Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1834-06-26

the people Of that State, in answer to
his question, jecringly put, as l thought,)
"what has been the result Of your late
election!" that il had been triumph to
the cause Of the memorialists. Ifhe
doubted the fact, then, (and he did seem
to doubt he will not now, after he has
heard these resolutions read. The Re-
representatives. Of that people, returned by
that election, have passed these resolr-
tions by an overwhelming vote putting
their seal of Reproduction upon these high
handed, these unwarranted and unwar-
ranlable proceedings Of the Executive.
Here let honor be done to whom honor
is due. 1t is grateful to see so many Of
the Jackson members OF that body, sac
rifcing their party ties to their patriotic
duties. 1t was in them a magnanimous
act of patriotic dnty They have indeed
nobly vindicated their hereditary title to
the free born spirit of their patriot fa-
theirs. No less was to be expected Of
their intelligence and patriotism. For il
was impossible for them not to see that
the principles avowed by the Executive
were, in theory, a despo,sm; and, acted
upon as he has acted upon them, not to
see they were despotsm in fact; not
to see tha, they would be false to them
selves and their own rights; false to their
country and her Liberties false to the
claims of suffering community
suffering from despotic misrule -
false to the dead, to the living
to the unborn, longer to uphold him
(the Executive) in his arbitrary, his
llawless, and his ruinous career. With
them despotism is no less despotism, no
less to be detested and resisted, because
it is welded by him who had been the
idol of their political ido.atry.
! 1t has be said that we are in the
midst OF a ,-yolution; that is, that we
are in our transit fror, freedom 20 des-
potism, but this is not 30, for that revolu-
ton is completed; that transition has
! been made; and we are now at this mo-
ment, living under desposism.
II This is indeed no new state of things
} TO this country just now brought upon US;
for, from the beginning of this dynasty,
J the present Executive has practically
asserted and exerted despotic power as
his Executive prerogative; though ho
\ had never theoi etically and formally pro-
claimed it TO us, and through us to the
nation, to be his Executive prerogative,
!, till he sent us his late message, denomi-
mated Protest. That is a formal man
ilesto of despotism as the Executive pre-
ogative. But, from the beginning, he
!, has claimed powers, and exercised pow
ers, which involved, by their necessary
consequences, the same despotism.-
, From the beginning, he has claimed the
power Of Interpreting all laws, including
I the fundamental law; the Constitution
itself, coupled with the power Of coercing
, their execution, according to his own M
. depreciation. What is this, but the very
: abstract and manual Of all despotism?-
l Admit him to do this, and there can be-
no law, no Constitution, different from
his own will. He claims the right to in
: terpret the laws as incidental TO his duty
!, of taking care that they be faithfully ex-
= ecutcd, and he claims it as his duty to
d see them executed according to his in
Il depreciation, (such was his principle and
: proceeding, in the case Of the Indian
, treaties; such has been his principl and
e proceeding in the case of the U. States
Il Bank and to coerce the execution OF
!, the laws according to his own interpre-
: tation, he claims the power Of dismissing
: at will all the officers Of the law, and Of
: appointing such as will execute the law
o according to his will.
: Now, l would fan know, (d any gen.
e t!eman here can inform me- how freq
= dom can consist with the power Of inter-
: prcting the laws, and the power Of exc
It cutting the laws, united in the same per-
# son; or how that union Of powers differs
n from despotism? 1t is precisely the def
e milton of despotism as given by Montes-
/, quieu, and by all the eminent professors
l. Of constitutional learning, from his day
down to our own. Why, in all our State
C Constitutions-why, in the Constitution
y of the United States, have the two pow
ers been so studiously separated, and as
N signed TO different departments p? Pre-
'e cisely because the Union Of the two il,
,. the same department, was incompatible
"a with freedom.
vi have said that the Protest was q ma
nifesto Of despotism, asserting for tho
. Executive all the powers Of Govern
= ment. Is i not so ! What one power
y - does it leave independent Of the control
:. :, of the Executive : Not one. Bw Il -
y said that the supplement to the Protest,
~ called an explanation, is a disclaimer OF
T these high Executive pletenssons. Does
Z, il d;sclaim his claim to be the interpreter
D, of all the laws, including the Constitu-
W ton 4? No. Does it discleim hie claim
40 eoerce the execution Of all the laws,
D, ----l..., D., hia ,nto,nr M atiap oC Tho m