0 141 6 1 • (rligiii BY JAS. CLARK. SPEECH OF THE HON. J. M. CLAYTON, thi the Presidential Question. Mr. Foote having concluded an dab orate address to the Senate against Gen. Taylor, and .called upon the Whig Sen ators, and especially the Senator from belaware, to explain the principles upon which Gen. Taylor was to be sustained as a candidate for the Presidency : Mr. Clayton rose to reply. Mr. Niles, of Connecticut, immediately called Mr. Cittyton to order, denying his right to reply, as the whole subject introduced by Mr. Foote Was irrelevant, and Mr. Dallas; the Vice President, refusing to hit any debate upon the call to order, decided the debate to be out of order. Aut the Senate, on a rote taken imme diately alter this, gave leave to Mr. Clayton to proceed, notwithstanding the decision of the Vice President. Mr: Clayton then addressed the Sem ate as follows ; The decision .of the Chair was indeed unpreCedented, and directly in opposi tion to his own solemn decision on a case similar to this, made by him only a few weeks ago. Neither I nor my friends originated this political debate. We were content to leave General Cass and General Taylor in the hands of the people, and the Senate will unanimous ly bear me witness, that I have never introduced an irrelevant topic into any debate here. The political friends of the gentleman who occupies the chair began this discussion. They attacked General Taylor and his character, and scoffed at his claim to the Presidency. They were allowed to proceed without interruption from the ('hair, through a debate which extended through the greater part of two days. The Vice President was, by the rules of the Sen ate, bound to call his own political friends to order, if he thought the de bate was out of order. Hut not a word about order was heard from his lips till I took the floor to reply, and then he ar rested the debate, and put a seal upon my lips. The Senator from Mississippi had charged upon me and my friends that we wished to evade the discussion —that Gen. Taylor had no principles which we dared to avow—and said that he had, on consultation with his friends, resolved to provoke us to a debate on this subject, and to see that we should "dodge no blows which in chivalry and honesty we were bound to take ."He even charged us with a design to pass the resolution for a speedy adjournment of Congress in order to avoid and dodge this very dissussion. He went further, sir. He called upon me personally to meet him in debate on these questions. Yet, after he had been permitted to in dulge in this strain of attack on me and my friends, his own party associates seize the occasion, the moment I rise to take up the glove he has thrown at my feet, to dodge the encounter. These are the circumstances under which twenty-one Democratic Senators have this day voted to deny me the freedom of speech. They have a large party majority, but such and so gross was the injustice of this attempt to stifle a dis cussion which they themselves provok ed, that a majority of the Senate has overruled their purpose ; and to that majority, and especially to the chival- Twig Senator from ilississippi, (Mr. Foote,) who has expressed his own deep sense of the injustice done, I tender my thanks. have already stated to the Senate that I have no means of access to the opinions of General Taylor which are not in the possession of every member of this body, and every citizen of the country. Honoring his character, as I sincerely do, I have never yet had the pleasure of an introduction to that dis tinguished man—l have never addressed a letter to him in my life, nor received one from him. I have formed my opin ions of the principles of the man from his writings and actions, and what any other may have seen in the public prints. To these means of information all have equal access, and all can form an opin ion as well as I can, on the whole sub ject of debate. I think it is also due to Gen Taylor to say, in the outset, that the position which he has assumed before the coun try, as a candidate for the Presidency, has been entirely misapprehended in the course of this debate. He has been held up here merely as a %% big candi date, bound to sustain every \Vhig prin ciple with which that party has ever been identified. It has been alleged, that he is bound to carry out all the dic tates, and obey all the behests of a mere party—that be runs merely as a party man—that he is bound hand and foot by party pledges—and, that he must carry out at all hazards, and under all changes of time and circumstances, ev ery ancient known measure proposed by the Whig party. Now, undoubtedly, Gen. Taylor is a Whig, but I do not un derstand him as occupying any such position as that which I have just des cribed. He, himself, has repudiated it in every letter having reference to this subject. It is true that he has been nominated by the Whig party ; but it is also tru#, N that he was originally nomina ted by a meeting composed both of Whigs and Democrats. Thousands of Democrats had nominated him for the Presidency before he was nominated by the Whig party. Naturalized citizens and Native Americans, in all sections of the country had nominated him before lie received the nomination of the Phil adelphia convention.—And now, "the great objection urged against him is, that the Whig patty of the Union has confirmed the nomination which Gen. Taylor had previously received. He was nominated by the Whig Convention at Philadelphia, with the assurance that lie was aNA hig. In every letter that he wrote on that subject, lie declared that he was a whig, but he uniformly took the bold and manly ground, that if elected President of the United States, he should not consider himself the mere servant or tool of a party, not even of the party to which he had been attached, but that he should be the President of the Amer ican people. Under these circumstan ces, the honorable gentleman front Mis sissippi can find no difficulty in answer ing the questions which he has propoun ded with regard to the principles of Gen. Taylor. If he will examine the principal letter which Gen. Taylor has written with reference to this subject, the letter to Capt. Allison, he will see the ground on which he places himself as a candidate before the American peo ple. Before I proceed further, permit me to read the following extract from that letter : ‘ , l3.vroN ROUGE, April 22, 1818 „ First.-1 reiterate what I have often said— lam a Whig, but not an ultra Whig. If elected I would not be the mere President of a party. I would endeavor to act independent of party domination. I should feel bound to administer the Government untrammeled by party schenies. “Second.—The veto power. The power giv en by the Constitution to the Executive to in terpose his veto, is a high conservative power ; but in my opinion should never be exercised ex cept in cases of clear violation of the Constitu tion, or manifest haste and want of consideration by Congress.—lndeed I have thought that for many years past the known opinions and wishes of the Executive have exercised undue and in jurious influence upon the legislative department of the Government ; and for this cause I have thought our system was in danger of nndergo ing a great change from its true theory. The personal opinions of the individual who may happen to occupy the Executive chair, ought not to control the action of Congress upon questions of domestic policy ; nor ought his objections to be interposed where questions of constitutional power have been settled by the various depart ments of Government, and acquiesced in by the People. Third.—Upon the subject of the tariff, the currency, the improvement of our great high. ' ways, rivers, lakes and harbors, the will of the people, as expressed through their representa tives in Congress, ought to be respected and car ried out by the Executive. “Fourtle.—The Mexican war. I sincerely rejoice at the prospect of peace. My life has been devoted to arms, yet I look upon war at all times, and under all circumstances, as a na tional calamity, to be avoided if compatible with national honor. The principles of our Government as well as its true policy, are op posed to the subjugation of other nations and the dismemberment of other countries by con quest. in the language of the great Washing ton, 'Why should we quit our own to stand on foreign ground.' In the Mexican war our na tional honor has been vindicated, amply vindi cated ; and, in dictating terms of peace, we may well afford to be forbearing, cud even magnani mous to our fallen foe.” Gen. Taylor, then, stands before the country not merely as a Whig, but as THE GREAT REPRESENTATIVE AND CHAMPION OF THE PRINCI PLE OF 'THE RIGHT OF MAN TO SELF-GOVERNMENT. He maintains the principle that the majority have the right to govern. He stands precisely upon the ground on which Thomas Jef ferson originally made a party differ ence with John Adams. Let me quote a passage from the letter of Thomas Jefferson to John Adams, stating the grounds on which the Republican party of 1798 commenced its opposition to the encroachments of the Executive power, and to which it owed its true origin. In the 4th volume of Jefferson's Memoirs, page 202, we find the letter to which I refer. It is dated June 27, 1813, and contains the following passages : , ‘The terms of Whig and Tory be long to national as well as civil history. They denote the temper and constitution of mind of different individuals. To come to our own country and to the times when you and I became first ac quainted ; we well remember the vio lent parties which agitated the old Con gress, and their bitter contests.—There you and I were arrayed together ; oth ers cherished the MONARCHY of England, and we the rights of our country. "But as soon ns the Constitution was put into motion, the line of division was again drawn.—We broke into two par- ties, each wishing to give the Govern• HUNTINGDON, PA., TUESDAY, AUGUST 15, I`B/. ment a different direction ; THE ONE (the Republican party,) TO STRENGTH EN THE MOST POPULAR BRANCH, PCongress,) THE OTHER THE MORE ERMANENT BRANCHES, AND TO EXTEND THEIR PERMANENCE. Here you and I seperated for the first time, and one party placed your name at their head—the other selected mine." Precisely upon that principle, Lew is Cass and General Zachary Taylor now differ, and stand at issue before the country. Gen. Taylor places himself upon this just principle, laying at the foundation of all republican forms of Government—the right of the majority to govern. He holds that the popular branch of the government possesses rights, and that he, if elected President, would be bound to respect them. He says, therefore, in reference to all these great questions which have heretofore agitated the country, and which are properly within the powers of Congress, that he will be guided by the will of the people, as expressed by their Represen tatives. On the other hand, what says Gen. LewiVass 1 He denies that the will of the people shall govern. He maintains the high federal doctrines of ancient days, that the President of the United States, with his veto power shall control the will of the people. He stands up as the champion of Executive power, and has received his nomination from a party convention, under circum stances which I think, when carefully examined by the American people, will seal his fate as a candidate before them. What were these circumstances 1 The very first rule adopted by the conven tion asssembled at Baltimore was, that the will of the majority should not gov ern—that the vote of two-thirds should be necessary to nominate the President. They have laid down that doctrine be fore on a memorable occasion. I refer to the Baltimore nomination in 1844. IThe result reminds me of one of those games at cards which is called "Soli taire," in which you know a man plays against himself. Did you ever see a man sit down to play that game who did not cheat himself 1 The democratic leaders, on this occasion, undertook to play "Solitaire"—the Whigs were not present to be cheated—and the very I fist net or decree was one Amounting, in my judgment, to a most flagitous fraud, not only upon the country, but upon the party itself. It ordained that the will of the people should not govern, and that no man should be nominated , for the Presidency ' without the vote of two-thirds of that convention. Well, now, what must be—(every body knows what was the consequence in this case) —the necessary consequence of the es tablishment of such a principle by any party I We can all very well estimate the power of one hundred thousand office-holders, many of them anxious to perpetuate their dynasty. They can pack a Democratic convention with more than one-third of its members, though they might not be able to control a ma jority. They can send on their rela tions, their friends and dependants, as delegates, and, under the operation of this two-thirds rule, govern the conven tion. It was so on this occasion. All the gentlemen who composed the con vention went to Baltimore, bound to nominate some candidate for the Presi dency. To fail to nominate by a con vention would be to dissolve the party. They Were compelled, therefore, to make a nomination, and when they entered the convention, they were met with a rule declaring that the vote of •two thirds wits necessary to nominaie their Democratic candidate for the Presiden cy. They knew that within the walls of the convention there stood a packed minority, of more than one-third, rep resenting the office-holders of the conn try, who could veto or negative the nein , ination of any man not subservient to their views, or who would not perpetu ate their dynasty and continue them and their friends in office. The candidates all understood this beforehand, and on such occasions he who makes the most satisfactory bargain with this clique or faction—constituting more than one third,but not one-half of the convention,is sure to receive the nomination. No oth er man can get it. I say again, every candidate understood this, and every future candidate will, in all future Dem ocratic canventions, understand it- Each of them will knots it is impossi ble for him to procure the nomination unless lie can secure the services of those who come there for the purpose of sustaining themnelves in office. He is bound then to lend himself to all their views. If they desire to establish a platform of political faith, he must sub scribe to it: He has no option. He must either relinquish all hope of the nomination, or subscribe to every dog ma that this clique may choose to lay down. Under these circumstances, I ask, what is the inevitable tendency of the party which has nominated General Lewis Cass '1 Does it not directly tend to the rule of a (mover the ninny, end e , ventually to a monarchy'? It tends to the establishment, in the first instance, of an oligarchy, or an aristocracy of office holders--able to dictate the nomination of any man they please. They have a veto on the acts of the convention as absolute and effectual as that which the President of the United States, whom they may nominate and elect under the magic name of Democrat, may have upon•the laws of Congress and the will of the people. Undoubtedly the great mass of the Democratic party is honest and patriot ' ' lc. We who are Whigs, and opposed to them in politics, are entitled to a free exyression of their opinion in making a party nomination ; and Whigs, as well as Democrats are defrauded by this po litical ledgerdemain—this hocus pocus, introduced by some political magicians into that party within a few years past, which compels that party to accept a nomination made and forced upon them by the minority. Such were the cir cumstances, such was the fraud, such was the established rule and iron law under which Gen. Cass received his nomination. Let us inquire, in connection with this, what are some of the other dec• trines of the party to which Gen. Cass has been compelled to subscribe. Among other things, there stands prominently the assertion of the great right and du ty of the President of the United States to exercise the Veto Power, without ref• erence to the limitations prescribed by the fathers of the constitution. Every one who has perused the "Federalist" knows that Mr. Madison and his asso ciates uniformly maintained, that the great object of the veto was to enable the Executive of the United States to defend the Constitution and the Execu tive power within its limits. No man of their day pretended it was designed that the veto power should be extended, as it luts been, to every net of ordinary legislation, and every instance in which a party might by the aid of it elevate or sustain itself against the interests of the whole country. It never was imagined by any member of the convention which formed the Constitution that the veto clause in that instrument could be so construed by the most latitudinarian ex positor, as that the President of the United States should be enabled, by the force of that clause, to become a part of the legislative power of the country. Now, however, you find th. doctrine laid down by this party boldly in their public prints, that the President con stitutes a part of the legislative power of the country and that the veto power is unlimited, and was so intended to be by those who made the Constitution. Let me call the attention of the Senate to a consideration of the principles upon which this veto power was asserted in the American Constitution. 'rite first sentence of the Constitution declares that "all legislative powers herein granted shall be vested in the Sen ate and House of Representatives." No part of the legislative power is given to the President of the U. States. In the judgment of the fathers of the Repub. lie the Executive power constituted an essential component part of the legisla tive power. A qualified pOwer or revi vision was given to him, but it never was intended that he should exescise any legislative power. In order that we may understand this subject, which enters largely into the great questions now before us, let me read a portion of the debate on the adoption of the Con stitution. lam particularly desirous of the attention of the Senate to this point because I wish it to see by whom these extreme notions in relation to the veto power wore originally advanced. Du• ring this session of Congress, we have heard the honorable Senator from Ohio, (Mr. Allen,) utter very strong denunci ations against Colonel Hamilton as the intentional advocate of kingly and mon archial doctrines; (Ind rt traitor to the cause of liberty. Ido ndt stand here for the purpose of branding one of the greatest men the country ever produeed with ignominious charges—but 1 desire to show that the great leader of the Federal party when this subject was first first presented to the consideration of the old Continental Congress, was the very man to press this veto power upon the convention, and to insist upon its being made absolute and unqualified. In Mad ison's state papers, page 151, we read : "Mr. Gerry's proposition being now before the committee, Mr. Wilson, (then called a 'con solidation federalist,') and Mr. Hamilton moved that the last part of it be struck out, so as to give the Executive an absolute negative on the laws. There was no danger, they thought, of such a power being too much exercised. It was mentioned by Colonel Hamilton, the King of Great Britain had not exerted his negative since the Revolution." (i. e. 1688.) That is the argument in favor of the absolute veto made by one Who has been represented in this chamber, as the great aristocrat and monnrchilt of that day. Mr. Gerry, a Democrat of that day— Mr. MANGUM, (in his seat.) Re• publican. Mr. CLAYTON.—I thank my friend for the word. Republican is a mach better name, "Mr. Gerry said he saw no necessity for so great a control over the legislature, as the best men in the country would be comprised in the two branches of it. "Dr. VitAxstix said, he was sorry to ditibr from his colleague, for whom he had a very great respect, on any occasion, but he could not help it on this. He had had some experience of this check in the executive on the legislature, under the proprietary government of Pennsyl vania. The negative of the Governor was con stantly made use of to extort money. No good law whatever could be passed w•ithouta private bargain with him • ' If the executive was to have a council, such a power would be less ob jectionable. It was true, the King of Great Britain had not, as was said, exerted his nega tive since the revolution ; but that matter was easily explained. The bribes and emoluments now given to the members of Parliament render it unnecessary, every thing being done accord ing to the will of the ministers. He was afraid, if a negative should be given as proposed, the more power and money would be demanded, till at last enough would be got to influence and bribe the legislature into a complete subjection to the will of the executive." Then comes the Republican shoema ker, Roger Sherman. What did he sayl "Mr. SIISASIAN was against enabling any one man to step the will of thewhole. No one man could be Mini so far above all the rest in wis dom. Re thought we ought to avail ourselves of his Wisdom in revising the laws, butnot per mit him to overrule the decided and cool opin ions of the legislature." Mr. Wilson said in his speech for the veto, "there might be tempestuous mdments in which animosities may run high between {he execllti+6 and legislative branches, and in. which tile for- Ines ought to be able to defend itself." "Mr. BvrLen had been in favor of a single executive magistrate ; but could he have enter tained an idea that a complete negative on the laws WAS to be given him, he certainly should have acted very differently. It had been ob served, that in all countries the executive pow er is in constant course of increase. This was certainly the case in Great Britain. Gentlemen' seemed to think that we had nothing to appre hend from an abuse of the executive power. But why might not a Cataline or Cromwell arise in this country as well as in others !" "Mr. BEDFORD, of Delaware, was opposed to every cheek on the legislature, even the council or revision first proposed. He thought it would be sufficient to mark out in the Constitution the boundaries to the legislative authority, which would give all the requisite security to the rights of the other departments. The representatives of the people were the best judges of what was for their interest, and ought to be under no ex ternal , 1 control whatever. The two branches would produce a sufficient control within the legislature itself." "Col. Meson observed, that a vote had alrea dy passed, he found , --he was out at the time ; for vesting the executive power in a single per son. Among these powers was that of appoint ing to offices in certain eases. The probable abuses of a negative had been well explained by Dr. Franklin, as proved by experience, the best of all tests. Will not the same door be opened here 1 The executive may refuse its assent to necessary measures, till new appointments shall be referred to him, and, having by degrees en grossed all these into his n }digs, the Anieri can executive, like the British, will, by bribery and influence, save himself the trouble and odium of exerting his negative afterwards. We are, Mr. Chairman, going very far into this business. We are not indeed constituting British government, but a more dangerous mon archy—an elective one. We are inducing a new principle into our system, and not necessary, as in the British Government, where the executive has greater right to defend. Do gentlemen mean to pave the way to hereditary monarchy Do they flatter themselves that the people will ever consent to such an innovation 1 If they do I venture to tell them they are mistaken. The people never will consent. And do gen tlemen consider the danger of delay, and the still greater danger of rejection, not for a mo ment, but foreder,of the plan which shall be proposed to Die? Notwithstanding the dp pression and injustice experienced among us from democracy, the genius of the people is in favor of it, and the genius of the people must he consulted. Ile could not but consider the federal system as in effect dissolved by the ap pointment of this bonVention ai•Sise lidtet one. And do gentlemen look forward to the dangerous interval between the extinction of an old, and the establishment Of a new government, and to the scenes of confusion which may ensue? He hoped that nothing like a monarchy would ever be attempted in this country. A 'litre(' VI its oppressions had carried the people through the late revolution. Will it not be enough to enable the executive to suspend offensive laws, till they shall be cooly revised, and the objec tions to them overruled by a greater majority than was required in the first instance ? He never could agree to give tip all the rights of the people to a single magistrate. If more than one had- been fixed on, greater powers might have been intrusted to the executive. lie hoped this attempt to give such powers would have Its weight hereafter, as an argUmeni for increasing the number of the executive." After this, Or: Franklin again spoke itgainsf the veto power, treating this questititi its if it, involved that of mon• archy or republicanism ; and tine pas tsage of his speed' contains a prophecy so remarkable that I must read it to the Senate : • "The first man put at the helm (of party) will be a good one. Nobody knows what sort may come afterwards. The executive will be al, ways increasing here, as elsewhere, TILL IT ENIS IN A MONARCHY." Thus, then, it appears that the opin ion of six out of nine vho participated in the debate, was that an absolute and unqualified veto would introduce a great moorarchical feature in our free institu tions ; in other words, that the Exe6u ' tive would be converted into a monarth VOL. XIII; NO, 8a . . , by Its adoption. :That seas the opinion of ,Franitlin, of Meson,, of Sherman, of. Bedford, of all except the ultra Federal ists of the day. Now, where are we I, What is the party which now maintains this. ultra veto powec,l, The putt tat. arrogates to itself 'the titiffte• tff. .Defno crntic I Thnt is the party which places. in the foreground of its political plat form, the doctrine of the absolute and unqualified exercise, 4f. the tcto,petiver., That is the party which sustained the. absolute and unqualified veto on the land hill in 1833. That bill to distrib ute the nett proceeds of all the public' lands among the States, which pa,lied both Houses in March, iiM, *as ii,bill • which would have given the People of each State in this Union the means of educating all their children without tax.. ation, and of improving their, harbors'. and rivers. These funds have heen since. wasted upon land-jobbers & tinny faVor ites, on Government contractors and office-holders, ti not a dollar of all these unnumbered millions have been given to those who owned them, as rightfully as any man on earth, ever owned his own house. By an absolute veto--..a . pocket veto"—a vile trick and a fraud open the peeple and their Representa tives, this bill was defeated after the . Bepresriitatives of the nation had pass ,ed it by yeas 95, nays 40—more than two:thirds ! The bill passed within the last ten days of the session, as three fourths of all the laws of Congress aP ways have, and always will pass. Ex perience shows us that the labor§ Or clingress are consuinfnated within the I t ten days of each session, and that ii Which have bec fi discussed or ma-. ti for months are generally signed at th lose of the session. lf, therefore, th resident can, for the want of ten days, ieithlit whitli the Constitution al ,' lows him to' retain ri bill for his signs-, ture, withhold his sanction and refuse to return the bill, lie can defeat it; although two-thirds of each branch should he dis posed to pass it as the constitution, au• thorizes them to do. The Senate, ii.{: well as the House, in March, 1833, stood ready to annul the veto on the land bill. —The Senators from North and South Carolina, (Mr. Marmon and Mr. CAW, nouN,) as well as myself were present at the time in the Senate, and we are all here now ready to attest this to be erne, • t,f a trelitEn't Oitttiiiiiif hiittitt,f6tOr: ffintiOti of the spirit of the Seriate . I . against his veto power, and pocketed ' the bill, in defiance of the whole spirit Of the Constitution. This was a gross, ease of the exerthe of the absolute and, unqualified veto, Wlijeli has never been. condemned, but alWays approved, by ; your pseudo democra i sy ;*jittid is a fatal precedent, which may viaudity annul the whole power of .C,oneess: The un qualified rule or power of revision rec ognized by the Constitution, subject to• the Will of iiio.thirds of each branch of Congress, has been exercised in the Ca: see of the bill to pay the interest due the States for expenditures in the last war, the various bills for improvement Of rifera ttnd hdrbors, the bill triiiichar ter the Bank, the bill, td,e'qedllie the sessions of CongreiS, the Frefieh spoihi tion bill; - and in so many ether eases that it is difficult to enunierate them! These vetoes have been sustained by Execuz tive influence. Congress hai fallen be neath the Executive arm, strengthened as that is; and always will be, by a ye nil and subseri'ient press and the ready aid of the Post-Office Department, with a hundred thousand office-holders; Hitifiy of whom will always “Crook the preg nant hinges of the Ttriee where thrift may follow fawning." This *hole veto power, as thus exercised, is now Sus; tamed by the Baltimore platform, and promptly adopted by Gen. Cass, in his acceptance of the Baltimore nomination. It is part of his established creed. On the other hand how stands the man we support on this great and vital subject"! He denounces the kidgly pow er—the power for the exercise of *hich a Stuart and a Bourben lost their heads —confides the eet6 tti the Cases in *hick the fathers of the. Republic intended it to he exercised. He treats it as a "high conservative power." So did they. They declared by their etpoiition in the "Federalist," thtit tts thief objeot was "to enable the executiVe to defend him self when attacked." They meant it to be . a shield not a sword: "In my opinion," says Gen. Taylor in his letter to Capt. Allison, "it should never be exercised' except in casts clearly in violation of the Constitution, or of manifest haste: and want of consideration by contra's," HO modestly adds, " Indeed r likye' thought that for many years paet,' thee known opinions and *itches of the il: ecutive !lab(' exercised undue and 1111,ii: riourinfluenee upon the legislatibediz par , l.ment of the Government: a*d frost this :cause I have thought our syst.ns was LCONTINLED ON 101.1tTli rAGE.I