Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
circumstances, every gentleman would feel an honorable pride in
contributing his efforts to devise measures for repelling foreign
aggressions, and he would court the responsibility attached to his
station. I would not, Mr. President, give up a scintilla of that
portion of the responsibility which the crisis imposes on me. Indeed,
sir, to have the honor of bearing my full share of it, is the only
inducement I have at this moment for occupying a place on this floor.
Without that consideration I should now be in retirement. But when I
turn my eyes upon internal divisions, discontents and violations of
law, and am compelled to think of measures for their suppression, it
produces the most painful sensations and distressing reflections.
The great principle of objection, the gentlemen tell us, consists
in the transfer of legislative powers to the Executive Department.
This is an old an abstract question, often heretofore brought into
view, and leads to endless discussion. I think I shall be able to
show that the bill introduces no new principle in this respect, but
only applies an established principle to new practical objects. The
general principle of the separation of departments is generally
admitted in the abstract; but the difficulties in this discussion
arise from applying the principle to practical objects. The great
difficulty exists in the attempt to fix on the precise boundary
line between legislative and Executive powers in their practical
operation. This is not possi-[1] You might attempt the search for the
philosopher's stone, or the discovery of the perpetual motion, with
as much prospect of success. The reason of this difficulty is, that
the practical objects and events to which this abstract principle is
attempted to be applied, are perpetually varying, according to the
practical progression of human affairs, and therefore cannot admit of
any uniform standard of application. This reflection might have saved
the gentleman from Massachusetts (Mr. LLOYD) the trouble of reading to
us the constitution or bill of rights of Massachusetts, in which the
principle of separation of departments is very clearly and properly
laid down, and which will be very readily assented to in the abstract,
but which forms no part of the question in dispute. It cannot,
however, escape observation, that this principle is not laid down,
even in the abstract, in the Constitution of the United States; and,
although it is the leading principle of the constitution, and probably
was the principal guide in its formation, it is nevertheless in several
respects departed from.
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