Abbildungen der Seite
PDF
EPUB

Executive Powers.

that event, I should be in favor of the proposition; but if, on every occasion, we are to alter the Constitution, according to our impressions of what may have been for the best, originally, it will soon become a thing of shreds and patches. It will lose that respect and veneration it now bas, and which it is desirable it should have. The proper course is this: when experience discovers evils or defects, to apply a remedy; until then, I would in charity presume the great and venerable men who framed this instrument, may be right.

[MARCH 30, 1826.

instrument worse than it was when it came from the hands of the distinguished statesmen who framed it. This is a very common argument upon all occasions, and it should put us upon our guard, and bring us to a due consideration of every innovation which is proposed. But it is no conclusive argument against amendments; this very case proves this position: because we all now admit, and properly raise our voice in praises to General Washington, for retiring from the Presidency at the close of his second the same practice-the idea is, that this practice has preterm, and to his successors, who have voluntarily adopted stamping with the stigma of usurper and a tyrannical lover of power, any who should, in future ages, attempt to violate this rule of conduct which our illustrious men have prescribed to themselves. Now, if this rule is acknowwhich allows any man to continue to be the President of ledged by all to be better than the Constitution itself, the United States for a term of twenty years, if successively elected to that office; upon what principle do we sanction the practice of this self-disqualification to the eight years, or two terms? Upon the ground of danger to highest office in the gift of the People, after a term of the liberties of the People-on account of the great power which the Constitution has vested in the President, and the advantages given to a single officer of the Government in a contest for a continuance of his power, in a contest with the People for his re-election, and upon the ground that any reasonable man, any distinguished statesman, would be satisfied with public life after his country had elected him in two cases to the first office in the power and gift of the People. Mr. J. said he did not know that we had much danger to apprehend for want of this amendment; certainly we had no reason at this time to fear any danger on that account. a written Constitution, containing the disqualification, which the practice of the Government had consecrated. But, as he considered that would make surety doubly sure, Mr. J. said, that he did hope the amendment would be adopted, with which hope he should conclude his remarks, as he did not rise to make a set speech: for which he had neither time nor inclination, when he recollected that we had been so long in session, about four months, and the vast accumulation of unfinished business.

I consider myself fortunate in being placed in a situation where the vote I give cannot be supposed to be in-vented much danger to this Confederated Republic, by fluenced in any degree by the existing state of things. I could not, when this subject was before us on a former occasion, justify to myself a vote in favor of it. I cannot now justify such a vote, and shall therefore give it my negative.

Mr. JOHNSON, of Kentucky, said, that the variety and diversity of sentiment relative to this measure, convinced him that there were very few things under the sun in which unanimity could be found in a body of men, even as small as the Senate of the United States. sition had been made to make the Constitution in letter Here a propowhat it had been made in fact, by the virtues and patriotism of General Washington, by declining a re-election af ter his second term had expired. We all approved of the practice, we all agree in the safety of the principle of considering an individual ineligible after eight years; yet we had rather permit the Constitution to remain defective, and depend upon the principles or virtue of men, through all time, to follow the virtuous example of General Washington, and his successors, up to the present time, than to put it beyond the power of any man to violate this practice, without an express violation of the Constitution. This doctrine, in his humble opinion, was a strange one, in a country where so much value was placed upon a written Constitution. Although a Constitution might be violated by construction, and extended in its grasp of power by the doctrine of implied powers, yet the value of a Constitution would not be denied, he supposed, although he confessed it was very difficult to fix upon the precise value of written Constitutions. At all events, he had rather depend upon a positive stipulation of the Constitution, than upon even the example of virtuous and immortal men, who had sanctified and consecrated the principle by their practice. It had been said in argument, that no attempt had been speakers, and an observation or two by Mr. KNIGHT, the After a few further remarks on the part of the two first made to violate this principle, and he was happy that the resolution was reported to the Senate, without amendvirtue of our distinguished men, so far, had never shown ment, and ordered to be engrossed and read a third time, the least disposition to violate the practice themselves, or by the following vote: to see it violated in others-nor did he believe that there was any danger of its violation at this period; but is it our duty to look to the present time alone? Do we not act for posterity as well as ourselves? And could any of us say that human nature in this country was so much purified, that we should never find, in time to come, any aspirant who would aim at inveterate power, by attempting to hold his power by a violation of the practice of Washington, Jefferson, Madison, and Monroe, when it is well known that the Constitution does not prohibit the attempt? For his part, he said, he felt much more pleasant, and much more happy, to think that he was acting in a case where no attempt at usurpation had urged us to amend the Con-ed to the consideration of the resolution submitted by On motion of Mr. BRANCH, the Senate then proceedstitution, and upon any occasion it was unpleasant for him him, protesting against the competency of the President to act in any case where some would declare that a case of the United States to have appointed Ministers to the had occurred, which proved the necessity of the measure. Congress of Panama, without the advice and consent of Such a ground was invidious and unpleasant, and here the Senate. we all concurred in what the Constitution ought to be, without any particular inconvenience having arisen to produce that impression; and the object of the amendment was to make the Constitution in letter what it had been in fact, by a refusal, on the part of our Presidents, to serve longer than eight years. But it has been said that the Constitution ought not to be amended for fear of making this

Chase, Cobb, Dickerson, Findlay, Harper, Hayne, Hen-
YEAS-Messrs. Barton, Berrien, Branch, Chandler,
dricks, Holmes, Johnson, of Kentucky, King, Lloyd
Marks, Reed, Rowan, Ruggles, Tazewell, Van Buren,
White, Willey, Williams, Woodbury.-25.
NAYS-Messrs. Edwards, Knight, Robbins, Sey-

mour.-4.

THURSDAY, MARCH 30, 1826.
EXECUTIVE POWERS.

that the first and most important duty I owe to the State Mr. BRANCH rose, and said: Under the impression that sent me here, is to preserve inviolate, and to transmit to posterity unimpaired, the form of government under which we live, I have believed it to be my duty to submit, for the consideration of the Senate, the resolution which has just been read. My opinion is, that a Representative has

[blocks in formation]

performed but a part of his duty, and perhaps the least part, when he discharges the ordinary duties of legislation as delegated to him by the Constitution. I feel, said Mr. B. that we have an important task to execute in resisting the encroachment of ambition on the constitutional powers of this body, whether they be open or covert.

The principle embraced by the resolution is so plain in itself, so obvious in its nature, as to need no argument on my part, to make it plainer. I should conceive it to be an insult to the understanding of the Senate to attempt such an argument. The resolution asserts a constitutional principle. Yes, sir, a fundamental principle, which is, doubt less, properly appreciated by this body.

[SENATE.

mind. Isolated, unconnected with any thing else, yet so plainly and palpably conflicting with the letter and spirit of the Constitution, it is truly appalling to the friends of liberty; but, when I connect it with the transactions that have tarnished the page of our history, for little more than a twelvemonth past; when I connect this open usurpation, this wanton trespass on the form of government under which we live, with the covert and insidious innovations which gave existence to, and characterizes the conduct of the present Chief Magistrate, I am decidedly of opinion that every friend of his country should be at his post.

It is time to re-enact Magna Charta. It is time to reassert the principles of the Declaration of Independence. The danger to be apprehended from precedent, even from what has been termed the harmless ipse dixit of the President of the United States, may be made manifest by a recurrence to a few circumstances of comparatively recent date. Two years ago the immediate predecessor of the present President proclaimed to the European world, that they must not interfere with Old Spain and her revolted Colonies; intimating, if they did, that we might take part. I considered it, at that time, as an unauthorized, unmeaning, and empty menace, well calculated to excite the angry passions, and embroil us with foreign nations. Yet, sir, has this declaration been construed into a pledge or guarantee to the South American Republics; and, moreover, has been recognized as being obligatory on this nation, by those now in power. In proof of this, look to the letter of Mr. Poinsett, our Minister at Mexico, to Mr. Clay, dated September, 1825:

It may be, however, proper for me to call the attention of the Senate to the opening message of the President of the United States, at the commencement of the present session, and to his Executive communication to the Senate, of the 26th December last. For it will be found that, in these communications, he has assumed a power, and asserted a right, which I boldly contend he does not possess: and in making this denial, I feel confident that I am sustained by the Constitution of the United States. In the opening message he says, "Among the measures "which have been suggested to them by the new rela"tions of one another, resulting from the recent changes "in their condition, is that of assembling at the Isthmus "of Panama a Congress, at which each of them should "be represented, to deliberate upon subjects important "to the welfare of all. The Republics of Colombia, of "Mexico, and of Central America, have already deputed "Plenipotentiaries to such a meeting, and they have invit"ed the United States to be also represented there by To these observations I replied, that, against the "their Ministers. The invitation has been accepted, and "power of Spain, they had given sufficient proof that they "Ministers, on the part of the United States, will be required no assistance, and the United States had pledg "commissioned to attend at those deliberations," &c. &c. "ed themselves not to permit any other Power to interThis language, I thought at the time, was unequivocal, "fere, either with their independence or form of governand since has been rendered more explicit by the Excu-"ment: and that, as, in the event of such an attempt betive communication before alluded to, of the 26th Decem- "ing made by the Powers of Europe, we would be comber, which I will take the liberty of reading to the Se- "pelled to take the most active and efficient part, and to nate: "Although this measure was deemed to be within the "bear the brunt of the contest, it was not just that we "constitutional competency of the Executive, I have not "should be placed on a less favorable footing than the "thought proper to take any step in it before ascertaining "other Republics of America, whose existence we were "that my opinion of its expediency will concur with that " ready to support at such hazards." "of both branches of the Legislature."

Has he not then asserted that he has the right to appoint Ministers independently of the Senate-Ministers, too, of no ordinary character, clothed with powers, admitted, on all hands, to be of the most important and perilous nature? Now, sir, what does the Constitution say -this invaluable and inestimable little book, which I hold in my hand-the commission under which we all act, and from which we derive all our powers; which every officer of the Government takes a solemn oath, in the presence of his God and country, to preserve, maintain, and defend? "That the President shall have power, by and with the "advice and consent of the Senate, to make treaties, "provided two-thirds of the Senators present concur, and "he shall nominate, and, by and with the advice and consent "of the Senate, shall appoint, Ambassadors, other public "Ministers," &c.

I shall not, as I said before, attempt, by language, to make this subject more explicit than it is. The wise framers of our Constitution, under the most auspicious circumstances, formed it, and transmitted it to us, It is our duty to preserve it in all its pristine purity and vigor. Although it may not be necessary to illustrate this principle, I hope the Senate will indulge me for a few minutes, while I attempt to give them some additional reasons why I submitted this resolution.

I view the usurpation which it notices, and purports to repel, as a link in a chain threatening the most portentous and calamitous consequences to the liberties of this People. In this light it has made a deep impression on my VOL. II-26

See the language of this gentleman, well known and highly estimated for his talents and integrity. Are we not bound to believe that the sentiments he avows, are in conformity with his instructions? Can we attribute to him so gross a violation of his duty? To fortify this opinion, I will call the attention of the Senate to Mr. Clay's letter to Mr. Poinsett, 9th November, 1825, in which he speaks of Mr. Monroe's pledge, in language that cannot be mistaken. When we reflect that the Secretary of State is a gentleman officially and confidentially connected with the President of the United States, shall we, are we at liberty to doubt, that this pledge, given by Mr. Monroe, has been recognized by the present President and Secretary of State? I say we can come to no other conclusion. Does it not then become our imperative duty, when we clearly see the dangerous consequences resulting from analogous usurpations, to protest against it, though he may not think proper, at the moment, to carry the principle into prac tice?

Again: I contend, if the President is bound to advise with the Senate in ordinary cases, of appointing and sending Ministers where, by the laws and usages of nations, their powers and duties are susceptible of the clearest and most explicit definitions, and where the consequences likely to result are known and properly estimated; much more should he be bound where the objects to be obtained, and the duties to be performed, are not even understood by the President himself, as in this case may be seen by reference to the documents; in which it appears that he himself declined it, in the first instance, until he

[blocks in formation]

could be satisfied on those points. But, strange to tell, this ground was abandoned, without assigning a reason, and the invitations were accepted. Now, sir, as to the objects understood and openly avowed, what are they? to expound and settle important principles of international law-to concert the means for a more effectual resistance to the approaches of European domination, and doubtless to give efficiency to the recognized pledge of Mr. Monroe, in connexion with a wild and enthusiastic crusade against the Roman Catholic religion. Are these legitimate objects, to say nothing more of them? Or, rather, are they not fraught with consequences of the most dangerous and most ominous nature, to the future peace and tranquillity of this country?

[MARCH 30, 1826.

President came into office, and the principles avowed by him since; I feel that it is the duty of every patriot to be vigilant. I will not say that he came into office in violation of the letter of the Constitution. He came in under it. He is our President, and, so far as his measures are calculated to advance the general interest, shall have my most cordial, energetic support. And yet, (it is unneces sary to disguise the fact,) he came into office in opposi tion to three-fourths of the American People, in opposition to seventeen or eighteen States out of the twenty-four. He came in by the prostration of our dearest principles. He came in by a total disregard of the right of instruc|tion, the basis of a Republic. He came in, sir, in opposition, not only to the sovereign will of the People, but he overcome the most formidable of all difficulties: He came in in opposition to the will of the Representative too. This may seem paradoxical, but it is, nevertheless, true. He came in under the influence of precedent; under the influence of the principle I am now combatting; and, if we dont resist it at the outset, he will give it such an We are called upon to send Ministers to South Ame-impulse as will enable him, not only to nominate, as he has rica to combat the prejudices of the Roman Catholic reli- done, but to appoint his successor. gion. I should think our labors had better be confined at home.

I will not trespass on the patience of the Senate, by an argument on this point. My object is to shew that these Ministers to Panama are Ministers of the first and most important character, clothed with powers of awful import, and calculated to excite the well-grounded fears of every lover of his country.

Furthermore I contend that, if the President of the United States is not constitutionally bound to advise with the Senate in appointing Ambassadors and Ministers, that the Senate is not bound to act on the subject at all; in truth, has no right to act. Are we dependent on the whim, or caprice, or courtesy of the President, for power? Is it competent for him to enlarge our functions? Can he circumscribe them at pleasure? I trust not, sir.

And what, Mr. President, is the policy of the present Administration? The original debt of gratitude is to be paid at all hazards; the one-fourth is to become the majority, if the creation of offices, and the patronage of the Government can effect it. Yes, sir, the first appointment made by the present President is conclusive on this point, and his subsequent course is in entire accordance. Merit is proscribed, unless it acquiesces in and subserves the ulterior purposes of the Administration. In the language of the day it will not do to afford to the liberal and intelligent freemen of the country, who happened to differ with the Administration, the means of annoyance; there fore, they are to be placed under the ban of the Empire

they are to be proscribed. All are to be brought into the fold that can be, by hook or by crook; and those who cannot be brought in this way, why, forsooth, are to be coerced.

We rely on higher authority; we rely on the commis. sion given to us by the People themselves in Convention; and, before my country, I protest, most earnestly protest, against all and every encroachment of the kind. Before my God I declare, that I never will be diverted from what I conceive to be the true policy of my country. I never will be palsied by any power save the Constitution, and "the will of my constituents." Yes, sir, however unfashionable the recognition of this dependence on our constituents may be, I must be permitted to pay my devotion to it, and recognize its obligation on me. They are the early impressions of my youth; they have been riveted on my mind as fundamental republican truths; they have taken the firmest hold. They are such as I have fondly cherish-fidential knowledge, to drive this body into an acquiesed in my bosom, and such as the People of this country never ought, never can, abandon, unless they prove false to themselves.

Am I not justified in saying this? Has it not been openly avowed by the confidential friends of the President and Secretary of State, that the Senate ought to be coerced into a discharge of their duties? Has not the attempt been made in the other House, through the instrumentality of the uninformed populace, operated upon by con

cence with the mad schemes of the Administration, in a way disreputable to this Government, and to the Chief Magistrate of a free, enlightened, and independent People? Sooner than see the patronage of the Government thus employed; the offices bestowed in a manner so detrimental to the public interest; I would do any thing that I could, to relieve the administrators of the Government from such onerous burthens. I would sooner appropri ate a million of dollars to the contingent fund, and place it at the arbitrary disposal of the President. For, Mr. President, although I am not a convert to what has been termed the political heresy of the Poct, contained in the following lines:

The Senate was wisely designed to act as a check upon the appointing power, not, I admit, to be exercised capriciously, but fearlessly and independently, when the public good requires it. It, therefore, becomes imperiously our duty to guard well the powers conferred on this body. We are tenants at will, or, rather, trustees for the present and future generations; and it is, comparatively, of very little moment, as regards the few flecting moments we occupy here. It is as time to eternity, when compared with the fundamental principles contained in this book. This is, I hope, intended for ages to come. It is intended, I trust, to be perpetual. It was so designed; but I have the most awful forebodings that it will not be. I have my fears, although, sir, it has stood the severest storms in a Yet the sentiment, all must admit, is founded in great recent contest, and has carried us triumphantly through a good sense, and is the offspring of a vigorous intellect. war which has covered our country with imperishable | The sentiment is the result of the deepest research into renown-a struggle that embraced in its consequences the dearest principles of a free government. But, though it carried us through this struggle successfully, it may not prove an adequate protection against the insidious encroachments of ambitious leaders.

When I take a retrospect of the past history of our Government; when I recur to events of recent date; when I associate them with the manner in which, the present

"For forms of government let fools contest, "That which is best administered, is best"

the principles of our nature: for, what good will the form or name do us, if the substance is lost? I would not give a fig for it.

Permit me, before I sit down, to ask of the Senate, whether the President has dealt ingenuously with us in relation to the publication of the documents, the mission, and the discussions which grew out of them? When we called on him to know whether the existing negotiations

MARCH 30, 1826.]

Executive Powers.

[SENATE.

with any Power would be prejudiced by throwing the Trowbridge, for the first time, performed an important I ut doors open and discussing the subject in public, he an- unwilling service, in marking, as a beacon, the channel to swered that the documents were asked in confidence, the rest of the fleet. I am glad to find that the gentleman communicated in confidence, and that the rule was based from North Carolina has spoken to this Ilouse with the on ancient and well established usage, and if we departed plainness that belongs to him, not only as a Southern man, from it in that instance, we must act on our own respon- but, emphatically, as a Planter; it belongs to him as a sibility. The answer was so little characterized by frank-slave-holder; it belongs to him as one who is not bound to ness, so equivocal, and, at the same time, so derogatory to what I conceived to be the constitutional rights of the Senate, that I moved, instanter, to throw open the doors, and let the world know what we were about. I regret that my motion did not prevail. I shall ever regret that the arguments made in conclave, with the doors locked on us, and the key in the President's pocket, should be necessarily lost to society.

[ocr errors]

electioneer and to curry favor with the driver of his carriage, or the brusher of his shoes, lest, when he shall hav driven him to the polls, the one may dismount from his coach-box, or the other lay down his shoc-brush, and anni-" hilate the master's vote at the next election; lest his setvant may give him warning that he may no longer consider him as his "help," and go as a spy into the family of his enemy, if he shall have one, to tell, not only what he I avail myself of this occasion to protest against the as- may have seen and heard, but what he never saw and nesumed right of the President to control the Senate in ver heard, in the family of his master. Master! did I say? the exercise of a sound discretion in regard to confiden- No, sir, his gentleman." This delator and champion of tial communications. The confidence is official. My universal suffrage owns no master-he claims the mastery responsibility is to my State and country, not to him. over you. I thank the gentleman from North CarolinaAnd what was the course of the President immediately most sincerely and heartily do I thank him. I trust that after the confirmation of the mission by the Senate? Why, it will turn out in the end-whether our adversaries be sir, to come out to the House of Representatives and to born to consume the fruits of the earth-fruges cosumere the world, with an elaborate argument, accompanied with nati-whether or not they belong to the catterpillars of some of the documents which had been sent to the Se- the Treasury or of the Law; that, of us, it may be truly nate, and some that had not been sent, in answer to the said, nos numerus sumus; that our name, too, is Legion: objections which had been urged in the Senate against for, sir, we belong to the cause and the party of the Peothe mission, and of which, at that time, the world knew ple; we do claim to belong to the majority of thisnothing, and therein essentially changed his ground. I"nation?" No, sir, I acknowledge no nation-of this again ask, has he dealt fairly with us? Or, rather, has he Confederate Republic. For I, too, disclaim any master, not lost sight of that candor which I had fondly trusted save that ancient Commonwealth whose feeble and unprowould ever mark the conduct of the Chief Magistrate of fitable servant I am. The President himself has confessed this free and magnanimous People? that he does not possess the suffrage of the majority, or the confidence enjoyed by his predecessors. He is even desirous of a new trial. He shall have one, and no thanks to him for it. God send him a good deliverance from the majority; and God send us, the majority, a good deliverance from him.

one.

I forbear further remarks on this subject—it is a delicate
Yet the public must and will be informed.
Mr. RANDOLPH rose, and said: I rise, sir, for the pur-
pose of making an apology to the gentleman from North
Carolina, for an unintentional word, ['never'] uttered, in-
voluntarily, whilst he was speaking, although I was happy
to see that it caused any thing rather than embarrassment
to him. I rise, also, for the purpose of expressing to that
gentleman my hearty thanks for having called up his mo-
tion, and for having relieved the Senate from that embar-
rassment, under which we have labored so long as that
motion was nailed to that table. The unavoidable ab-
sence of the gentleman from North Carolina prevented its
being taken up and disposed of; and the subject was thus
put out of the reach, even of the Committee of Foreign
Affairs, and is, therefore, not embraced in their report.
And, whilst I am making my acknowledgments to the
gentleman from North Carolina, I will make one more, in
which, I believe, sir, another, and not the least member of
this body, may participate with me, as an almost equal
sharer in the obligation. The gentleman from North
Carolina has steered his ship into action with a manliness
and decision, a frankness and promptitude, a fearless in-
trepidity, that scorns all compromise with the foe, the
common enemy of every true friend of his country; that
will relieve, certainly, one, and, I believe, more than one,
of this body from some part of the odium which has hither-
to been borne almost exclusively by two. He forcibly
reminded me of that gallant man, (was he not our country-
man by birth, sir?) Hallowell, who so gallantly took the
lead in the SwIFTSURE, at the battle of the Nile-the
most brilliant and sublime naval conquest-the most im-
portant, whether in reference to itself or its consequence,
that was ever won by man; when the brave but unfortu-
nate Culloden, the leading ship, got aground; when

Full little knowest thou that hast not try'd,
What Hell it is in suing long to bide,
To lose good days, that might be better spent,
To waste long nights, in pensive discontent;
To speed to-day, to be put back to-morrow,
To feed on Hope, to pine with Fear and Sorrow;

Having thus, sir, disburthened myself of some of the feelings that have been excited by the gallant and fearless bearing of the gentleman from North Carolina, allow me to go on and question some of his positions.

One of them is the durability of the Constitution. With him and with Father Paul (of the Constitution of Venice) I say "esto perpetua:" but I do not believe it will be perpetual. I am speaking now of what Burke would call high matter. I am not speaking to the groundlings, to the tyros and junior apprentices; but to the grey-headed men of this nation, one of whom, I bless God for it, I see is now stepping forward, as he stepped forward in 1799, to save the Republic. I speak of William B. Giles. I speak to grey heads; heads grown grey, not in the "receipt of custom" at the Treasury, of the People's money; not to heads grown grey in iniquity and intrigue; not to heads grown grey in pacing Pennsylvania Avenue; not grown grey in wearing out their shoes at levees; not to heads grown grey, (to use the words of the immortal Miss Edgeworth, the glory and the champion of her lovely sex and wretched country) in ploughing the Four Acres. Am I understood? There is a little Court, sir, of the "CASTLE" of Dublin, called the Four Acres; and there, backwards and forwards, do the miserable attendants and satellites of power walk, each waiting his turn to receive the light of the great man's countenance; hoping the sunshine; dreading the cloudy brow. Spencer has well described the sweets of this life, and technically it is called ploughing the Four Acres. Now, when a certain character, in one of her incomparable novels, Sir Ulic-I have forgot his To have thy Prince's Grace, yet want his Peers; To have thy asking, yet wait many Years; To fret thy Soul with Crosses and with Cares, To eat thy heart thro' Comfortless Despairs; To fawn, to crouch, to wait, to ride, to run, To spend, to give, to want, to be undone.

SENATE.]

Executive Powers.

[MARCH 30, 1826.

name, but he was a McSycophant; courtier, placeman.continental Spanish milled dollar, printed on paper, or in pensioner and parasite-upbraided that kind, good-heart- the promise to pay, which promise is never intended to be ed, wrong-headed old man, King Corny, with his wretch redeemed of the sound significant [a word] for the thing ed system of ploughing, the King of the Black Islands signified, [dollars]-of the emblem, multiplied at will, for ("every inch a King") replied, that there was one the reality, which has an actual, if not a fixed, value: for system of ploughing worse even than his; and that was there is, and can be no unchangeable standard of value— ploughing the Four Acres. This was a settler to the it is worse than shadow for substance: for shadow implies McSycophant. some substance; while promises to pay dollars, imply neiply ability nor inclination to pay cents.

Sir, I shall not detain the Senate long. We are now making an experiment which has "never" yet succeeded I have another objection to make to the position adin any region or quarter of the earth, at any time from the vanced by the gentleman from North Carolina, towards deluge to this day. With regard to the antediluvian times, whom I feel no unfriendly sentiment or wish; it is this; I history is not very full; but there is no proof that it has hope that he will pardon me, and I hope for the pardon of ever succeeded, even before the flood; one thing, however, the Senate-at least I feel that you, sir, ought to pardon we do know, that it has never succeeded since the flood; me-it is this: the unreasonableness of the gentleman from and, as there is no proof of its having succeeded before the North Carolina, in attempting, at this time of day, to alter flood; as, de non apparentibus et non existentibus cadem est the form of our Government, “as established by the prac ratio; it is good logic to infer, that it never has succeed- tice under the Constitution." Now, sir, the practice under ed, and never can succeed any where. In fact the onus the Constitution was settled, in the two first instances, in probandi Ees on them that take up the other side of the this way: That the Vice President succeed the President. question: for although post hoc ergo propter hoc be not At that time the President opened Parliament (or Congood logic-yet when we find the same consequences gress) by a speech from the throne; but, since that time, generally following the same events, it requires nothing the practice has been settled another way. Since the reshort of the scepticism of Mr. Hume, to deny that there is no volution of 1801, the practice has been settled, that the connection between the one and the other; whatever, Secretary of State shall succeed the President; hence it metaphysically speaking, there may be of necessary con- is that the Secretaryship of State has been the apple of disnexion between cause and effect. I say, then, that we cord under all administrations succeeding that of Mr. Jefare here making an experiment which has never succeed-ferson. It was the bone of contention between Mr. Gallaed in any time or country; and which, as God shall judge tin and Mr. Robert Smith. There are more here besides me at the great and final day, I do in my heart believe myself [looking at Mr. MACON] that know it. It has been will here fail; because I see and feel that it is now failing. the apple of discord, aye, and of concord too, sir, sinceIt is an infirmity of my nature-it is constitutional-it was it has been the favorite post and position of every bad, born with me it has caused the misery (if you will) of my ambitious man, whether apostate federalist or apostate life-it is an infirmity of my nature to have an obstinate republican, who wishes to get into the Presidency, per fus constitutional preference of the true over the agreeable; aut per nefas-rem quocunquo modo, rem-recte si possisand I am satisfied, that if I had an only son, or what is dear- honestly if they may; corruptly if they must." It has er, an only daughter--which God forbid! I say God for-been that which Archimedes wanted to move the world: bid! for she might bring her father's grey hairs with sore σrw (pou sto) "a place to stand upon;" aye, and to row to the grave; she might break my heart-but worse live upon too, sir; and with the lever of patronage to than that-what! Can any thing be worse than that? move our little world. Now, sir, the gentleman from Yes, sir, I might break hers. I should be more sharp-North Carolina is so extremely unreasonable as to wishsighted to her foible than any one else. he will bear with my reproof, I hope-as to wish to break

[ocr errors]

Sir, as much as they talk of filial ingratitude, how, sharp- the lineal succession of our monarchs, and to reduce us to er than the serpent's tooth, it is to have a thankless child-something like the barbarism of Russia, where they how much more does it run counter to all the great in-haven't yet perfected themselves in the ABC of legitimacy; stincts of our nature, planted for good and wise purposes a regular indefeasible succession of tyrants; although they in our bosoms-not in our heads, but in our hearts-by the claim the head of the Table of the Holy Alliance-where Author of all good-that the mother should be unkind to there is hardly one instance of the lineal heir succeeding to the babe that milks her; the father cruel to his own child. the throne without regicide and parricide, (which the case They are well called unnatural parents: for it is a well implies) from the time when Muscovy first became an Euknown law of nature, that the stream of succession and of ropean power-from the time of Peter Alexiovitch, (or inheritance, whether of property or affection, is in the de- Alexiowitz, as I was taught in my youth to call him) who scending line. I say, in my conscience and in my heart I was the slayer of his son, and who transmitted his power believe, that this experiment will fail-if it should not fail, to Catharine, the Livonian peasant girl, first his strumpet, blessed be the Author of all Good for snatching this Peo- then his Chamberlain's; then an Empress; whom I have ple as a brand from the burning which has consumed as heard more than once confounded with her namesake stubble all the nations-all the fruitless trees of the earth; Catharine, Princess of Anhalt, the second of that name, which before us have been cut down and cast into the fire. who, by the murder of her husband, Peter 3d, usurped Why cumbereth it the ground; why cumbereth it? Cut it the throne. With some "variation of the mode, not of the down-cut it down. I believe that it will fail; but, sir, if it measure," it is the case in this our day of Constantine Cæsardoes not fail, its success will be owing to the resistance of ovitch-which means, I believe, Fitz-Cæsar-as it was the usurpation of one man by a power which was not un- with his father, Paul Petrovitch, and with his father, successful in resisting another man of the same name, and of Peter, the son of somebody-nobody knows who-who the same race. And why is it that I think it will fail? Sir, went before Paul, not by the same instrument; no, with Father Paul, I may wish it to be perpetual, esto per- sir. In the case of Peter, the red-hot poker-the actual petua, but I cannot believe that it will be so. I do not be cauterie-supplied the place of the new Pahlen-tie of the lieve that a free republican Government is compatible twisted cravat-a la Pichegru-and it was only the day with the apery of European fashions and manners-is com- after the news arrived of the deliverance of the world from patible with the apery of the European luxury and habits; the autocracy of Alexander the Deliverer-as well as I rebut if it were, I do not know that it is entirely incompati- member the date-I know that it was on the 9th of Feble with what I have in my hand-a base and base-bruary-three days before the unavoidable departure of less paper system of diplomacy, and a hardly better paper system of exchange. I speak of paper money under whatever form it may exist; whether in the shape of the old

my colleague, that I endeavored, and, as I then thought, not without some show of success, to inpress the Senate with the important bearing of the recent event at Tagan

« ZurückWeiter »