each respective ambition is suited to the employment. branch. The President had the right to put

Again, we say, the editor of the Richmond his construction on the Constitution, and fili up Enquirer, upon a full view of the whole ground, a mission in the recess. The House of Reprehas taken his position in direct hostility to Mrsentatives, in the exercise of its judgment, Jefferson and the epublican party of 1798. might provide the outfit, assuming tinat the Es. His conscience is easy, and his seaders are, per- ecutive could fill up a vacancy, such as this haps, satisfied. All that we ask, is, that if he one, in the recess; and the Senate had an should find ibat position hereafter, an unplea- equal right to act upon its views of the constisant one, that he turn no summersets upon us. 'utional powers of the President, as well as Let him keep with the companions of his choicę upon the expediency of providing now by law

with the sedition law federalists, McLane, to fill the vacancy, either contingent or cer. Taney, and the high tariff republicans, Van tain, as it may be, in the mission to France: Buren and Marcy. We mention this now, be. There was no reason for alarm on the score of cause we have lately seen indications of a pur. invasion of the powers of the Senate ; we had pose to slide back, as does the otter, tail-fore. a double check upon the President; one legismost, upon the south; wbile his eyes are stead lative, and the other executive. We can eitber fastly fixed upon the north. This attitude is withhold the appropriation, or refuse to sancnot exactly respectful to those whom he keeps tion the mission, or confirm the minister. The in the rear, and we shall be compelled to no- powers of the Senate were ample for the protice, if he do not change it. Commendatory tection of its constitutional rights, if it were notices, and frequent extracts from that nulli- true to the States and itself. While he disfying paper, the Charleston Mercury-flaiter- claimed any feeling of hostility towards the ing encomiums on the Hon. Nullifyer, Mr Executive, or the other branch of the legisla. Hayne-soft praises of Messrs. Johnston anu ture, he was prepared to incur any and every Bouldin-expressive cuveats to the "sons" of responsibility incident to the refusal to recede New York-increased zeal in professed hostili- from tiis amendment. This appropriation inty to the tariff, and painful travailings of spirit volved something of principle and something n regard to the whole south-coupled with th of fact. In the first place, has the President defence of McLane's tariff report-warm opp power to fill up a vacancy wbich may occur sition to P. P. Barbour, and anxious solicitude during the recess, in a foreign mission?

[blocks in formation]


Mr. M. said, he had expressed his doubts on France this year, does not constitutionally imthis subject, when he first made the question ply that you must send one next year; the reon this outfit, and he had heard nothing to re-lcall, or resignation, or death of the minister, de. move them. It had been said this was an every termines the mission. And, unless the Presi. day practice of the Government. It may be dent can originate a mission in the recess, he so, but it did not appear; no case had been cannot appoint, where there bas been an antefurnished, in which the President's right to fill, cedent mission. during the recess had been recrgnized by

We have now no minister at the court of prospective legislation. Such cases might be Austria. There may be just as much' neces. found ; they had not been produced ; and ifsity for our representation at that court, on the they were produced, he did not consider the first of October next, as at the French court, practice of the Government so far established as to overturn a plain rule laid down in the upon the ternination of the office of the pre

sent minister to France. The right to originate charter we had sworn to support. It was the missions at each of these courts, is, by the Con. written Constitution, not the practices of the stitution, the s-me. But if it were proposed Executive nor the abuses of our predecessors, to grant an outfit for a minister to Austria, to which we were called on to maintain. There be appointed during the recess, it would not is a very obvious difference between confirm, be sustained. How is it, then, that we proing a minister appointed duri..g the recess, and

pose to recognize the right of the President to althorizing such an appointment in advance. originate a mi-sion to France during the recess? The one case only concedes to a co-ordinate It is obvigus, ti at this view of the question involve branch of the Government a fair right to put ed a constitutional power, which made the obits own construction on its own powers; and jection to this appropriation a substantial one. the other puts the construction of the Senate if he believed th: President had the abstract on those powers

. The one concedes the rights right to renew the mission to Frasce, during of opinion to the Executive ; the other subst: the recess, he would not care whether the ap. tutes the opinion of the Executive for our own, propriation should be specific or contingent. and recognises the entire right of the Presidents Assuming that the Pr::sident had the power to to fill up appointments during the recess. Has fill up the mission during the recess, it was imthe Provident this right? Is there any differ- material out of what fund the outfit was paid. ence between a vacancy in an existing mission it then became one of mere expediency, wheand a vacancy in a mission not yet mstituted ?ther we should be represented at the French These are questions to be solved by a reference court, during the time which would elapse beto the Constitution. « The President shall no- tween October and the next session of the Seminate, and by and with the consent of the Sea

This appropriation affirms three propo. nale ap, joint embassadors, other public minis- sitions-first, the constitutional power of the ters," &c. The nomination confers no ottice un Presişlent to fill op all vacancies that may oclutke sppointment is made ; the appointment cur during the recess ; secondly, that this vais not made until the Senate passes on the no: cancy will happen during the recess; and, thirdtoinution. When there is an existing legally, that the same should be filled for the iwo office, the appointing power is under a moral months ant cedent our next session. Mr. M. obligation to fill the same. If a judge resigis sud, he doubted, nay, he denied, every one of or dies, ihe vacancy must be filled, or the ap. these propositions. He had atienpted to prove pointing power omits to do its duty. It is not that an einbassador was not a subsisting officer so of u foreign minister : if he dies or resigns, of the Government; and hence there could be there is no legal obligation to appoini his suc no vacancy in such office. But, suppose he çessor. The mere volition of the appointing erred on this subject, and that a foreign mispower makes the office and the minister in the sion is such an office as may be filled during same breath.

the recess, then a question of fact had to be
Public ministers are not subsis:ing officers of settled, which is, has the vacancy happened,
the Government. There is no minister to or is it to happen? If the vacancy has already
France until he is appointed ; and there is no happened, in the sense of that term in the Con-
office of ninister separate and apart from the stiution, no one would contend it coulj be
incumbent. Hence is vacancy cannot be pre-filled during the recess. During the debate on
dicated of a foreign mission. vt ben a mimis- the very question, wliether this was an actual
ter is recalled, there is an end of the office as or contingent vacancy, the Secretary of State
well as the mission. The power of the Presi- sends us the following letter :
dent to appoint during the recess cannot ex.
tend to a minister, because there is no vacancy

to fill up. Every appointment of a minister is DEPARTMENT OF State,
an original one, and not the filling up of a pre-
existing office. It seems to be admitted, pret-

Washington, 21st April, 1832.
ty generally, that the President cannot origi SIR : I am directed by the President to in-
nate a foreign mission, without the advice and form you, that there is, at present, no vacancy
consent of the Senate. Mr. M. said, he was no in the office of Envoy Extraordinary and Mi-
able to discover any difference between cases nister Plenipotentiary to the King of the French;
where a minister has heretofore been sent, and but that such vacancy will occur in the month
where one has not. The sending a minister to lof October next ; Mr. Rives having requested


[ocr errors]

leave to return at that period, and his request concentrate in the hands of a single person. having been acceded to by the President. We have only to look around us, and the inRespectfully, your obed't serv't, Auence of the executive power is easily per

EDWARD LIVINGSTON. ceived, in doors as well as out of dours. $. SMITH, Esquire,

It cannot be doubted but that the President Ch'm. of the Com. of Finance of the Senate. of the United States is constantly absorbing In this letter, it is not said that the vacancy all the executive power of the Government. will "happen" in the month of October, but the Senate will, in the process of time, become that it will “occur."

a mere circumstance-a registering junto, exThat which was before uncertain becomes ercising no control over the subjects constitunow certain. It is now no longer doubtful whe. tionally confided to its care. We ought to ther any vacancy exists in the office of minister guard against such a state of things. to France, if the office be one in perpetuity. Mr. M. said, he had, voted for the outfit for The incumbent has asked leave to return in minister to Great Britain, under the belief that October, and leave 'has been given. This fact a nomination would be made during the 'ses. is made known to us while we are discussing sion; and for the same reason would vote for the question ; it becomes, therefore, a purt of the present outfit, if it were intended, during the res gesta, and determines the period the present session,, to make the appointment. at which the incumbent will go out of office. The contrary is implied in the above letter. If It is now a perfect certainty that a vacancy in it be so important to the country, that no the office of minister o France will occur in chasm shall take place in this mission, that we October. It will not happen during the recess ; should now grant'the outfit, is it not equally it has already happened, and an outfit is to be important that we should make the appointprovided for his successor. The very legisla- ment of such a ninister as the whole appoint. tive provision for an outfit would be conclusive ing power may approve of? of the fact of a vacancy. How can a vacancy, A minister in a clorysalis state ought not, but be said to happen during the recess,' when Con. in extreme cases, to take his outfit and salary; gress provides an outfit now? If we pass this he should be Hedged fully before the public appropriation, it will be a solemn legislative funds are dissipated on him. If appropriations eriaciment, declaring that a vacancy exists in for outfits and salaries are regularly and annu. the office of minister to France in October ally granted, no minister need ever be sent to next. Then the President ought to make the the Senate. "The President shall have power nomination at the present session.

to fill up vacancies that may happen during the That which is known, cannot be said to be recess of the Senate, by granting commissions unknown. What has happened, cannot be which shall expire at the end of their next sesa an event that may happen. if, upon the faith sion.”' of the facts stated in the letter of the Secretary Appointments made during the recess, it may of State, an appropriation is made of nine be fairly contended, will always expire during thousand dollars, at the request of the appoint. the recess. The commission will expire only ing power, will that power hereafter be per- at the end of the session. The vacancy does mitted to say no vacancy has happened? Is the not occur during the session, and must therepublic treasure to be locked up for outfits that fore occur during the recess. If the vacancy, may not be wanted? If the President, to make in such cases occur during the recess, let a that certain which was before contingent, pliant Senate grant the outóit, and wbat is there makes a communication to the Senate, how can to prevent a perpetual appointment tv this ofthose who are parties to a law passed on the fice without the consent of the Senate? If even assumption of such a state of facts, controvert the minister be rejected, the right to appoint the same?' The power to make the vacancy is him again would result from the principles on with the President ; but the power to provide which the appropriation is supported. It is said, the outfit is not. The President makes the va. that it would be obviously improper to reapcancy to get the money ; yet it is said there is point, in the recess, an officer who had been no vacancy. It is a vacancy during the session rejected by the Senate; that it would be a plain to get the money ; and a vacancy during the violation of the constitution. In what would recess to fill the office. The power to fill of the violation consist? It is no violation of the fices during the recess is confined to acciden constitution to renuminate a person rejected by tal and unknown vacancies. What are known the Senate, but it would be a violation of the and provided for takes the power from the constilution to appoint, after the rising of the President. To the Deity nothing happens-Senate, a personi to office which became vacant : with Him there are no casualties—every thing is during the session, although ene term of office known and provided for; but Congress has not had to run into the recess. In this respect, the the power omnipotent, as it may be, to decree outfits for the minister to France and England that which has riot happened, but, that which both stood on the same footing; the commissions has happened, may happen, and provide of both are now determined, and yet both ruas for the exigency. The Senate ought, in its into the recess. The only reason the Presilegislative character, to take care that no dent cannot appoint the minister to England, detriment comes to their executive powers. during the recess is, that he cannot bring himWe do not stand in need of light from history self within the exception provided by the conto instruct us of the tendency of all power to stitution. He can only fill vacancies whicb bap

« ForrigeFortsett »