H. OF R.] money from the people to pay, clothe, or subsist this ar- for which they are granted. When that purpose ha my? or, if such money be already collected, can he ap-been effected, these powers are again quiescent, or do propriate and disburse it for those purposes? It is not mant, and can give no aid in the performance of an pretended. In the next place," he shall be the com- other executive act. Such is the power to reprieve c mander-in-chief of the navy." Is he, by this grant of pardon. This power is occasional, a pro hac vice power power, authorized to fill the public coffers from the and can have no efficient existence, but when a case fo pockets of the people; or, if already filled, to empty reprieve or pardon comes into existence. Of the sam them for the purpose of building, equipping, or sailing character is the treaty-making power; it is, for all othe a navy? Not in the least; nor have his most prostrate purposes, as if it never existed until a treaty may be re devotees yet claimed for him any such constitutional pow-quired to be made. The power to nominate or appoin er. In the third place, whenever Congress shall, by law, foreign ministers, judges of the Supreme Court, or othe call out the militia to repel invasion, suppress insurrec- civil officers, is of the same occasional kind; so is the tion, or execute the laws, he, the President, shall have power to appoint inferior officers, or to fill vacancie such militia under his command. This grant gives him happening in the recess of the Senate: these powers ar no power to collect or to disburse money to pay that mili- all occasional; have no existence when not called up b tia, for any service so rendered, no matter how valuable the occurrence of the events on which they are to act or important to the country the same may have been. In and do not, and cannot, increase the executive power, i all these cases, it is admitted on all hands that Congress any respect, for any other purpose. For example, unde alone can raise, or appropriate, or pay any money for all the power to reprieve and pardon, what else, what thing or any of these purposes. He has, in the fourth place, can the President do other than reprieve and pardon? "power to reprieve or pardon, except in cases of im- nobody transgress, if nobody be condemned, then th peachment." No one contends that, if, by this power, power, not having any occasion to act, will have no ad he can release a pecuniary penalty, he can, by the same tive existence; and will be as if it never had been. From power, put his hand into the treasure of the nation, and all these occasional powers, the President can, therefore draw out thence money to bestow a bounty on any one derive no general power, nor does any one of them he condemned for delinquency. In the fifth place, the any other of them, by any collocation or extension o President can, "by and with the advice and consent of those powers. two-thirds of the Senate, make treaties." Is there a man Far otherwise is it with the other class of powers-thos in this House, so devoted to presidential power, as to which are continual, and endure in the hands of the Pre deny, that the Executive must come to this House for an sident from the commencement to the close of his exec appropriation to carry such treaties into effect? In the tive term of service. These powers are three: first, th sixth place, he may nominate, and by and with the ad- power to command the army; second, the power to com vice and consent of the Senate, appoint ambassadors, mand the navy; and third, the power to command th other public ministers, and consuls." Can he pay them? militia, when called into active service, for any of thos Must they not come here for the graduation of their purposes for which Congress is constitutionally empower salaries, outfits, contingents, and for appropriations to ed so to call out the militia. These are the enduring con pay them? Seventhly," he may, by and with the advice stitutional powers of the President, and do, in truth, mak and consent of the Senate, appoint judges of the Su- him what he is, the Chief Magistrate, the Executive preme Court, and all other civil officers." Where is the They constitute the potentia reipublicæ the posse communi man who pretends that the President can pay them, or talis; the power of the sword; "the executive power,' denies that Congress, and Congress alone, can fix the the potentiality of the notion by which the President i salaries of these officers, or raise, appropriate, and dis- made what, wanting this, he could not be the Execu burse the money for the payment of them? In the eighth tive. He may not have any of all the other powers vest place, "he may appoint all such inferior officers, as, by ed in him by the constitution; and still, if he have the law, Congress authorize him to appoint; but neither by power of the sword, he will be the Executive; but with law, nor by the constitution, can he touch a cent to pay out this power of the sword, if he have all the other pow them for those services; and they must look to the holders, he is not the Executive, because he has not the ers of the money power, to Congress, for compensation. power which, by the constitution is called, and in the na Ninthly, he may fill vacancies happening in the recess ture of things, is "the executive power." of the Senate, by granting commissions which shall ex- The executive power, the power of the sword, is al pire at the close of the next session." This power car- the power, continually abiding with the President, ries with it no money power; and these officers, with all enable him to discharge any duties, other than thos others, must look to Congress, into whose hands the peo-discharged by him under the specific powers already ent ple have intrusted their money, for the payment of their merated. Has he any other services to perform? He ha salaries. No mention is here made of the veto power, Let us see what they are. He shall, from time to time because that is not among executive powers; nor is it a give to the Congress information of the state of the Union power to do and perform any thing, but simply a power and recommend to their consideration such measures to prevent the doing and performing of any thing. The he shall judge necessary and expedient. This duty, lik power also of the President to take counsel from the high many of his powers, is occassional; not of every-day obl state officers, touching his own course, or to have their gation and performance; but is, by custom, in ordinar opinions concerning their own official duties, is here omit-times confined to the opening of each session of Congres ted, because it is reserved for separate consideration. In When done, it is done and finished for the political year all these executive powers no mention of, no allusion to, By a second duty, he may, on extraordinary occasion no implication concerning any the least grant of the power convene one or both Houses of Congress. He will ther "to dispose of the public treasure of the nation," can under special obligations of his high duties, communicat in any form of words be found; there is no pretence to to Congress, or to either House, as the case may be, say, nor has any person said, or will any one be found to extraordinary occasion which has induced this call. say, that any such power is given to the President, under the two Houses, called together on such extraordinary any words of the constitution, hitherto examined. casions, disagree as to the time to which they shall a It is readily seen that some of these powers essentially journ, for the purpose of finishing this extraordinary bus differ from others, and they may be divided into such as ness, the President may, on such disagreement, at su are continual, and such as are occasional; the occasional extraordinary session, adjourn them to such time as have no efficient existence, but for the specific purposes shall think proper. This duty is not of ordinary, or every MARCH 26, 1834.] The Public Deposites. [H. OF R. day occurrence; but is, in every part of it, confined to such clothe, or subsist either the army, navy, or militia under extraordinary occasions as may require an extraordinary his command? Nay, sir, this commanding power is wisely call of Congress. When once done, it is done for years. limited by the constitution; for Congress alone can raise It is long since, and I pray God it may be a long time yet to come, before the condition of our country shall encounter any such extraordinary course of events, as may require extraordinary sessions of Congress or either House of Congress; and, by any possibility, call the Executive to the painful duty of adjourning either of those Houses to a time disagreeable to their wishes. and support armies; provide and maintain a navy; call forth the militia; or make rules for the government of the land and naval forces; and appropriate money for their pay, support, and maintenance. The power of the President is the command of the army, the navy, the militia; but the laws, regulating those forces, and appropriating or disbursing money for their pay, clothing and subsistence, can be enacted by no other power than Congress. Can In the third place, it shall be the duty of the President to receive or accredit ambassadors and other public minis- Does it appear by any express grant, or by any impli ters. This, too, is an occasional duty, to be performed cation of the constitution hitherto examined, that the when, and only when, such foreign ministers may, by money power of the nation is, together with his high foreign Powers, be sent to this Government. It calls for powers, given to this Captain General of the United the exercise of no continual diligence or power. In the States? No one will pretend that any of his occasional fourth place, the President shall commission all the offi- powers has any connexion with this money power; and, if cers of the United States. This is no continuous, but an conferred, by conferring the power of the sword, it must occasional duty; and requires the exercise of none but be because "laws are silent among arms," and he who occasional powers and diligence. One duty more makes has the military power can compel from all other powers up the whole Presidential catalogue of duties. He shall a submission to his will. This, indeed, is the new theory; take care that the laws be faithfully executed." This under this the Executive is now administering the finances not in its nature occasional, but it may practically be- of the nation—a theory, not of the constitution, but of no come so. It is a duty in its character of continuousness, constitution; for, where force begins, there laws and the and requirements of service, exactly corresponding with constitution end. Having followed the presidential powthe continual powers of the President. All his powers, ers up to this boundary, and found among them no conexcept that of the sword; his power to command the stitutional control of the public money, I will follow him army, the navy, the militia, are occasional; and all his and his powers no farther in this direction; for who can daties, except it be to take care that the laws be faithfully tell what powers he may now have over the national treasexecuted, are also occasional. His duty requiring him to ure, or over the national liberty, when he has advanced give information, or recommend measures to Congress; to into that region of utter and unconstitutional despotism, call extra sessions, or to adjourn them; to receive foreign where the great landmarks of law, and justice, and national ministers, or to commission United States officers, call on good faith, are not only disregarded, but entirely unknown? him, when these occasions call on him, for the perform- Notwithstanding this, we are told by the Secretary of ance of those duties; but at no other times, and by no the Treasury, and his advocates in this House and else other occurrences. In like manner, his reprieving and where, that the whole power over the public money to pardoning power, his treaty-making power, his nomina- be deposited in the United States Bank and its branches fing and appointing power, can be called into efficient is by the charter given to him, and through him to the existence by no events, but those occasional events on President, the great Executive head of the nation. which alone they can be exercised and exhausted. These this be so? If the constitution do not give to the Presinecasional powers, like his occasional duties, give him dent the money power, can Congress bestow this power no power to do any other acts; as they place no obliga- upon him? Can Congress amend the constitution, and, Lon upon him to perform any other duties. His occasion- without any sanction, or even the knowledge of the peoal duties and occasional powers have no necessary con- ple, make a new distribution of power? If this money nexion with his continual duty and continual powers; nor power be given, as it is expressly given to Congress, not can his occasional powers aid him in the discharge of his only to legislate concerning, but also "to dispose of it," continual duty, any more than his occasional duties could can Congress transfer to the President either the power be performed by his continual powers. His continual to legislate upon, or "to dispose of," this treasure of the powers are those of commander-in-chief; and his continual people? Not a man in this nation holds to any such docdaty is "to take care that the laws be faithfully execu- trine. Congress, if it could do this, might also transfer Led" All his other duties and powers are occasional. any other of its constitutional powers to the President. These powers, and this duty, are of every-day and continual The day might come, under the growth and progress of existence in potentiality and obligation. If it be inquired political subserviency, when a Congress of tories, devoted how shall this duty be performed, there can be but one to the claims of the Executive, might confer on him the wer. The obligation of every human duty is measur-taxing power, the army-raising power, the war-making ti by the powers conferred on man to perform that duty. power, the appropriating power; and nothing would be When men measure out duties to one of their fellow-men, left to do but to create offices and salaries, and to appoint and confer powers on him to perform those duties, they these devotees of Executive power to fill these offices, expect, and they can expect of him that performance, and the nation would be, as France was under Napoleon, and that only, which he may do by the exercise of the furnished with a constitutional despotism. However anxpowers which they have conferred on him for that pur-ious the tories of our times may be to exercise this power, pose. Every power, other than that of comander-in-they must now wait until the people shall have bestowchief, was conferred on him, and must be exercised by ed it upon them, before they enact any law vesting any hm for other purposes than thereby "to take care that power in the Executive department of the Government, the laws be faithfully executed." For the discharge of not vested there by the constitution. This bank charter, this duty, this care, he has, therefore, no other power therefore, if it grant the money power to the Executive, then this high potency of the republic, the executive is, so far as it makes that grant, utterly nugatory and power, the office of commander-in-chief of the whole void. ited force of the nation. By the exercise of this power, The Secretary and his advocates have labored, by anis to discharge this duty. Does this high power give other implication, to place this power in the hands of the Dany constitutional control of the national money? Has Executive. He and they tell us that this Secretary's dunot been demonstrated by this analysis of presidential ties, in this behalf, are altogether executive, and consist power, that, though he can command, yet he cannot pay, in executing certain laws; but the President is at the head VOL. X.-200 H. OF R.] The Public Deposites. [MARCH 26, 183 of the Exccutive, and is by his duty required "to take tary of War is denominated the principal officer of the care that the laws be faithfully executed." He cannot, Department, in the same manner as the lieutenant as they inform us, do this, unless he supervise and direct denominated the chief or principal officer of the shi those men who, as so many instruments in his hands, exe- So is the Secretary of the Navy denominated the prin cute those laws. This is the definition given of this pres-pal officer of that Department for the same reason; a idential duty-the duty to take care that the laws be both are so denominated because the President, as co faithfully executed: he must, to discharge this duty, su-mander-in-chief of the army and the navy, is the head pervise and direct those men who execute those laws. The friends of the President do not seem to be aware of the prodigious task which, by this definition of his duty, they have placed upon him. It is his duty, say they, and he has taken an oath to perform it; it is his duty "to supervise and direct" the officers engaged in the execution of the laws. If he can supervise and direct the Secretary of the Treasury in the discharge of his fiscal duties, his control of the public money, he can have that money disposed of as he may choose; and therefore he, by this interpretation of his own duty, gets the control of that money power-that power "to dispose of" the national treasure, which the constitution expressly vested in Congress. Let us examine this theory. those two Departments. These Departments rece orders and directions from the President, and make the reports annually, or oftener, to him. The Department of State, by the theory of the Go ernment, belongs to the President and Senate, becau they have the power of regulating our foreign relation by treaties, and by the appointment of ambassadors, a other public ministers; but as the President accredits foreign ministers, and is always at the seat of Gover ment, and in the exercise of his office, but they are a either there, or in the exercise of their office, at times, the Department of State has practically been co mitted to the President. For this reason, he gives orde and directions to the Secretary of that Department, wi The presidential duties are to be discharged by the is, by law, the principal officer of it under him; ar presidential powers, and both of these powers are estab- accordingly, this Department is denominated an Exec lished by the constitution. It has been demonstrated that tive Department; and the Secretary does annually, all the powers of the President, except that of com- oftener, make his reports to the President. mander-in-chief of the army, navy, and militia in actual This theory of executive duty, and executive powe service, are occasional, and were given and can be exer- is in perfect accordance with the law establishing t cised for no other purposes than those occasional pur-Treasury Department; for while the three Departme: poses. His constitutional duty to take care that the of War, of the Navy, and of Foreign Affairs, are deno laws be faithfully executed," as it can be executed by nated Executive Departments, and the Secretary of ea none but his constitutional powers, must be, and can be, is called the principal officer of it, indicating, as is executed by none but his constitutional power of com-fact, that some superior dignitary is at the head of the mander-in-chief of the army, navy, and militia in actual all, and the President is that dignitary, that head; t service. He has no other powers but his occasional Treasury is not denominated an Executive Departme powers, which come into existence and expire with the nor is the Secretary denominated the principal officer occasions for which that existence was given to them. If it; but it is denominated "the Treasury Department you measure the discharge of this duty by the power given and the Secretary, so says the law, "shall be deem to the Executive to discharge it-and by what else can the head of that Department." you measure its extent?-then must the President "take Whence these distinctions? They have grown ou care that the laws be faithfully executed," by the exercise the several powers vested in the several branches of t of his powers of commander-in-chief of the army, or the Government by the constitution. The Departments navy, or the militia—one or all of them. He has no other State, War, and Navy, are immediately connected w continuous, every-day, and all-the-time-enduring power. the powers, either continuous or occasional, of What, then, is the fair constitutional meaning of this duty President. The State Department contains the archiv of the President "to take care that the laws be faithfully of the treaty-making and ambassador-appointing-andexecuted?" A power auxiliary to this was given to Con-ceiving power; the foreign relations of our nation are co gress, and the rehearsal of that power will at once suggest mitted to the care of the President and Senate. I the nature and extent of this duty. "Congress shall War Department, in like manner, is the depository of have power to call out the militia to repel invasion, sup- archives of the army, over which the President is press insurrection, and execute the laws." When this commander-in-chief. The Navy Department holds a militia shall have been called out, the President is the relation to that arm of your national defence, and is, in commander-in-chief of that national force, called out to manner, under the command of the President. Th execute the laws; and the President, as their commander- Departments are Executive Departments, not bec in-chief, and in the exercise of his constitutional powers, they are so denominated by the laws establishing shall take care that the laws be faithfully executed." but because these Departments, and the officers emplo Here his duty and his power stand and move together, in them, are employed in such services as immediat and the possession of the one enables him to discharge and relate to, and aid in, the exercise of those execu perform the other. What, then, is it for the commander-powers vested in the President; his occasional power in-chief of the militia called into actual service, and, if make treaties, receive or appoint public ministers, need be, the army and navy, to take care that the laws powers as commander-in-chief of the land and be faithfully executed? Is it not to take care that no ob- forces of the nation. stacle, either by invasion of the country from abroad, or On the contrary, the Treasury Department is no from insurrection made in any part of it at home, may be Executive Department, for a much better reason efficiently placed, or suffered to remain, in the way of that because the law has not denominated it by such a na faithful execution of those laws? Here the Executive it is because not one of the duties to be performed power-the power of the sword-the power of com- has any connexion with any one of all the execu mander-in-chief, the only continuous power of the Presi- powers, either continuous or occasional, vested in dent, may be exercised; and, by that exercise, the great President by the constitution; nor does one of the executive duty of taking care that the laws may be faith-cers in that Department perform any service conne fully executed, is fully and efficiently done and per- with any one of those executive powers, or in any formed. aiding or assisting him in the constitutional exerc The arrangement of the Departments is made so as to them. Its whole duties relate to powers exclus confirm this exposition of this executive duty. The Secre- vested in Congress; the power to legislate concer MARCH 26, 1834.] The Public Deposites. [H. of R. the public treasure, and "to dispose of" that treasure; power, separated into several divisions; and we find a and all its officers, no matter by whom appointed, or by Secretary of the Treasury, Auditors, Comptrollers, a whom removable, are accountable, not as those of the Register, a Solicitor, a Commissioner of the Land Office, State, War, and Navy Departments are, to the President, and Treasurer. Not only is the Secretary to be superbut to Congress alone. vised and directed; but each of the principal officers reIn what manner, then, can the President bring his quires the performance of the same duty. This is not executive powers, his power of the sword, his high office all. In each of these divisions are, on an average, perof commander-in-chief of the land and naval force of the haps, ten clerks. These are employed in nothing else United States, so to bear on the Treasury Department, but executing the laws; and must, each of them, be that he may, by any supervision and direction of the offi-supervised and directed. Your land offices are several cers of it, be enabled "to take care that the laws be hundred, not located here, but scattered throughout all faithfully executed" by those officers? If he cannot do the new States and Territories, over a distance of this by these powers, can he do it by his reprieving several thousand miles. All these have officers, if not power, by his treaty-making power, or by his nominating clerks, assistants and surveyors; all are, or should be, nd appointing powers? If he cannot supervise and direct executing the laws; and all must, under this new theory, lese officers, by the exercise of any or all these powers, be supervised and directed. Your custom-houses are in by what principle can he be called upon to do number four or five hundred; scattered along the maritime duty, if the constitution have conferred on him no frontier, and now up your rivers, and on the lakes; each nower to perform it? For let it never be forgotten of these has a collector, a deputy, a naval officer, a amount of power bestowed does always fix surveyor, gaugers, measurers, and I know not how many s to all duties required by such bestowment. If inspectors. The names of these officers in the port of tract with your friend to carry to Philadelphia, New York alone covers, I think, six or eight pages in the In that city, $10,000 to your correspondent; but biennial of the public service. All these are, or ought you furnish him with no more than five to carry, can to be, employed in executing the laws; and all of them you make any honest, common-sense man believe that it are, if any men so employed are, to be supervised and she duty of your friend to pay the other five thousand directed, daily and continually, by this all-seeing and allFor you, out of his own pocket? If you cannot succeed directing Executive. in making men believe this, I verily think you will not bring All these are but a small part of presidential duty. the people to believe that, by making the President the The War Department has its various bureaus and diviscommander-in-chief of their land and naval forces, they ions, with a Commissioner of Pensions, a Commissioner expected from him any other care of their money than of Indian Affairs, and Indian agencies wherever so many what he might bestow upon it by commanding that of that oppressed people can be found as to make their force, so as to repel invasions, if such should be made; plunder such an addition to the salary as may excite suppress insurrection, whenever it arise; and take care that the laws be faithfully executed," if they should, at any time, be resisted. official cupidity. These, scattered up and down the wilderness, in the new settlements, and wide territories, are said to be employed in executing the laws; and so Sir, this people will not forget that they have, by the may require the supervising eye and directing voice of Cast tution, bestowed on Congress the power to make executive duty. In addition to a Secretary of this Deall needful laws, concerning this money, together with partment, commissioners and heads of bureaus, and the further power to dispose of" this their treasure; to clerks, all to be supervised and directed, wherever a with it, all, which could be done by collecting, keep division of your army is stationed, from Nova Scotia to the g, appropriating, and paying it away, for all those Rocky mountains, from the ocean to the lakes, either in great purposes for which it was intrusted to their care fortresses, in barracks, in cantonments, or in tents, there sad fidelity. This power bestowed, originates a corre every officer and soldier, drummer and fifer, is on duty, oding duty in Congress to discharge the trust; and as is executing the laws; and under this new system of disbe power is exclusive, so also is the duty. No other cipline, none of all these should be without the superach of the Government has this power; and, therefore, vision and direction of the commander-in-chief. 20 other branch can be liable to perform, or can perform All these are but parts of the great field of presidential as duty, or in any way whatever, constitutionally, make supervision. The foreign relations of our country are y disposition of this national treasure. Still we have conducted by your Secretary of State, and all his clerks een told that the executive duty of the President calls here, and your public ministers in various courts of other to take care that the laws be faithfully executed; nations in South America and Europe, together with your that to do this he must supervise and direct those consuls in every commercial nation throughout the world. curs, those persons, who are employed in the execu- Each one of all these calls for the supervising and directLet us examine this duty, under this ing care of your great man of all business; not only to cal glossary on its meaning. If it be the duty of the this Secretary and his clerks at home; but, at the dent to supervise and direct one, it is equally his same time, demands his attention, and overlooking directo supervise and direct all. Where else will you tion of all those ministers, and consuls, in foreign courts, where will you stop, if less than all are to be and among all nations. cf the laws." pervised and directed? Men are to be supervised and At the same time, your Post Office establishment should rected, because they are employed in executing the not be passed by in the daily and hourly overlooking and and, therefore, all who are so employed are so to directing labor and travel of the Executive. If any men, supervised and directed. Are gentlemen who put in the whole array of public officers, demand a care "that glass on the presidential duty aware of the task the laws be faithfully executed by them," such men may, ich they lay upon this distinguished individual, now probably, be found in this extensive establishment. The mewhat old, and, it may be, weary with service? A office here is divided into bureaus for appointment, y short analysis of official employments will show the bureaus for dismissal, bureaus for contracts, and now a tent of this new executive duty. new bureau is established for borrowing. These all have The Treasury Department alone, the object of all this their chiefs, their clerks, their messengers; and, if all are ition of labor, will require much supervision and employed in executing the laws, then must the supervis ection. It is divided in two great sections; one relates ion and direction of the President be there; and to what the revenue derived from the lands; the other, to that part of the service can it be more imperatively called? rawn from the customs. These are here, at the seat of How can this duty be discharged here in this city, when H. OF R.] The Public Deposites. [MARCH 26, 18 more than ten thousand post offices are eslewhere estab- he overtake, can he keep pace with these multifari lished in your cities, towns, villages, neighborhoods, and and almost unlimitedly extended duties? If he take road sides, wherever there are men enough to find among wings of the morning, nay, if mounted on the swift-wing them a faithful deputy of the distinguished chief of this arrows of light, he may struggle, but he can never ov gigantic establishment? In all these offices, men, with take, much less pause to perform, the numberless requi their sub-deputies, clerks, messengers, and political_run-ments of this service. ners, are, as it is said, employed in executing the laws. This man has, at times, been noted for several dist All these must be daily seen by that presidential eye, guished excellencies by several of his devoted followe which not only sees, but oversees all men so employed. In the moments of political adoration, one has hailed To these must be added all contractors, all carriers by as the "greatest and the best;" another, "has lived l water, whether in row-boats, sail-boats, steamboats; or, enough for glory;" because he had lived under the bl by land, on horses, in sulkies, in wagons, in carriages of his effulgence for more than a whole year in the serv of two or four horses, in all their lines and routes, mov- of such a chieftain; another, in the inebriation of so ing, as we are told, ten thousand miles per diem faster triumphant acquisition of office, bestowed by him ale than they moved in the old slow-and-sure of the last pre- has toasted this adorable combination of flesh and bl ceding Postmaster General. The whole annual travel, as "the Rock of Ages." What excuse, drawn from knotted together, and stretched out in one line, is, we these effusions, poured out in the moments of intoxicas are told, 27,000,000 miles; a thread of movement winding success or intoxicating potations, can justify this sob more than one thousand times round this terrestrial ball considerate apotheosis; this legislative blasphemy of in one year. No matter how rapidly, or which way, or that is high, and holy, and eternal; this bestowment what and how many routes, the universal eye of the divine attributes on a President of the United States, presidential oversight must keep pace with and be hourly assigning to him duties to perform which can be p upon them, not only at all their stations, but in all their formed by no being, unless he be endowed with ubi movements, if he take care, in manner as his partisans and omniscience, the adorable and eternal attributes tell us he has sworn "to take care, that the laws be Deity alone? faithfully executed." It cannot, therefore, be the duty of the President Once more; there is one other call on this supervising supervise and direct those who are employed in exe and directing energy of the Executive. You have ating the laws; because, if he must supervise and dir Navy Department-a branch of the public service in high one, he must supervise and direct all; but it is physic favor with the people; and although, from the talents, impossible, for no human being can perform a service skill, and valor of our naval marine, as well as the dili- quiring his bodily presence and mental attention at ma gence, ability, and faithfulness of the commissioners, and thousand different places, distant from each other m the great industry and satisfactory services of the Secre- thousand miles, and all at one and the same time. tary of that distinguished department of the national Let, then, the presidential duty be limited, not only defence, there may be a less imperative call here for the his physical and intellectual, but also by his president unwinking eye and untiring labor of presidential super-powers. Let him have, and, when required by law, vision and direction, yet must he see all, look over all, ercise the executive power; let him be the command direct all, if, according to the new exposition of his duty, in-chief of the land and naval force of the United Sta he "take care that the laws be faithfully executed” by all. and when, by foreign force, or domestic insurrection, This Department has two branches here in this city, laws are resisted, let him "take care that those laws with a Secretary of one, and Commissioners of the other, faithfully executed." and with clerks and messengers of both. The President This duty of the Secretary is not, as he has told us, must be with each and all of these. You have men em- executive, but a judicial duty. The bank was accused ployed in collecting materials for your ships; others are a violation of its contract with the United States touch repairing; others are building; others are fitting out; the national money. Both the facts and the law were and others are sailing the various ships of your navy, fore the Secretary; he is the sole judge in the first wherever their orders may direct their course. You stance. He found, as he says, the bank guilty; he so have ships, as it may be the case, in the Baltic, in the judged; and what was his judgment? Why, sir, that Mediterranean, down in the Levant, on the Grecian national money be no longer deposited in the United Sta Archipelago, in the stormy Euxine, or cruising on the Bank or its branches. The execution issued on this ju far-off Indian ocean, or on the deep Atlantic, and in the ment was his order and direction, sent by him, to coll wide Pacific. All these are employed in executing the ors of the revenue, and to the Treasurer of the Uni American laws, in bearing the thunder of the American States, no longer to deposite that revenue in that ban arms, and displaying the bright zones, the sparkling The facts and the law, the whole record of the galaxy of the American Union, over every sea and every furnish the reasons of this judgment; and are, with ocean, in view of all nations of the world. He who, as execution issued upon it, that is, the order and direc his devotees announce, has sworn to take care that of the Secretary, by him laid before Congress, the those laws be faithfully executed," must supervise and mate tribunal, as his reasons for his judgment and ex direct; must see and oversee; and, therefore, must be tion; and to be approved and confirmed, or not appre present with and on board each and all these your ships, and reversed by Congress. What is there in all this in all the waters of the world; in every port wherever an more executive, any less judicial, than would have anchor is cast; on every wave wherever a sail is spread found in a trial before a court and jury, on a scire out to the wind; in the breeze, the storm, the battle; at issued by order of Congress or of the President? Not all times when, in all places where, the boatswain pipes whatever. Could the President supervise and direct all hands to quarters, or the jovial mariner heaves at the court and jury? Not yet. How, then, could he s windlass, or hauls at the halliard, and raises his joyous yo! vise and direct the Secretary in the formation of his heave, oh! above the note of the billows. ment? Yes, sir, if your President must "take care that the The Secretary of the Treasury and the Comptroller laws be faithfully executed," by supervising and directing judicial officers in many cases of seizure and forfeitu those who are employed in the execution of them, he in many cases of relinquishment of fines or claims for must see them, he with them, speak to them, wherever benture. In many of these cases, appeals are ha this service may call them, at all times, and in all places, higher tribunals; and, in all, petitions may be offere by land, and by sea, in this and all other countries. Can Congress; but when was it known that the Presiden |