Part 31 (1/2)

It is twelve or thirteen years, Gentleress, by the choice of the citizens of Boston They saw fit to repeat that choice more than once; and I e to theation for these islature of the State saw fit to transfer ain renewed the trust, under circuations of duty, and an increased devotion to the political welfare of the country These twelve or thirteen years, Gentlemen, have been years of labor, and not without sacrifices; but both have been ood-will, and the favorable interpretation hich e of official duties has been received In this changing world, we can hardly say that we possess what is present, and the future is all unknown But the past is ours Its acquisitions, and its enjoy the treasures of the past most to be cherished and preserved, I shall ever reckon the proofs of esteem and confidence which I have received froislature of Massachusetts

In one respect, Gentlemen, your present oppresses ns to me a character of which I feel I am not worthy ”The Defender of the Constitution” is a title quite too high forthe ablethose who nant fortune shall shed their selectest influence, will have praise enough, and reward enough, if, at the end of his political and earthly career, though that career ht as the track of the sun across the sky, the marble under which he sleeps, and thatcountrymen, shall pronounce hih for me, Gentlemen, to be connected, in the reat wonder of modern tih for me to stand in the ranks, and only to be counted as one of its defenders

The Constitution of the United States, I am confident, will protect the name and the memory both of its founders and of its friends, even of its hu of its own everdistinction; I had al remembrance Centuries hence, when the vicissitudes of human affairs shall have broken it, if ever they shall break it, into fragments, every shattered column, every displaced foundation-stone, shall yet be sure to bring theratitude of mankind

Gentlemen, it is to pay respect to this Constitution, it is to manifest your attachment to it, your sense of its value, and your devotion to its true principles, that you have sought this occasion It is not to pay an ostentatious personal compliment If it were, it would be unworthy both of you and of me It is not to manifest attachment to individuals, independent of all considerations of principles; if it were, I should feel itthat which, at this very ers to the Constitution itself Your gift would have no value in eant, if I did not know that they are both but nify your attachment to the true principles of the Constitution; your fixed purpose, so far as in you lies, to maintain those principles; and your resolution to support publicas they shall support and stand by the Constitution of the country, and no longer

”The Constitution of the country!” Gentlemen, often as I am called to contenifies itself more and more, before me I cannot view its preservation as a concern of narrow extent, or temporary duration On the contrary, I see in it a vast interest, which is to run doith the generations of reat portion of the earth with a direct, and over the rest with an indirect, but a most powerful influence When I speak of it here, in this thick crowd of fellow-citizens and friends, I yet behold, thronging aboutcrowd I see a united rush of the present and the future I see all the patriotic of our own land, and our own time I see also the many millions of their posterity, and I see, too, the lovers of human liberty from every part of the earth, from beneath the oppressions of thrones, and hierarchies, and dynasties, froradation, and despotisht has penetrated; I see all those countless ather about us, and I hear their united and earnest voices, conjuring us, in whose charge the treasure now is, to hold on, and hold on to the last, by that which is our own highest enjoyment and their best hope

Filled with these sentih my political life hitherto always acted under the deepest conviction of their truth and iarded the preservation of the Constitution as the first great political object to be secured But I claim no exclusiveand unjust in me to separate myself, in this respect, from other public servants of the people of Massachusetts The distinguished gentlemen who have preceded and followed me in the representation of the city, their associates from other districts of the State, and ue, are entitled, one and all, to a full share in the public approbation If accidental circumstances, or a particular position, have sometimes rendered me more prominent, equal patriotis It were invidious to enu the may they live! and I could hardly express a better wish for the interest and honor of the States, than that the public men who may follow them may be as disinterested, as patriotic, and as able as they have proved themselves

There have been, Gentlemen, it is true, anxious entleman who has addressed me in your behalf has alluded; I mean the debate in January, 1830 It seemed to me then that the Constitution was about to be abandoned Threatened with ers, it was not only not defended, but attacked, as I thought, and weakened and wounded in its vital powers and faculties, by those to whom the country naturally looks for its defence and protection It appeared to o to pieces, before the people were at all aware of the extent of the danger The occasion was not sought, but forced upon us; it seemed to me momentous, and I confess that I felt that even the little that I could do, in such a crisis, was called for by every motive which could be addressed to a lover of the Constitution I took a part in the debate, therefore, with my whole heart already in the subject, and careless for every thing in the result, except the judgment which the people of the United States should form upon the questions involved in the discussion I believe that judg is due tomade an earnest effort to present the true question to the people, and to invoke for it that attention froh importance appeared to me to demand

The Constitution of the United States, Gentlemen, is of a peculiar structure Our whole syste model, likened to no precedent, and yet founded on principles which lie at the foundations of all free governovernments exist It is a complicated system It is elaborate, and in some sense artificial, in its conties, all exercising legislative, judicial, and executive powers So existed, and, subject only to the restraint of the power of the parent country, had been accustomed to the forms and to the exercise of the powers of representative republics Others of the into existence only under the Constitution itself; but all now standing on an equal footing

The general government, under which all these States are united, is not, as has been justly remarked by Mr Gray, a confederation It is much overnans, of such a governuarded government It exists under a written constitution, and all that human wisdom could do is done, to define its powers and to prevent their abuse It is placed in as supposed to be the safest erous authority on the one hand, and debility and inefficiency on the other I think that happy reatest political sagacity, and the influence of the highest good fortune We cannot move the systee; and as experience has taught us its safety, and its usefulness, when left where it is, our duty is a plain one

It cannot be doubted that a systeer, in every stage of its existence It has not the simplicity of despotism It is not a plain column, that stands self-poised and self-supported Nor is it a loose, irregular, unfixed, and undefined systees, without losing its character But it is a balanced and guarded system; a system of checks and controls; a systeated, and as carefully lined to produce an aggregate whole, which shall be favorable to personal liberty, favorable to public prosperity, and favorable to national glory And who can deny, that, by a trial of fifty years, this Aovern all these blessings? These years have been years of great agitation throughout the civilized world In the course of theed Old and corrupt governments have been destroyed, and new ones, erected in their places, have been destroyed too, soh all the extraordinary, the most extraordinary scenes of this half-century, the free, popular, representative government of the United States has stood, and has afforded security for liberty, for property, and for reputation, to all citizens

That it has been exposed to ers, that it has met critical ers, and that a crisis is now before it, is equally clear, in ilance and patriotisers, Gentle to fear fron powers, except those interruptions of the occupations of life which all wars occasion The dangers to our syste fron hostility would be then our union, by an augers are froers which have in all ages beset republican govern the rich, the corruption of public officers, and the general degradation of public ers to which the structure of our government particularly exposes it, in addition to all other ordinary dangers These arise a up at home; and the evil which they threaten is no less than disunion, or the overthrow of the whole systes and local parties, a notion sometimes a sedulously cultivated of opposite interests in different portions of the Union, evil prophecies respecting its duration, cool calculations upon the benefits of separation, a narrow feeling that cannot embrace all the States as one country, an unsocial, anti-national, and half-belligerent spirit, which sometimes betrays itself,--all these undoubtedly are causes which affect, ether

All these are unpropitious influences

The Constitution, again, is founded on coard to every stipulation of this kind contained in it is indispensable to its preservation Every atterasp that which is regarded as an iood, in violation of these stipulations, is full of danger to the whole Constitution I need not say, also, that possible collision between the general and the State governer to be strictly watched by wise ers now, in , I will state at once my opinions on that point, without fear and without reserve I reproach no s as they appear to me, and I speak of principles and practices which I deereat practical change is going on in the Constitution, which, if not checked, e consists in the diress on the one hand, and in the vast increase of executive authority on the other The governislative power of Congress, see, one after another, its accustomed powers One by one, they are practically struck out of the Constitution What has become of the power of internal improvement? Does it remain in the Constitution, or is it erased by the repeated exercise of the President's veto, and the acquiescence in that exercise of all who call themselves his friends, whatever their own opinions of the Constitution may be? The power to create a national bank, a power exercised for forty years, approved by all Presidents, and by Congress at all times, and sanctioned by a solemn adjudication of the Suprereed to strike this power, too, from the Constitution, in compliance hat has been openly called the interests of party? Nay,doarded as in the Constitution, or out of it?

But, if it be true that the diress, in these particulars, has been attempted, and attempted with more or less success, it is still overnerously increased It is spread, in the first place, over all that ground froress can no longer establish a bank, controlled by the laws of the United States, amenable to the authority, and open, at all tiislature It is no longer constitutional to make such a bank, for the safe custody of the public treasure But of the thousand State corporations already existing, it is constitutional for the executive government to select such as it pleases, to intrust the public , without responsibility to the laws of the United States, without the duty of exhibiting their concerns, at any tiuards or securities than such as executive discretion on the one hand, and the banks theree to

And so of internal i in the nature of public improvements which is forbidden It is only that the selection of objects is not with Congress Whatever appears to the executive discretion to be of a proper nature, or such as coible limits, may be tolerated And even with respect to the tariff itself, while as a system it is denounced as unconstitutional, it is probable soht find favor

But it is not the frequent use of the power of the veto, it is not the readiness hich men yield their own opinions, and see important powers practically obliterated from the Constitution, in order to subserve the interest of the party, it is not even all this which furnishes, at the presentdemonstration of the increase of executive authority It is the use of the power of patronage; it is the universal giving and taking away of all place and office, for reasons no way connected with the public service, or the faithful execution of the laws; it is this which threatens with overthrow all the true principles of the governe is reduced to a system It is used as the patriess, a bounty, a favor; and it is expected to be compensated by service and fealty A nu with activity and zeal, and with incredible union of purpose, is atte posts, and to control, effectually, the expression of the public will As has been said of the Turks in Europe, they are not sous And it is eneral prosperity produces, aard to the efforts and objects of this well-trained and effective corps But, Gentlemen, the principle is vicious; it is destructive and ruinous; and whether it produces its work of disunion to-day or to-morrow, it must produce it in the end It overnovernment of the United States controls the army, the navy, the custoreat sources of patronage What have the States to oppose to all this? And if the States shall see all this patronage, if they shall see every officer under this government, in all its ra steadily in a design to produce political effect, even in State governments, is it possible not to perceive that they will, before long, regard the whole government of the Union with distrust and jealousy, and finally with fear and hatred?

A other evils, it is the tendency of this systes and party spirit to their utmost excess It involves not only opinions and principles, but the pursuits of life and the , in the contests of party The executive himself becomes but the mere point of concentration of party power; and when executive power is exercised or is claimed for the supposed benefit of party, party will approve and justify it When did heated and exasperated party ever corees of power?

This systeovernment has been openly avowed Offices of trust are declared, froular spoils of party victory; and all that is furnished out of the public purse, as a reward for labor in the public service, becomes thus a boon, offered to personal devotion and partisan service The uncontrolled power of re which overner, till some check is placed on that power

To coreat party by the influence of personal hopes, to govern by the patronage of office, to exercise the power of ree effectual,--this seems to be the sum and substance of the political systeer in the Senate

The policy began in the last year of Mr Adams's administration, when no by death or resignation were postponed, by a vote of the4th of March; and this was done with no other view than that of giving the patronage of these appointe of the Supreular action of the governed, and undue and unjustly obtained patronage caovernentlemen who concurred in this vote have since, probably, seen occasion to regret it But they thereby let loose the lion of executive prerogative, and they have not yet found out how they can drive it back again to its cage The debates in the Senate on these questions, in the session of 1828-29, are not public; but I take this occasion to say, that the minority of the Senate, as it was then constituted, including, aainst this innovation upon the Constitution, for days and for weeks; but we contended in vain

The doctrine of patronage thus got a foothold in the govern, at first, no small share of public attention; but every exercise of the power rendered its exercise in the next case still easier, till reovernment is ado into the history of this power of reton, by a very sress It has been considered as existing to the present time But no man expected it to be used as a mere arbitrary power; and those who maintained its existence declared, nevertheless, that it would justly become matter of impeachment, if it should be used for purposes such as those to which theus must admit they have recently seen it habitually applied I have the highest respect for those who originally concurred in this construction of the Constitution But, as discreet men of the day were divided on the question, as Madison and other distinguished nauished names on the other, onethe iance, since heto the President alone; that it was but a part of the power of appoint onethat office, by re another out of it; and as the whole power of appointranted, not to the President alone, but to the President and Senate, the true interpretation of the Constitution would have carried the power of removal into the same hands I have, however, so recently expressed my sentiments on this point in another place, that it would be improper to pursue this line of observation further