Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-10-19
FRIDAY, OCTOBER 10. 1882.
| COMMUNICATED. |


the 29th ulti,no, that the Globe has declared the
determination of the President not 10 enforce the
decree Of the Supreme Court in the case Of the
Missionaries VS.. Georgia, sunless he shall con-
cur entirely with the Court" | will undertake
70 show. that this is such strong assumption OF
mower on the part Of the Executive amounts to
the grossest despotism, and Is, by far, the most
alarming subject that has ever YET challenged the
public attention. This shall be candid exami-
nation of the Presidents claim, conducted on
the plan Of an enquiry into an abstract political
question. Writers on the science ct Govern.
ment have laid it down, as "the first maxim OF
a free State, that the laws be made BY one set OF
men and administered by another;" but the Pre-
sident uhites, by this one act, in his hands. the
powers Of Legislative, Judicial and Executive
authority. And what more has Nicholas OF Rus-
star In England it is clear that the king has no
such prerosative: for Mr.. Paley, in reprobating
this idea, says, "SuppOse the two Houses OF
Parliament, with the King at their head, tried
and decided causes at their bar: it is evident, in
the first place, that the decisions of such judi.
cature would be SO many laws; aud in the Sc
cond place. when the parties and the interests to
be Affected by those laws were known, that the
Incluatons o. the law-makers would inevitably
attack one side the other; aud that where there
were neither any fixed rules to regulate the pro-
seedlings, nor any superior power IN the state,
these incinatiuns woald control the course of
public juSuoe;-the consequence OF which must
DE-. that tue subjects of such Constitution would
live either without any constant iaws--that is,
without, any known pre-established rules Of adj
Indication whatever-or under laws partaking Of
,he contradictions and iniquity of the motives TO
which thew owed their origin
Now, Sir, does not the very same reason which
operates against such an arrangement apply with
greater fnrce to the case Of popular PRESIDENT
Has he no friends and inclinations to gratity!-
Or has he any fixed rules to regulate his deter.
mipation af a legal question? Who recolec,s
an instance. in the history of England, where
the King refused to execute the DEGREES of his
Courts? II WAS but the other day that the
WCourt OF Cessation" was found independent
enough to cancel the "martial law" OF King
oil France, who did not dare to declare their sen.
tence unconstitutional; and yet it was a consti.
tutional question upon which they acted, and Ii.
beraied. against the Kings WISH the imprisoned
compliments. Shall it be said, that what the
Kings Of Europe dare not do. our Presiden i.
permitted to exercise as a rishti-or that the
personal security of American citizens is less
than that Of foreign subjectsl II this be so, then
are we free only in name. 1t is said that when
Buonaparte heard Of murmurs to particular as.
symptom of power, he replied by gliding the
eple Of - No.re Danes" and IL stantly the peo.
p.e were satisfied And what does Andrew Jack
sons Wby. he gilds over his fragrant breach Of
the Constitution in favor of Georgia, by an idle
parade against Modification, which he knows will
expire BY its own sting. To the citizens Of Geor.
ola General Jackson doubtlessly appears as the
defender of the Constitutions: but, if they are
not short-s'shted, they will see. in the present
partiaity to them. the features of principle OBJ
noxious to their freedom and independence. as
well as that OF others. 1t was remark OF the
observing Burke's. that Ambition was never so
dangerous as when it advanced as the friend of
particular interests, and thus secured the support
Of a party: he "would like to see any thing.
framed in contradiction to the spirit Of the Con.
stitutian, produce at once the grossest Of evils
xith which il pregnant in its nature. that the
nation might finds its integrity threatened and
its enemy unmasKed''. II this act Of the Pres-
dents bore openly against the interests of all the
States, his usurpation would be as impOtent as
it is manifest; but such is its insdious nature,
that all the stickLers for state rights are vastly
pleased at this conduct Of the Administration. -
May their repentance be not equal TO their credu-
ify! BY the express terms Of the Constitution,
the President is necessary party to all legisla-
tive enactments, and is also entrusted with the
forces of the nation to execute the laws;-this is
great and responsible trust alone, but not east.
" abused, If a Just balance be maintained in
the independence Of the Judiciary department.:
but superadd to this the power OF exercising con-
current jurisdiction with the tribunal appointed
for the adjustment Of constitutional questions,
and the mighty arm Of the Executive is seen
welding, without a check, the whole machinery
Of government: for if the Supreme Court decide
with the President, he has his qualification; and
If it decide otherwise, il becomes imperative, and
again he has hrs qualification To understand
the full absardiy Of this doctrne,i is only neces-
sary TO advert to the course Of Presidential sue
cession. What Andrew jackson thinks uncon.
sttut,Onal, his successor may sustain as strictly
lawful but 10! another election changes the as
psct Of the Constitution. and so or, 'ad infini-
tum," until we shall have M means of knowing
vhen We are constituhonalIy entitled to our IL