Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-02-09
TFor the Phenix Gazette.]
BAYARD.-No Z.

To the Honorable Lewis McLASx, Representatives IN
Congress from the State of Delaware
SIR: Evidence of principle, in political
point of view, may be Of two-fold kind; that
which is exhibited in the performance of parti-
cular acts, and that, also, which consists in de-
clarations that unfold and display the opinions
of the person by whom they are made. In re-
gard to General Jackson, it SO happens that the
history of his public life is very fruitful Of in
stances, which, when duly considered with that
calmness and elaboration, that becomes peo-
ple into whose hands an all-wise and bountiful
Providence has committed their own political
destinies, must ultimately produce decision
unfayorable to his pretensions; more especially,
when these acts are examined by the touch
stone of the Constitution,-that instrument
which constitutes the guaranty OF our rights
and liberties Let an examination of that kind
be had, and hesitate not to say, that scepti-
cism and incredibly themselves will be compel
led to concede the fact, that, although when in
pursuit ofpublic favor, he is very liberal, and
even profuse, in the use of those expressions
which imply the greatest possible regard for
the security Of popular rights, yet, that never
theless he is almost entirely destitute of pro-
per feeling or regard for the Constitution and
laws of the country, whenever they interfere
with any of his favorite purposes; and that he
is possessed of spirit and disposition, which
cannot brook control, even by that Constitu-
ton, which not to venerate in the highest de-
gree is species of moral treason. In order to
sustain the position have here taken, it is not
necessary to prove that General Jackson is po-
sitively hostile to the liberties Of the country.
IL will be sufficient to show, that in all fairness
it follows, that the consequences OF his mea-
sures and principles, if permitted to obtain,
will be the ultimate destruction Of public liber-
ty. In this country, we boast OF being govern
ed, exclusively, by known and positive laws,
which, through the medium OF our Represen-
tatives, we have enacted and given our assent
to; and that nothing is left to the discretion OF
rulers aside from the direct authority OF law
That the rights and duties, both of the govern
ors and the governed, are so accurately defined,
that nothing is left to doubt or conjecture on
that subject. 1t is in this principally, that the
excellence of our system of government con-
sists. Every man knows what his rights are;
they are guaranteed to him by the most posi-
tive and inviolable provisions; and their enjoy
rnent, or forfeiture, cannot depend upon the ia
vor or caprice Of any man, who for the time
being may occupy the place Of authority, but
on the integrity Of his conduct as citizen; and
it can make no difference to the citizen whose
rights are forcibly wrested from him, or to the
community whose institutions are violated, that
the act was not done in malice, or with an in
tention to inAict permanent injury. The
plea might be good in mitigation of punish
ment but can never be fairly offered in JUS
ti6cation, much less as reason in favor OF the
elevation to the Chief Magistracy of man,
whose whole history shows that the inclination
of his mind is towards the exercise of an unli-
mited authority; and that in all his acts, public
and private, he has been much under the gov
eminent of passion, and the plea of necessity
1t is in vain, in this enlightened age, to talk to
men of enlarged and liberal views, of the neces
sity of disregarding public law, in order to en-
sure the public welfare: history has recorded
too many examples Of the absurdity Of this doc
,rine: the statesmen Of the country have too Of
ten passed upon the subject, to have it presum-
ed, that, in their opinion, there could exist,
even for moment, a state of things, in which
a Dictator would be warranted in dispensing
with the established law Of the land, and sub
stituting his own will in its stead. The whole
of the institutions Of these Republics, are franz
ed in direct opposition to every thing like dis
cretionary power, or individual rule paramount
to the Constitution. The Declaration Of indie
pendence, which is the substratum on which
the whole superstructure ofou government is
based, both as regards State and Federal au-
thority, has SO clearly defined what is freedom,
and what is tyranny, that no one who is not
blinded by prejudice or ambition, can for
moment doubt in what they consist That in