Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-08-03

III,
the Presidents objections Notwithstanding, by a
constitutional majority of two thirds, il can never
reach the House of Representatives. The men,
bcrs of that House, and especially its distinguish
cd Chairman ofthe Committee ofWays and Means
who reported the bill therefore cut oil from ali
opportunity ofdefcnding themselves. Under these
circumstances, allow me to ask how the President
has ascertained that the investigation was un,oU.
ingiy conceded 1 have understood directly the
contrary; and that the 6hirman, already referred
to, as well other n;embcrs in favor of tho re-
ncwal of the charter, promptly consented to and
voted for the investigation. And we all know
that those in support of the renewal could have
prevented tho investigation, and that they did not
But suspicion and alarm have been excited. Sus
rIcroN and ALARM. "A gainst whom is this suspicion?
The House, the Bank, both?
Mr.. President, protest against tho right of any
Chief Magistrate to come into either House of
Congress- and scrutiniZc the motives ofits members;
to examine whether Il measure has been passed
with promptitudc or rcpugnance; and to pronounce
upon the willingness unwlingncss with which
it has been adopted or rejected. 1t is nterfe-
renee i'm concerns which partake of u domestic ma
ture. The official and constitutional relations be-
tween the President and the two Houses of Con-
gress, subsist with them organized bodies. His
action is confined to their consummated proceed
ings and docs not extend to measures in their in
cipcnt stages, during their progress through the
Houses, nor to the motives by which they actu-
ated.
There some parts of this message that ought
TO excite deep alarm; and that especially in which
the President announces that each public officer
may interpret the constitution as he pleases. His
language is: "Each public officer, who takes an oath
to support the Constitution, swears that he will
support 1t as Inc understands it, and it is
dcrstood by others" 1.-The opinion of the
Judges has no moro authority Congress than
the opinion of Congress has over the Judges; and,
on that point, the President is Independent of bofh"
Now, MIR. President, conceive, with great defer
cnce, that the President has mistaken the purport
nf he fn if,,t;x> #
States. No one swears to support it as he under
stands IL, but to support it simply it is in truth.
All men are bound to obey the laws, of which the
Constitution is the supreme: hut must they obey
them as they are, as they understand them? If
the obligation of obedience is limited and con-
troed by the measure of information; in other
words, if the party is bound to obey the Constitu-
ton only as he understands it, what would be the
consequence? The Judge of inferior court
would disebey the mandate of superior tribunal,
because it was not in conformity to the Con-
stitution, as he understands it; n custom house
officer would disobey circular from tho Trea-
sury Department because contrary to the Constitu-
ton, as he understands IT,; an American Minister
would disregard an instruction from the President
communicated through the Department of State
becasse not agreeable to the Constitution,
as he understands at; and subordinate off.
Ger in the army navy would violate the or
dcrs of his superior, because they were not in
accordance with the Constitution, as he under
stands it. We should have nothing settled
nothing stable, nothing fixed. There would
be general disorder and confusion throup H.
out every branch of administration, from the
highest the lowest ofhccrs-universal nullifca-
ton. For what is the doctrine of the President
but that of South Carolina applied throughout the
Union The President independent both of Con-
gress and the Supreme Court! Only bound to OK
ccute the laws of the and the decisions of the
other as far they conform to the Constitution
OF the United States, as he understands il.
Then it should be the duty of every President
all the acts in the statute book approved by his pre-
dccessors, and mark out those which he re-
solved not to execute and to which he meant to APP
ply this new species of veto, because they
puGnant to tho Constitution, he understands it,.
And, after the expiration of every term of the Su-
preme Court, he should send for the record of its
decisions, and discriminate between those which
he would, and those which he would not execute,
because they were not agreeable to the
Constitution, as lie understands IL.
There is another constitutional doctrine contain.
ed IN the message, which is entirely new to me
1t asserts that 1.-THE Government of the United
States have constitutional power to purchase
lands within the States" except "for the erection
OF forts, magazines, arsenals dockyards and other
neediul buildings" and, even for these objects,
only .'by the consent of the Legislature of the
State in which the shall be-" Now, sir, l
had supposed that the right of Congress to pur.
chase lands in any state incontestible and, in
point of fact, it probably, at this moment, owns
lands IN every State of the Union, purchased for
taxes, or as Judgment or mortgage creditor. And
there are various acts of Congress which Iegulate
the purchase and transfer of such lands The ad.
visers OF the President have COMPOUNDED the facul
ty of purchasing lands with the exercise of exclu.
sivc jurisdiction, which is restricted by The Consti.
tuition TO the forts and other buildings described
The message presents some striking instances of
discrepancy. list. 1t contests the right to estab
lish one bank, and objects to the bill that it limits
and restraints the power of Congress to establish
several. 3D. 1t urges that the bill does not recop
nf afr fave Il
complains that facilities are afforded to the exer-
clSc OF that power, In respect to the stock held by
individuals. 3D. 1t objects that any bonus is taken
and insists that not enough is demanded. And 9TH.
1t complains that foreigners have too much influ-
ence; and that stock transferred loses the privilege
ot representation in the elections of the Bank,
which, if it were retained would give them more.
Mr. President, we are about to close of the
longest and most arduous sessions of Congress
under the present Constitution; and when VIC re-
turn among our constituents, what account of the
operations of their Government shall we be bound
to communicated We shall be compelled to say,
mat the Supreme Court is paralyzed, and the mis-
sionarles retained liz prison in contempt of its
authority, and in defiance of numerous trea
ties and laws of the United States: that the
Executive, through the Secretary of the Urea
sury, sent to Congress Tariff Bill which
would have destroyed numerous branches of
our domestic industry and led to the final destruc
ton of all; that the veto hos been applied to the Bank
OF The United States our only reliance for d sound
and uniform currency; that the Senate has been vi
olently attacked for the exercise of clear constiu
tIonal powcr that the House of Representatives
has been unnecessarily assaed; and that the Presi
dent has promulgated rule of action for those who
have taken the oath to support the Constitution of
the United States that must, if there be practical
conformity TO IT. Introduce general notification
and end i'll the absolute subvcrsion of the Govern
mcnt.
EEA ESKsR.Y'ED