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in power is directed rather to the propagation Constitution. This exercise of the right of opinions, favorable to themselves, than to appointment, to this end, is an augmentation, the execution of the laws. This propagation and a vast one, of the Executive power, singly of opinions through the press, becomes the and alone. It uses that power strongly against main administration duty. Some fifty or sixty all other branches of the Government, and it editors of leading journals have been appoint- uses it strongly, too, for any struggle which it ed to office by the Executive power. A stand may be called on to make with public opinion. has been made against this proceeding in the Mr. President, I will quit this topic. There is Senate, with partial success-but by means of much in it, in my judgment, affecting not only appointments, which do not come before the the purity and independence of the press, but Senate, or other means, the number has been (also the character and honor, the peace and carried to the extent I have mentioned. Cer-security, of the Government. I leave it, in all tainly, Sir, the editors of the public journals are its bearings, to the consideration of the people. not to be disfranchised. Certainly, they are Mr. President, among the novelties introduced fair candidates either for popular elections, or a into the Government by the present administras joint participation in office. Certainly, they tion, is the frequent use of the President's nega reckon, in their number, some of the first tive on acts of Congress. Under former Presidents geniuses, the best scholars, and the most honest this power has been deemed an extraordinary and well principled men in the country. But one, to be exercised only in peculiar and markthe complaint is against the system, against the ed cases. It was vested in the President, practice, against the undisguised attempt to doubtless, as a guard against hasty or inconsidsecure the favor of the press, by means address-erate legislation, and against any act, inadverted to its pecuniary interest. And these means, ently passed, which might seem to encroach on too, drawn from the public treasury-being no the just authority of other branches of the Goother than the appointed compensations for the vernment. I do not recollect that by all Gen. performance of official duties. Sir, the press Jackson's predecessors, this power was exer itself should resent this. Its own character for cised more than three or four times. Not hav purity and independence is at stake. It should ing recurred to the Journals, I cannot, of course, resist a connexion, rendering it obnoxious to so be sure that I am numerically accurate in this many imputations. We should point to its particular; but such is my belief. I recollect honorable denominations in our Constitutions no one in the time of Mr. John Adams, Mr. of Government, and it should maintain the cha- Jefferson, Mr. Monroe, or Mr. John Quincy racter there ascribed to it, of a FREE PRESS. Adams. The only cases which occur to me, There can, Sir, be no objection to the ap-are two in General Washington's ad ninistrapointment of an editor to office, if he is the tion, and two in Mr. Madison's. There may fittest man. There can be no objection to on-be some others; but we all know that it is a sidering the services, which in that, or any power which has been very sparingly and reother capacity, he may have rendered his luctantly used, from the beginning of the Gocountry. He may have done much to maintain vernment. The cases, Sir, to which I have her rights against foreign aggression, and her now referred, were cases in which the President character against insult. He may have honor- returned the bill with objections. The silent ed, as well as defended her-and may, there- veto is, I believe, the exclusive adoption of the fore, be justly regarded and selected, in the present administration. I think that some years choice of faithful public agents. But the ground ago, a bill, by inadvertence or accident, failed of complaint is, that the aiding, by the press, of to receive the President's signature, and so did the election of an individual, is rewarded by that not become a law. But I am not aware of any same individual with the gift of moneyed offices. instance, before the present administration, in Men are turned out of office, and others put in, which the President has, by design, omitted to and receive salaries from the public treasury, sign a bill, and yet has not returned it to Conon the ground, either openly avowed, or falsely gress. But since the present administration denied, that they had rendered service in the came into power, the Viro, in both kinds, has election of the very individual-who makes this been repeatedly applied. In the case of the removal, and makes this appointment. Every Maysville road, the Montgomery road, and man, Sir, must see that this is a vital stab at the the bank, we have had the veto, with reasons. purity of the press. And it is not only attempt- In an internal improvement bill of a former sese ing the independence of the press, by address- sion, in a similar bill at the late session, and in ing sinister motives, but it is furnishing the the State interest bill, we have had the silent means of exciting these motives, from the VETO, or refusal, without reasons. public treasury. It extends the Executive Now, Sir, it is to be considered, that the power over the press in a most daring manner. President has the power of recommending It operates to give a direction to opinion, not measures to Congress. Through his friends, favorable to the Government, in the aggregate he may and does oppose, also, any legislative -not favorable to the Constitution and laws-movement which he does not approves If, in not favorable to the legislature, but favorable addition to this, he may exercise a silent veto, to the Executive orders. The consequence at his pleasure, on all the bills presented to him often is just what might be looked for, that the during the last ten days of the session; if he portion of the press, thus made fast to the may refuse assent to them all, without being Executive interest denounces the judiciary, called upon to assign any reason whatever, it complains of the laws, and quarrels with the will certainly be a great practical augmentation

of his power. Any one who looks at a volume Tribunal has pronounced to be null and void. of the Statutes, will see that a great portion of The Supreme Court have decided that the act all the laws are actually passed within the last of Congress is constitutional, that it is a binding ten days of each session. If the President is at statute, that it has the same force as other laws, liberty to negative and, or all of these laws at and is as much entitled to be obeyed and exepleasure, or rather to refuse to render the bills cuted as other laws. The President declares laws, by approving them, and still may neglect that the law of Congress has been superseded to return them to Congress for renewed ac- by the law of the State, and therefore he will tion, he will hold a very important control over not carry its provisions into effect. Now, we the legislation of this country. The day of ad- know, sir, that the Constitution of the United journment is actually fixed some weeks in ad- States declares that, that Constitution, and all vance. This being fixed, a little activity and acts of Congress passed in pursuance of it, shall perseverance may easily, in most cases, and per- be the supreme law of the land, any thing in any haps in all, where no alarm has been excited, State law to the contrary notwithstanding. This postpone important pending measures to a pe. would seem to be a plain case, then, in which riod within ten days of the close of the session; the law should be executed. It has been reand this operation leaves all such measures at cently decided to be in actual force, by the the pleasure of the President to sign the bills highest judicial authority; its execution is deor not, without being obliged to state his rea- manded for the relief of free citizens, now suf. sons publicly. fering the pains of unjust and unlawful impri A silent VETO on the bank bill would have sonment;yet, the President refuses to execute its been the inevitable fate of that bill, if its friends | In the case of the Chicago road, some sessions had not refused to fix on any term for adjourn ago, the President approved the bill, but acment before the President should have had the companied his approval by a message, saying bill so long as to be required, by constitutional how far he deemed it a proper law, and how far, provisions, to sign it, or to send it back with therefore, it ought to be carried into execution. his reasons for not signing it. The two Houses In the case of the harbor bili of the late ses.. did not agree, and could not agree, to fix a day sion, being applied to by a member of Confor adjournment, until the bill was sent to the gress for directions for carrying parts of the President, and then care was taken to fix on law into effect, he declined giving them, and such a day as should allow him the whole con- made a distinction between such parts of the law stitutional period. This seasonable presenti- as he should cause to be executed, and such as he ment rescued the bill from the power of the si- should not; and his right to make this distinction lent negative. has been openly maintained by those who This practical innovation on the mode of ad- habitually defend his measures. Indeed, Sir, ministering the Government, so much at vari- these and other liberties taken with plain ance with its general principles, and so capa- statute laws flow naturally from the principles ble of defeating the most useful acts, deserves expressly avowedby the President under his own public consideration. Its tendency is to distract hand. In that important document, Sir, upon the harmony which ought always to exist be- which it seems to be his fate to stand or fall tween Congress and the Executive, and to turn before the American people, the VETO message, that which the Constitution intended only as he holds the following language: "Each public an extraordinary remedy for extraordinary cases, officer,who takes an cath to support the Constitu into a common means of making executive dis tion, swears that he will support it as he undereretion paramount to the discretion of Congress, stands it, and not as it is understood by others.' in the enactment of laws. Mr. President, the general adoption of the sen Mr. President, the Executive Government timents expressed in this sentence, would dishas not only used these unaccustomed means solve our Government. It would raise any to prevent the passage of laws, but it has also man's private opinions into a standard for his refused to enforce the execution of laws actu-own conduct: and there certainly is, there can ally passed. An eminent instance of this is be, no Government, where every man is to found in the course adopted relative to the In- judge for himself, of his own rights and his ow dian intercourse law of 1802. Upon being ap- obligations. Where every one is his own arbiplied to, in behalf of the MISSIONARIES, to ex- ter, force, and not law, is the governing power. ecute that law for their relief and protection, He who may judge for himself, and decide for the President relied, that the State of Georgia himself, must execute his own decisions; and having extended her laws over the Indian territo- this is the law of force. I confess, Sir, it strikes ry, the laws of Congress had thereby been su- me with astonishment, that so low, so wild, so perseded. This is the substance of his answer, disorganizing a sentiment should be uttered by as communicated through the Secretary of War. a President of the United States. I should He holds, then, that the law of the state is pu think it must have escaped from its author, ramount to the law of Congress. The Supreme through want of reflection, or from the habits Court has adjudged this act of Georgia to be of little reflection, on such subjects, if I could void, as being repugnant to a constitutional law suppose it possible that on a question exciting of the United States. But the President pays so much public attention, and of so much na no more regard to this decision thah to the act tional importance in itself,any such extraordina of Congress itself. The MISSIONARIES remain ry doctrines should find its way, through inadin prison, held there by a condemnation under vertence, into a formal and solemn public act. a law of a State, which the Supreme Judicial Standing as it does, it affirms a proposition

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which would effectually repeal all constitutional well as the President of the United States, have and ail legal obligations. sworn to support the Constitution. Both he The Constitution declares that public officers and they have taken the same oath, in the same in the State Governments, as well as in the Ge- words. Now, sir, since he claims the right to neral Government, shall take an oath to sup-interpret the Constitution as he pleases, how port the Constitution of the United States. This can he deny the same right to them? Is his oata s all. Would it not have cast an air of less stringent than theirs? Has he a prerogative ridicule on the whole provision, if the Constita of dispensation, which they do not poss-ss? tion had gone on to add the words, "as he un. How can he answer them, when they tell him derstands it?" What could come nearer to a that the revenue laws are unconstitutional, a solemn farce than to bind a man, by oath, and they understand the Constitution, and that, therestill leave him to be his own interpreter of his fore, they will nullify them? Will he reply to own obligation? Sir, those who are to execute them, according to the doctrines of his anual the laws have no more a license to construe message in 1830, that precedent has settled the them for themselves, than those whose only du- question, if it was ever doubtful? They will ty is to obey them. Public officers are bound answer him, in his own words, in the Veto Mesto support the Constitution; private citizens are sage, that in such a case precedent is not bindbound to obey it; and there is no more indul. ing. Will he say to them, that the revenuƐ gence granted to the public officer, to support law is a law of Congres, which must be execut the Constitution only as he understands it, than ed, until it shall be declared void? They will to a private citizen so to obey it, only as he un-answer him, that, in other cases, he has himself derstands it; and what is true of the Constitution, refused to execute laws of Congress which had in this respect, is equally true of any law. Laws not been declared void, but which had been, are to be executed, and to be obeyed, not as on the contrary, declared valid. Will he urge individuals may interpret them, but according the force of judicial decision? They will anto public, authoritative interpretation and ad-swer, that he himself does not admit the bindjudication. The sentiment of the message ing obligations of such decisions. Sir, the Prewould abrogate the obligation of the whole cri-ident of the United States is of opinion that an minal code. If every man is to judge of the individual, cailed on to execute a law, may, Constitution and the laws for himself, if he is himself, judge of its constitutional validity. to obey and support them only as he may say Has nullification any thing more revolutionary he understands them, a revloution, I think, than that? The President is of opinion that juwould take place in the administration of jus dicial interpretations of the Constitution and the tice; and discussions about the law of treason, laws do not bind the consciences, and ought murder, and arson, should be addressed, not to not to bind the conduct, of men. Has nullification the judicial bench, but to those who night any thing more disorganizing than that? The stand charged with such offences. The object of President is of opinion that every officer is discussion should be, if we run out this notion bound to support the Constitution only accordto its natural extent, to convince the culprit ing to what ought to be, in his private opinion, himself how he ought to understand the law. its construction. Has nullification, in its wildMr. President, how is it possible, that a sen- est flight, ever reached to an extravagance like timent so wild, and so dangerous, so encourag-that? No, sir, never. The doctrine of uuli-fiing to all who feel a desire to oppose the laws, cation, in my judgment, a most false, dangerand to quarrel with the Consti'ution, should ous, and revolutionary doctrine, is this, that have been uttered by the President of the Unit- the State, or a State, may declare the extent of ed States, at this eventful and critical moment? the obligations which its citizens are under to Are we not threatened with dissolution of the the United States; in other words, that a State, Union? Are we not told that the laws of the by State laws, and State judicatures, may conGovernment shall be openly and directly resist-clusively construe the Constitution for its own ed? Is. not the whole country looking, with citizens. But that every individual may cunthe utmost anxiety, to what may be the result strue it for himself, is a refinement on the theoof these threatened courses? And, at this very ry of resistance to constitutional power, a subli. moment, so full of peril to the States, the Chief mation of the right of being disloyal to the Magistrate puts forth opinions and sentiments as Union, a free charter for elevation of private truly subversive of all Government, as absolute- opinion above the authority of the fundamental ly in conflict with the authority of the Constitu- Law of the State, such as was never presented tion, as the wildest theories of nullification. Mr. to the public view and the public astonishment, President, I have very little regard for the law, even by nullification itself. Its first appearance or the log.c, of nullification. But there is not is in the VETO Message. Melancholy and b an individual in its ranks, capable of putting mentable,indeed, sir, is our condi ion, when, at two ideas together, who, if you will grant him a mom.nt of serious danger and wide-spread the principles of the Veto Message, cannot de. Jafarin, such sentiments are found to proceed fend all that nullification has ever threatened. from the Chief Magistrate of the Government. To make this assertion good, sir, let us see how Sir, I cannot feel that the Constitution is safe in the case stands. The Legislature of South such hands. I cannot feel that the present adCarolina, it is said, will nullify the late revenue ministration is its fit and safe guardian. or tarili law, because, they say, it is not war- But let me ask, Sir, what evidence there is ranted by the Constitution of the United States, that the President is himself opposed to the as they understand that Constitution. They, as doctrines of nullification. I do not say to the

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political party which now pushes these doc-against superseding the authority of the laws, trines, but to the doctrines themselves. Has by an armed force, under pretence of putting he any where rebuked them? Has he any where down nullification. discouraged them? Has his influence been ex- The President has no authority to blockade erted to inspire respect for the Constitution, and Charleston, the President has no authority to to produce obedience to the laws? Has he fol- employ military force, till he shall be duly relowed the bright example of his predecessors; quired so to do, by law, and by the civil auhas he held fast by the institutions of his coun- thorities. His duty is to cause the laws to be try; has he summoned the good and the wise executed. His duty is to support the civil auaround him; has he admonished the country thority. His duty is, if the laws be resisted, to that the Union is in danger, and called on all employ the military force of the country, if ne the patriotic to come out in its support? Alas! cessary, for their support and execution; but to Sir, we have seen nothing, nothing of all this. do all this, in compliance only with law and Mr. President, I shall not discuss the doc- with decisions of the tribunals. If, by any intrine of nullification. I am sure it can have no genious devices, those who resist the laws esfriends here. Gloss it and disguise it as we cape from the reach of judicial authority, as it is may, it is a pretence incompatible with the au- now provided to be exercised, it is entirely thority of the Constitution. If direct separa- competent to Congress to make such new protion be not its only mode of operation, separa- visions as the exigency of the case inay detion is, nevertheless, its direct consequence. mand. These provisions undoubtedly will be That a State may nullify a law of the Union, made. With a constitutional and efficient head and still remain in the Union; that she may of the Government, with an administration have Senators and Representatives in the Go- really and truly in favor of the constitution, the vernment, and yet be at liberty to disobey and country can grapple with nuflification. By resist that Government; that she may partake the force of reason, by the progress of enlight in the common councils, and yet not be bound ened, opinion, by the natural, genuine patriotby their results; that she may control a law of ism of the country, and by the steady and well Congress, so that it shall be one thing with sustained operations of law, the progress of her, while it is another thing with the disorganization may be successfully checked, rest of the States; all these propositions seem and the union maintained. Let it be rememto be so absolutely at war with common sense bered, that where nullification is most pow. and reason, that I do not understand how any erful, it is not unopposed. Let it be rememintelligent person can yield the slightest assent bered that they who would break up the union to them. Nullification, it is in vain to attempt by force, have to march toward that object to conceal it, is dissolution; it is dismember through thick ranks of as brave and good inen inent; it is the breaking up of the Union. If as the country can rais; men, strong in charit shall practically succeed, in any State, from that moment there are twenty-four States in the Union no longer. Now, Sir, I think it exceed ingly probable that the President may come to an open rupture with that portion of his original party which now constitutes what is called the nullification party. I think it likely he will oppose the proceedings of that party, if they shall adopt measures coming directly in conflict with the laws of the United States. But how will he oppose? What will be his course of remedy? Sr, i wish to call the attention of the meeting, and of the people, earnestly to this question, how will the President attempt to put down nullification, if he shull attempt it at all?

cter, strong in intelligence, strong in the purty of their own motives, and ready, always ready, to sacritice their fortunes and their lives to the preservation of the constitutional union of the States. If we can relieve the country from an administration which denies to the constitution those powers which are the breath of its life, if we can place the government in the hands of its friends,. if we can secure it against the dangers of irregular and unlawful and military force; if it can be under the lead of an adramistration where moderation, firmness, and wisdom shall inspire confidence and command respect, we may yet surmount the dangers, numerous and formidable as they are, which surround us.

Sir, for one, I protest in advance against such And, sir, I see little prospect of overcoming remedies as I have heard hinted. The admi- these dangers without a change of men. After nistration itself keeps a profound silence, but all that has passed, the re-election of the preits friends have spoken for it. We are told, sir, sent executive will give the national sunction that the President will immediately employ the to sentiments, and to measures, which will efmilitary force, and at once blockade Charleston! fectually change the government, which, m A multary remedy, a remedy by direct belliger short, must destroy the government. If the ent operation, has been thus suggested, and President be re-elected, with concurrent and nothing else has been suggested, as the intend-co-op rating majorities in both Houses of Coned means of preserving the Cmon. Sig, there gress, I do not see that, of four years more, is no little reason to think that this suggestion all the power which is suired to reman in We cannot be altogether unmindful of the government, wil not be holden by the exthe fact; and therefore we cannot be altogether ecutive hand. Nuslification will proceed or unapprehensive for the future. For one, Sir, will be put down by a power as unconstitutionI raise my voice beforehand, against the unau-al as tself. The revenues will be managed thorized employment of military power, and by a treasury bank. The use of the VETO will

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be considered as sanctioned by the public voice principles, and having similar interests, will feel The Senate, if not "cut down," will be bound the impulse of the same causes which affect down; and commanding the army and the navy, her. The people of the United States, by a and holding all places of trust to be party pro- vast and countless majority, are attached to the perty, what will then be left, sir, for constitu- Constitution. If they shall be convinced that it tional reliance?

is in danger, they will come to its rescue, and will save it. It cannot be destroyed even now, if THEY will undertake its guardianship and pro

tection.

Sir, we have been accustomed to venerate the judiciary, and to repose hopes of safety on that branch of the Government. But let us not deceive ourselves. The judicial power cannot But suppose, sir, there was less hope than stand for a long time against the Executive pow. there is, would that consideration weaken the er. The judges, it is true, hold their places by force of our obligations? Are we at a post an independent tenure; but they are mortal. which we are at liberty to abando nwhen it beThat which is the common lot of humanity must comes difficult to hold it? May we fly at the make it necessary to renew the benches of jus- approach of danger? Does our fidelity to the tice. And how will they be filled? Doubt-constitution require no more of us than to e less, Sir, they will be filled by incumbents, joy its blessings, bask in the prosperity which agreeing with the President in his constitution- it has shed around us and our fathers-and are al opinions. If the Court is felt as an obstacle, we at liberty to abandon it in the hour of its pedoubtless the first opportunity, and every opril, or to make for it but a faint and heartless strogportunity, will be embraced to give it less and less the character of an obstacle. Sir, without pursuing these suggestions, I only say that the country must prepare itself for any change is the Judicial Department, such as it shall deliberately sanction in other departments.

gle, for the want of encouragement, and the want of hope? Sir, if no State comes to our succor, if elsewhere the contest should be given up, here let it be protracted to the last moment. Here, where the first blood of the revolution was shed, let the last effort for that But, Sir, what is the prospect of change? Is which is the greatest blessing obtained by it, a there any hope, that the national sentiment will free and united Government, be made. Sir, in recover its accustomed tone, and restore to the ur endeavors to maintain our existing forms of Government a just and efficient administration? Government, we are acting not for ourselves Sir, if there be something of doubt on this alone, but for the great cause of constitutional point, there is also something, perhaps much, liberty all over the globe. We are trustees of hope. The popularity of the present Chief holding a sacred treasure, in which all the lovers Magistrate, springing from causes not connect-of freedom have a stake. Not only in revolu ed with his administration of the Government, tionized France, where there are no longer subhas been great. Public gratitude for military jects-where the monarch can no longer say, he service has stood fast to him in defiance of many is the State-not only in reformed England, things in his civil administration calculated to where our principles, our institutions, our pracweaken its hold. At length, there are indica- tice of tree Government are now daily quoted tions not to be denied, of new sentiments and and commended-but in the depths of Germanew impressions. At length a conviction of ny, and among the desolate fields, and the still danger to important interests, and to the secu-smoking ashes of Poland, prayers are uttered rity of the Government, has made its lodgment for the preservation of our Union and happiin the public mind. At length, public senti-ness. We are surrounded, sir, by a cloud of ment begins to have its free course, and to pro-witnesses. The gaze of the sons of liberty duce its just effects. I fully believe, Sir, that every where is upon us-anxiously, intently, a great majority of the nation desire a change in upon us. It may see us fall in the struggle for the administration; and that it will be difficult our Constitution and Government, but Heaven for party organization or party denunciation to forbid that it should see us recant. suppress the effective utterance of that general At least, Sir let the star of Massachusetts be wish. There are unhappy differences, it is the last which shall be seen to fall from Heaven, true, about the fit person to be successor to the and to plunge into the utter darkness of di-present incumbent in the Chief Magistracy; and union. Let her shrink back: let her bold oth

it is possible that this disunion may, in the end, ers back, if she can; at any rate, let her keep defeat the will of the majority. But so far as herself back from this gulf, full, at once, of we agree together, let us act together. Wher-fire and of blackness; yes, sir, as far as human ever our sentiments concur let our hands co-op foresight can scan, or human immagination crate. If we cannot at present agree who fathom, full of the fire, and the blood of civil should be President, we are at least agreed war, and of the thick darkness of general po who ought not to be. I fully believe, Sir, that litical disgrace, ignominy, and ruin. Though gratifying intelligence is already on the wing. [the worst happen that can happen, and thongh While we are yet deliberating in Massachusetts, we may not be able to prevent the catastrophe, Pennsylvania is voting. To-day she elects yet, let her maintain her own integrity, her own her members to the next Congress. I doubt high honor, her own unwavering fideloy-se not, the result of that election will show an im. that, with respect and decency, though wah portant change in public sentiment in that a broken and bleeding heart, she may pay the I cannot doubt that the great States last tribute to a glorious, departed, free Consa► adjoining her, holding similar constitutional tution.

State.

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