Camden gazette. (Camden, S.C.) 1816-1818, February 27, 1817, Image 2
F*r, it is a vulgar and gross error, to sup
pose that men in general seek for high
f/tBec tmtt political power form any sort
of repaid to the pitiful pecuniary rewards
with which it is utteuded. This is ihe
passion of underlings only, of the base and
grovelling spirits who arc without anyjeaL
love of fame or glory, and this is the im
putation, which they justly seek to fatten
on each other. But it never can attach to
the-genuine statesman, of our Republic,
nor to any who aspire to be ranked among
its statesmen. ? ? ? -
^f the compensation to members be
placed on an honorable and competent
footing, the doors of this House are open
ed to stich honorable and aspiring citixens,
and the men of base and grovelling spirit,
who seek a seat here for the paltry pit*
tance of emolument by which it is attend
ed, will stand no chance in the competi
tion. No, Mr. Speaker, the objection is
- not substantial ? it reco*U upon the object
? or. It is only. by reducing the reward
for service so low, as uTfifave men of char
acter, and honor, and independence, and
aci?iLce,_iia decent support At the Capital*
that you can close the doors of this House
upon them. Such men are then driven
from the political held, and the purse-proud
nabobs on the one hand, and the ignorant
noizy,Tawning sycophanu of power on the
other, for whose talents and services the
lowest , compensation may be a high re
muneration, will pour into this House
without check or competition.
Another objection has been repeatedly
advanced. Increase of compensation tends,
it is said, to render the representative inde
pendent of the people and unfaithful to
their interests.? -This objection supposes,
.in hire w bo makes it, a total ignorance of
the theory of our government. Is not ev
efy^emtrer periodically reduced -to a 4e
vel with the ^people ? .Andean he again
rise hut by the wilt of ihe people ? This
is his dependence ; awl whether he re-A
ceives ^ix* or sixteen dollars per day* it
can have no conccivable influence upon
that dependence. He holds his seat by
the tenure qf good behaviour. And singu
lar indeed is the notion, that, in proportion
as you increase his pay and render his
seat valuable, he will find inducements to
neglect 1ms duty and insure its forfeiture.
But Mr G. said the merits of the bill
had been amply discussed by others* He
would pursue jhat topic no farther.
He had risen almost entirely to exam
ine another doctrine which had becoituT
essentially connected with the subject?-? a
doctrine which, if it were sound and consti
tutional! would indeed render all argument
upon the main quest ionworie than use
less. It had been distinctly announced by
several gentlemen in the course of the de
bate, who had voted for the law of last
session, that, although their minds re
mained unchanged as to the justice and
policy of the law, they should now vote
for its repeal, because they were instructed
to do so by their constituents.
Others had declared, that they consider
ed the voice of the people against the law,
and this they considered us taiamount
to a command or instruction^ which they
were hound to obey* without considering
the reasonableness, justice or policy of that
command or instruction.
The gentleman from Virginia, ^Mr.
Tyler) who has just taken his seat, has ,
not hesitated to repeat this doctrine In the
broadest terms, and to press it earnestly
upon the House*
His position is that the fien /*/<% in dis
tricts, in states and throughout the union,
have distinctly decided the question, have
commanded the repeal, and we are bound
by our constitution and the nature of our
government, to obey their commands.
Mr. Speaker, it the. gentleman be cor
rect, if the fact and the lav) be indeed as
he has stated, what a spectacle of singular
folly has-this House exhibited during this
whole week. We have been gravely dis
cussing the merits of a measure already
decided by the constitutional and compe
tent authority. Nay, the honorable gen
tleman himself, in the speech which he
has just closed. has presented his Cull share
of this incongruous spectacle*
? Has he not pressed upon us the proprie
ty of the repeal of the law on its own
demerits ? How does he reconcile that
with his doctrine which leaves us no
right to examine its merits ? He first
pressed upon us a doctrine, which deprives
m of all volition or free agency, ami then
spent a full half hour, in enquiry with us,
as beings have a right to volition and free
agency in favor of the ftptal.
Mr. Speaker, I deny, I wholly deny,
that iti the nature of a representative gov
ernment ; in the spirit of our system, or in
our constitution, one principle, reason or
provision can be found, on which this
doctrine of the righf toin*/ruc/#n the peo
ple and the obligation of such instruction
on the representative can rest, for ? mo
ment. It matters not to me what form of
instruct ton* gentlemen may -designate ;
whether in writing, or by parol ; whether
by the people of districts of states or of
the whole union ? They have no con
#?;tu:i/>nnl pwu', ts> fetter the free wiil of
the representative, or tocontroul his judge- I
ment, his conscience or his independence
in any the highest or the lowest act of le
gislation.
If ?ucli a right exists in the people, anil
I such. an obligation oil the representative,
| they must be some where defined. And
| where would gentlemen search for thfin ?
I Snieljr, not in the visions of cosmopolues,
I not in the licentious fictions of the French
revo|ullonary school, nor in the written
and unwritten creeds of jacobins and des
j pots throughout the world. The atates
men of our revolution trusted their rights
I to no such perishable and undefined se
I curiues.? No, srr, we -must find thetrT
in that instrument, where the nature of
I ?Mr fwyo|e system of government is de
lineated, where ?he l.berties of the people,
powers, prerogatives and duties of
every department of our government are
I granted, defined and secured j in the con
I stitu'.ion and in no othrr in.tr.,mfn[ ?"vl"
I eaven. Let gentlemen then turn with
I me to the constitution, The analysis.
I shall be short to demonstrate, not o*ly,
I ^ ^ action* not * trace oLthis^
doctrine of instruction can be found, but,
also, that it is wholly opposed to the fun
I ! *mc.ntaJ Pr'nciples of the government
J therein delineated. T
1 he people were the sovereign of th&
I country, trom them emanated all the
powers of government. This is now the
I settled doctrine of the civilized world, and
I he must be a madman or an idiot in this
| repub'^c, who woukl dispute it,
I fi^vcrc7Stl people met in convention
I to organize a government, which should
I secure the rights and prosperity of the
I whole. What was the frame and nature
I of t-he government which they formed ? f
J enter not into the detaH of its new and
?^complicated machine ty . ?J rpeak of its
I ^encra^ divisions, its bread and essential ?
features. They surrendered to, and dlvid
I ed among certain officers created by them
I selves, certain portions of their sovereign
I power. And this is the language in which
I they expressed that grant, and that divi*
I sion. ,
I i leg!slalive P?w?"? herein granted,
shall be vested in a Congress of the Uhit
I e States, which shall consist of a Senate
I and House ofRepresentalives."
" The executive power shall be vested
in a President of the United States of A
I merica." ? \
1^" The judicial power oft the United
I p ates vested in one SuttWffiiel
k^QiirU_and iiiich other inferior courts^ _:afc_
! Longress shall from time to time esta* \
I biish M ^ ]
"Legislative power" Is the power to'
I make laws ? u judicial power" is- the pow>
j er to construe and interpret those laws-t.
and " Executive power" is the power to
1 execute them.
I ^ Here then, Mr. Speaker, is the lover* !
rjgn, legitimate 44 voice" of the people.
I . re ^ie Krcal and obligatory instruction*
which) and which alone the officers of this
republic are bound to obey. The mem
I bers of this House and the Senate are
I u instructed " to make the laws ; the judges
are mstructed^mteipret,
I dent to execute them. Does not the pow*
I legislation imply of necessity voli- ?
tion, free agency ? the right to make the
I if. not 10 ITia^e ** the l?egi?l?tor
I sIihII dec m expedient? . .,;^r
I Shall I be told that the legislative power
I is vested in a body which in every act of
legislation, is legally subject to be atvtsN
I ed, defeated, controlled and absolutely
[ governed by, another, ^ distinct and a par.
I amount constitutional power ? As irell
may gentlemen tell me that the power?
I over life and death is vested in the gallows
I ami guilloutine, and not in the judge and
I executioner ; as well may they tell me, that
I the power of Legislation is vested in the
I Speaker of this House, or the President
I of the Senate because tfaetr signatures,
I made under the entire control of Congress, (
I are requisite to give validity to ave*y la>v. j
I ^.0> doctrine be true then is the cop
I stitution a /do de For it has granted I
J a power, and rendered It idle and mrg*^
] tol7? hY reservjig a right, absolutely and
I essentially repugnant to the grant; it has
1 vested in Congress an absolute power,
I which essentially continues to reside in the
I people? by them to be exercised through
I the medium of ? instructions" and Con- !
I gress becomes in every act of Legislation,
I instead of a Legislative body, a mere pus?
1 sive instrument, like the clerk who en
I grosses the bill, or the pen and parchcnent
I with which it is recorded.
I Sir, this reasoning applies with equal
I force to every department of our govern*
I ment i to the Judical and Executive equal
I ly with the legislative ; and the conclu
I sion is irresistable, that not only is the
I Legislative, but the Judicial and Execu
I tive power are, at this moment, in the I
I hands of the people. If the people have
J indeed reserved to themselves a power,
rendering thus nugatory and wholly insuf- [
I ficient the powers they have expressly
I granted, that reservation must, by every
I rule of fair const ruction, be exfirkssed and
I hot imfilied . In what page of the conati- ]
| tution does' the gentleman find any *uch
I reservation ? From what article or section
will tic read me any thing like a right re
[ seTved to the people, other directly or in
I directly, lo legislate, to judge or to exe
I cuic I If there be any such, let it be dis
I tinctiy brought to the eye of the House
I There is none to be found. It would have
plained its lair pa^cs, lor tt would have
I attempted an absurdity ; to grant and rr-~
1 din by the sattrc instrument, "the same
1 power and authority ; to secure a light,
I in the nature of things incapable of txe
I cution.
I But jf no such right" was retfcrved . if
r by the constitution the whole power of le
j gis!ating, judging and executing was gt ant
I ed, will gentlemen say that the people
t- have revoked the grant I I call for the in
I strument ot revocation, I will not accept
I the toasts and harangues with V./ich the
1 4th of July meetings may have flighted
I honorable gentlemen* 1 will not accept
I those indecent resolutions, which ihterest
Jed demagogues may have persuaded their
I knots of partisans to adopt at their election
I erring conventions. Nor will 1 recognize
1 the officious inter meddlings of state legis
I latures upon a subject with which they have
I no constitutional concern. 1 call for a re
J vocation of these grants, not carried by
I ecclamatlon, but made and executed in the
I manner which the people themselves have
1 prescribed. If no such revocation can be
j produced, the grants remain, in full and
I valid force, and the several branches of
J , our government continue to hold, cxdurive
I /y, and without the participation of any
1 power on earth, the independent right to
I legislate, to judge, and to execute* This
I *ight they have solemnly sworn to execute.
J and to surrender it, even /o thepeo/Ue them
j stive e, Would be us clear a violation of the
I constitution as an attempt to transfer it to
I an aristocracy or a moparchy, They can*
| not surrender it withtfytfr resolving the gov
I ernment into its original ? elements) nor
I can the people violently resume it without
I prostrating the constitution of their eoun
I try. , _ ' ? ^ ;
Against these conclusions, T Vnow gen
I tlemen will exclaim with such apparent
I surprize and horror* The -gentleman:
I from Virginia (Mr* Tyler) has already
J done so.- What, he asks, are notthepcq?J
I pie the creator, thelrepresenlatiTe the crea*
J ture? The former the master, the latter the
I servant I And is the creature independent
I of the creator-** the servant above the mas
I ter f + ^ .4
8ir, t>y tlie wc of names nothing if.
proved ; and an argument resting alone on
such a bisis, hardly deserves examination
or answer. '*
- But tf an answer be necessary, it W to
lion implies that il the people may not^in
struct with obligatory force Unrepresenta
tive, he ia inclepen^entofShepoople. This
notion, Mr. Speaker* is founded on a total
misconstruction of the theot* and nature o I
our system ; it supposea that the checks
upon tbe^abuse of power by therr mlorsro
tained by the people, *aa a Tight at all tijpes
to interfere with all their acts, and to par
ticipate in the exercise of ill their powers
- ? _ ? 7 ? r ? . t ? s?-*.*
from such a system is the actuitl plan of
our government.. I have already remark*
, ?f ^rem*
mam were 'delegated tit distinct
different and distinct rulers. ? -
but Che people well knew die tendency
of power to corrupt its possessors? to de
generate into abuse and oppression. A- ,
gainst such corruptions, attuses and op- J
pressions m their rulers, they resolved to
hold in their own hands checks the most >
effectual, securities the most powerful, ]
which were consistent with the nature of
the system. These checks and guards
consisted in the direct and 'indirect respon.
sibiBty *f the rulers continually or period
ica tUy ? to the people themselves. Thus, the
judges are constantly, though Indirectly,
responsible to the people for alt rheir judi
cial conduct? -they are subject -at all times
to impeachment by this 1 louse, <he imme
diate representatives of the people.
1 irc rrf^Hifni n Tt!i|)onwMC ryCT^
fburth year directly to the people? for he
then descends to their level, and depends
upon their will for a re-election. But as
that dependence is not direct, he is also
constantly subject to punishment for mis
conduct, by impeachment at the instance
or this House. * A
The tnembers of the Senate are period
ically, though indirectly responsible to the
people.through their State Legislatures.
The members of this House, arc every
second year responsible diJectly to the
people. At that short period they sink
\ into the great public mass, and their ofli
cial conduct, atripped of all adventitious
aids, lies unveiled and naked to the inspec*
tion of the people. Can the wisdom of
man contrive a more perfect security a
gainst all dangerous abuse of power ?
The immediate representatives , of the
people, bienially brought before the peo
ple* stripped of all power, and wholly de
pendent on their will for continued official
existence. The Executive, every fourth
year, subjected to the same responsibility,
and the same dependence, while both he
and every judge are reSpons'b!e for 1 1 . . . .
conduct, through l he r: ght of impeach
ment vemed In this House . ThisTsT r , T* iTi e
I true theory and spirit of our representa
tive government. He6fiot:f>:b;H:y for con
duct, not contr^A over it, %vkiU in cffict, ;s
the real Secret of our safety.
vs the great and active principle
htch pervades nur constitution, and like
gravitation in the great sotar s> , con
tines each body to its orbit, regulates the
. whole machinery of our government* ami
produces in all its paits that outer ai d
harmony , $nd perfect Siilcty* which wa* the
great object of its creation.
i o d&TBIlctucTtfi in cur rirvt.
1'rom the Carolina Guzctte .
Interfiling Decuion ? A gentleman ?f
the bar hat politely communicated the
? folio winf; important result of a cause in the
^ "J?" pleas^ for publication
John Singleton, vs. > In the Common.
?The. So. Carolina Dank. \ Pltan%
This was an action brought for the re
-COvery of* sum of moneydue upon bills
-UMKkL by sa:d-41ank. -The case developed
bythe testimony was this ; *>mo tin. J. in
H^Hin Lr' J.?hn bin?,eto"' oHhe
"'f.h H,l's of ^antee, presented to the
wZ!.0! !,hB Bunk' b,?? ?f one
hundred dollars each, and demanded pay
ment m *Acc,e. The Cashier declining to
?ct at that time on the demand, begged
naulgence untii the next day, when?2
!/lH'a'ntlfs second demand, a peremp.
* returned '? u'? Cashier of!
lhe 8ame 41 me, to pay in bills of
the same or any other Bank, adding that
W proposition and conduct was in pursu
i n0 '",trucl,ows from the DiWioh. ?
PfopoTuwn tlie Plaintiff refused to
?ceeed,bot proceeded forthwith to execute
his threat of lgga| coercion . J The Defend
that tul'-i-.f 5 ?" <l'e ground*? Tat,
that the demand upon, and refusal By lhe
"?* * leg?' demand upon and
"W?-br i*'^Pre*iwrnt~knd.IMrtctorti the
persons coiiau?KecL% the chatter W -
onllTin ,ni,'tUli0n ; lbat theT could act _
ordy m thtir corporate capacity, and ex
P??? their wilt only rby tRe language of
their traL adly, that it would be highly
tfcrilofdu, hnnl,? ,1
w " ,Uv",ue w**~ Irom eight to
of than U,"t of,he B? ?
riiese, and several other subordinate
propositions were ably maintained by Mr.
rihtmfr,.to i which Mr< S,mon?' *>"? the
rir Jh'i"1? ?" *ble ?'?d liiuiiipliwit re- ?
. . Ury', 8fter * few minul" delib.
Vuh In? l!!r!*e*f- * Wrdict for ,he P'?in?W,
Judge G* imkk, presiding.
; for"?
.
TW rniBUT? TO VJl.on.
_ TLc bav<r bten politely favored (says the
i!Ic!t."uh th# fol?pwing letter to Ool.
Arthur P. Hayne, and Mojor J?mes Gads
4*n, and their feply to the same? on the
vaae being presented, through them, to
r, , AO^?/0w? ^ C- 7, 1*17.
.TO Col. A. P. Hayne,and Mai. J.Gad*den.
^Cmtlenum^Tkt Ladies of Somh*Ca?t>
hn*>. WjfcUI ^>ftop the soldier and
patriot of tlieir native state, whose exploits
have irradiated the name of their country,
have directed us to present to Major Geft.
era! Andbsw Jackson, a silver vase of
American Workmanship, with emblematic
devices, commemorative of the battft of
New-Orleant. In tender inirt hi* tribute to
undaunted courage and inflexible patriot
?sm, from those whose Approbation rives <
peculiar value to the offering, we are al
most irresistibly led to recoitat achieve*
mept* which have W0fk4**tr gratitude and
admiraabn? -but we Jfv* too near the peri
od of our country's glory, and sre 400.
' much daszeted with the lustre that illu
mine* her march to greatness, to trust 0'ur- *
selves with the tecital. ^We would not ?
offend the delicacy of a soldier. ?
1o the impartial historian we leave the
relation of those deeds, which whilst they
tacitein the breasts of his countrymen,
the proudest exultation, will Airnish to
posterity a memorable example of clistin
guished heroism.
We ere gentlemen, very respectfully,
your obedient humble servants,
v - THOMAS LEE
THOMAS BEN WET Tf .
J. S. RICHARDSON.
THE ANSWER. &
Charlatan^ fcb. 8M, 1 8 1 7.
Gentlemen? In receiving the gift of the
Ladies of South-Carolina, we have to re
gret that General Jackson, cannot in per
' son, express his grateful sense o( the af
fectionate tribute and elegant present be
stowed m him. Through us he tenders
his acknowledgements for the Vane ; the
^ value/of Which is peculiarly enhanced* aa
the offering of female generosity. The
approbation of the fail4 Sex is clear to the
soldier ; their smile<? enliven his courage ;
their sympathy soo'hei his v^unds ; for