body of electors, some of whom are chosen by the people,
and some of whom are appointed by the State legislatures.
Where, then, is the authority for saying that the
President is the direct representative of the people?
The Constitution calls the members of the other house
Representatives, and declares that they shall be chosen
by the people; and there are no other direct or immediate
representatives of the people in this government.
The Constitution denominates the President simply
the President of the United States; it points out the
complex mode of electing him, defines his powers and
duties, and imposes limits and restraints on his authority.
With these powers and duties, and under these restraints,
he becomes, when chosen, President of the United States.
That is his character, and the denomination of his
office. How is it, then, that, on this official
character, thus cautiously created, limited, and defined,
he is to engraft another and a very imposing character,
namely, the character of the direct representative
of the American people? I hold this, Sir,
to be mere assumption, and dangerous assumption.
If he is the representative of all the American
people, he is the only representative which they all
have. Nobody else presumes to represent all the
people. And if he may be allowed to consider
himself as the SOLE REPRESENTATIVE OF ALL THE AMERICAN
PEOPLE, and is to act under no other responsibility
than such as I have already described, then I say,
Sir, that the government (I will not say the people)
has already a master. I deny the sentiment, therefore,
and I protest against the language; neither the sentiment
nor the language is to be found in the Constitution
of the country; and whoever is not satisfied to describe
the powers of the President in the language of the
Constitution may be justly suspected of being as little
satisfied with the powers themselves. The President
is President. His office and his name of office
are known, and both are fixed and described by law.
Being commander of the army and navy, holding the
power of nominating to office and removing from office,
and being by these powers the fountain of all patronage
and all favor, what does he not become if he be allowed
to superadd to all this the character of single representative
of the American people? Sir, he becomes what
America has not been accustomed to see, what this Constitution
has never created, and what I cannot contemplate but
with profound alarm. He who may call himself
the single representative of a nation may speak in
the name of the nation, may undertake to wield the
power of the nation; and who shall gainsay him in
whatsoever he chooses to pronounce to be the nation’s
will?
I will now, Sir, ask leave to recapitulate the general doctrines of this Protest, and to present them together. They are,—
That neither branch of the legislature can take up, or consider, for the purpose of censure, any official act of the President, without some view to legislation or impeachment;