Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-02-10
PRINTED Avn rrsLlsuED,
For the Phenix Gazette.]
BAYARD.-No 8.


Congress from the State Of Delaware
Sin. The high state of civilization in this
country, and the general mildness OF our laws
consequent thereon, seems to have produced IN
the minds of many very honest and well mean
ing men an impression, that the violation OF
even the fundamental law, by men vested with
military power, ought not to create alarm or
apprehensions for the public safety; or TO call
forth any severe animadversion, whenever there
is the least connexion between the act done
and some present, or even remote public bene-
fit. The maxim, that &C the end Justihes the
means" which has laid the foundation OF more
political evil than any other ever pronounced
by the lips Of man; and which strikes at the
roo, of all delegated and limited authority;
which leaves the public officer without any o.
ther controul than his own discretion' and
which requires no other sanction than sue
cessful issue to the means adopted, let them be
ever so unconstitutional; is certainly gaining
ground in this country. This doctrine Is so
palpably erroneous, that it would seem hardly
entitled to serious refutation. 1t is founded
in misconception, and is probably imbibed from
A comparison of our institutions with those OF
other countries; and the manner in which the
laws of the latter are executed, without fair
and full examination Of the character OF each.
In monarchical governments the laws are al
ways very rigid, and the penalty annexed to
their violation generally very severe; hence it
is that there is corresponding sympathy in
favor of any person charged with violation OF
the laws provisions. This is human nature,
and ought not To excite our surprise But II
------..-,vs,- rncrc Is an obvious
difference between public law in this country
and that Of the old world, which is generally
left entirely out Of the account and which, in
place of excusing the violations Of our constitu-
ton, ought in ten-fold degree to urge the ne
cessity of protecting il from all violation; and
to prompt and decisive punishment OF every
infraction Of its provisions. The difference to
which allude, consists in this: In monarchies,
the laws, for the most part, are made for the
benefit of the sovereign, and for the security of
his power in fine, they are for the benefit of the
few, at the expense Of the many: but here all
public law is for regulating and restraining the
powers ofpublic officers; and for defining the
rights, and protecting the privileges, Of the
whole community. Hence, it is clear, that SO
far from permitting any officer to assume the
exercise of powers not delegated, he ought, for
any act Of that kind, to be considered as a trail
to- against the public veal: and in place of be-
ing suffered to violate our constitution with
IMMUNITY, public condemnation ought to be
awarded him, uninf1uenced by any of those
considerations which in other countries are
considered in the estimation of many as pa
iation of the offence: viz. that there it is COM
mtted against an individual sovereign, and not
against whole community Here, happily,
the people are sovereign; they have solemnly
declared the constitution and the law; and he
who knowingly violates them, ought to be con-
sidered as public enemy. Having promised
these things, shall now proceed to an exami-
nation of those acts of General Jackson which,
I think, disquali6es him to fill the Office of
Chief Magistrate of this Union. In the notice
which, for this purpose, shall take OF the con-
duct Of General Jackson, shall not attempt to
enter into a historical narrative OF his military
movements and proceedings. That would oc-
cupy more time than can devote TO the sub
iect: besides, much Of that kind OF examination
would be foreign to my purpose. My wishes
are to call your attention, and that OF the Anne
rican public, to an examination Of the real cha
racter of the General, separated from all extra
neous considerations as to the fortunate result
of the late war, or the feats of valor performed
by him and the forces under his command
The question now before the public is, not
whether General Jackson is brave and saga
cious military commander, but whether he pos
sesses such an expanded and philosophic mind,
ana such regard and veneration for the con-
stitution and laws Of the country, as would safe
ly Sarrant, his being placed at the head Of the
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