Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1830-07-22

ratified, to be an encroachment upon state
rights. or for any other reason, an. excess of
delegated power. he is at liberty to refuse his
aid in causing them to be faithfully execu-
ted" Is this sound Interpretation of the
duties which the constitution has devolved
upon the President! Is he made the Judge
of the extent of the powers OF Congress, or
the treaty making power, after that power
has been exercised, in the manner prescribed
| by the constitution? Has he been constituted,
In such cases, a Judge to determine whether
treaties are constitutionally binding wheth-
err laws which have been enacted are void,
! for want of power to enact them If so,
| there seems to he 90 necessity for the clause
in the constitution, which provides, that "the
| judicial power shall extend to all cases in law
| and equity arising under the constitution, the
laws ofthe United States, and treaties made,
| or which shall be made under their authority"
Ifso. there is no division of the department
of this government, into executiye and judi
cial; the latter for all practical purposes is
annihilated, and the provision, that bill
which has been returned by the President
| with objections. reconsidered and then APP
proved by two thirds Of both houses of Con-
gress, shall become ga law" is a dead letter.
The President, if he can lawfully refuse to
execute law, or enforce the provisions Of a
tons or scruples, constitutes himself the exc
cutive and judicial departments of this gov
eminent. Such. in my judgment, is not his
prerogative; and believe it is the first time,
in the history of this nation. since the adop-
ton Of the constitution, that opinions like
these have been advanced. Sure am, that
they were not the opinions of any Of his pre-
decessors, or of those wise men who framed
the constitution, or of thepeople of this coun-
try; and have deemed it indispensable to
advert to them. lest it might be thought from
silence that they met with universal approba-
ton. The Executive have no constitutional
right to say, he will not execute a law, be-
cause he considers it void for want Of author
ity to enact it. No such discretion has been
confded to him; trust it never will be
and If his scruples are such as to deter him
from enforcing it. let him resign the trust
| which has been con6ded to him. This is the
only course he can siiiant; under such circum-
stances. The legislative and judicial depart
ments are pOwerless, and the government is a
| rope of sand if such opinions are entertained
and acted on. Every law may depend for its
execution upon the will Of the Executive
And in these days of strict construction, it
may be feared that few legislative enactments
will pass unhurt through this ordeal of Presi-
dental discretion.
Having thus, very briefly. adverted to the
opinions entertained and avowed by the Exc
cutve in regard tu I" pseiensioRS'' of the In
dian tribes, on the suppUsfIitu that tirSi,
struction Of the treaties made with them, and
| and the la ws enacted to regulate the inter-
course with them, is correct, proceed to con-
slider the great questions involved in this dis
cussion.
The Report denies to the Indian tribes any
title schaterer, to the lands which they occupy
within the chartered limits of any state -
and asserts a right in the states within which
they are located, to extend their legislative
enactments over them, and consequently,
power to annihilate their political existence,
as communities to be governed by their own
laws, usages. and customs. Nor does the
Executive, in his message, acknowledge any
title to the lands, as subsisting in the tribes.
In the letter from the War Department,
before referred to. the Secretary says, am
interference to the extent of affording you
protection, and the occupancy of your soil, is
what is demanded oftIe justice of this cOun-
try, and will not be withheld ;" though he
adds what would seem to make this infer
ence of little, If any use looking very much
like excepting the word Of promise in the ear,
| and breaking it to the hope" 1t is in these
words, yet in doing this. the right of per-
hitting to you the enjoyment of a separate
government within the limits of a state
and of denying the exercise Of sovereignty tC
that state within her own limits, cannot bt
admitted. 1t is not within the range Of pow
err granted by the states to the general govern
ment, and therefore not within its competen
cy to be exercised. No remedy can be per
ceiyed but removal beyond the Mississippi
where alone can be assured to you protec
ton and peace. To continue where you are
within the territorial limits Of an Independent
state, can promise you nothing but interrup
ton and disquietude. And the President il
his message, speaking in reference to tn
same tribes, says, though their emigration
should be voluntary, yet it seems visionary II
suppose that claims can be allowed on tract
of country on which they have never dwell
nor made improvements, merely because
they have seen them from fhe mountain, O
passed them in the chase." 1t will be observ
ed that this language is spoken of the Chero
KEGS, who have dweIt on and improved thei
lands, and seems, at least, to imply, that The,
have no title to the lands within their bound
aries. But it is unnecessary to make furthe
reference to the message. shall content m v
| self with referring TO the report, and so "a
as am able to comprehend it, there is NO
only no acknowledgment of ana title, in IN,
Indian tribes, but the spirit OF every part of Fl
is utterly at war with any such. acknowledg
ment.
The committee say, (p.4.) alt is certain
1 Al.