FREE BOOKS

Author's List




PREV.   NEXT  
|<   705   706   707   708   709   710   711   712   713   714   715   716   717   718   719   720   721   722   723   724   725   726   727   728   729  
730   731   732   733   734   735   736   737   738   739   740   741   742   743   744   745   746   747   748   749   750   751   752   753   754   >>   >|  
servants. If I may use a legal phrase, the people are grantors, not grantees. They give to the government, and to each branch of it, all the power it possesses, or can possess; and what is not given they retain. In England, before her revolution, and in the rest of Europe since, if we would know the extent of liberty or popular right, we must go to grants, to charters, to allowances and indulgences. But with us, we go to grants and to constitutions to learn the extent of the powers of government. No political power is more original than the Constitution; none is possessed which is not there granted; and the grant, and the limitations in the grant, are in the same instrument. The powers, therefore, belonging to any branch of our government, are to be construed and settled, not by remote analogies drawn from other governments, but from the words of the grant itself, in their plain sense and necessary import, and according to an interpretation consistent with our own history and the spirit of our own institutions. I will never agree that a President of the United States holds the whole undivided power of office in his own hands, upon the theory that he is responsible for the entire action of the whole body of those engaged in carrying on the government and executing the laws. Such a responsibility is purely ideal, delusive, and vain. There is, there can be, no substantial responsibility, any further than every individual is answerable, not merely in his reputation, not merely in the opinion of mankind, but _to the law_, for the faithful discharge of his own appropriate duties. Again and again we hear it said that the President is responsible to the American people! that he is responsible to the bar of public opinion! For whatever he does, he assumes accountability to the American people! For whatever he omits, he expects to be brought to the high bar of public opinion! And this is thought enough for a limited, restrained, republican government! an undefined, undefinable, ideal responsibility to the public judgment! Sir, if all this mean any thing, if it be not empty sound, it means no less than that the President may do any thing and every thing which he may expect to be tolerated in doing. He may go just so far as he thinks it safe to go; and Cromwell and Bonaparte went no farther. I ask again, Sir, is this legal responsibility? Is this the true nature of a government with written laws and limited powers? And allow me,
PREV.   NEXT  
|<   705   706   707   708   709   710   711   712   713   714   715   716   717   718   719   720   721   722   723   724   725   726   727   728   729  
730   731   732   733   734   735   736   737   738   739   740   741   742   743   744   745   746   747   748   749   750   751   752   753   754   >>   >|  



Top keywords:
government
 

responsibility

 

President

 

people

 

powers

 

responsible

 
public
 

opinion

 

limited

 

grants


branch
 

extent

 

American

 
duties
 
individual
 
purely
 

delusive

 
executing
 

engaged

 

carrying


mankind

 

faithful

 

reputation

 

answerable

 

substantial

 
discharge
 

thinks

 
tolerated
 

Cromwell

 

Bonaparte


nature

 

written

 

farther

 

expect

 
servants
 

thought

 
brought
 

expects

 

assumes

 

accountability


restrained

 

republican

 

undefined

 
undefinable
 

judgment

 
States
 
allowances
 

indulgences

 
charters
 
phrase