Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1837-07-14

years he acted up TO its spirit and letter.
His famous Protest claimed us much power
for the American President, as the Persian
law in The understanding of the Persian
Judges gave to the emperor. These judg.
es, we imagine. we're about as nccommoda.
ting officers as Mr. Attorney General But.
Ter, and quite as ready with an "opinion'
for all possible exigencies.
But the success Of the Tories in their
claim of power for the President has EN-.
boldcned them. They now openly ayow
that no Executive officer in the dis, riot OF
Columbia is amcnable to any legal process;
that the President by the exercise Of his
power of removal, can render himself per.
fec,y absolute, and dispense with all laws
whose exaction he is disposed to resist
According to Mr.. Kendall, the President
can place himself above Congress, and
above the Judiciary; and defy them both,
under the pre'ence Of on appeal TO Public
Sentiment. This public sentiment is Of
course what the Will of the President IRE
sumes i, to be and can be easily modified
or manufactured TO adapt itself TO every
possible case.
Thus in Mr. Kendal's view, no legal
process of any description can be enforced
on an Executive officer. If the President in.
terfere for his protection And why not
because the process must be executed
BY the marshal, and because the President
can deprive the marshal OF his Office. Mr..
Van Buren,, for instance, contracts personal
debts and refuses to pay them. We know
Of nothing in the constitution that exempts
Mr. Van Buren, from the payment Of his
debts. Or suppose still stronger CASE
Suppose that President had committed
any gross personal outrage that he had
deprived an individual of his personal liber-
ty; that he had manned or murdered one
of his subjects--can it be pretended that
he is privileged to arrest, MAIN or murder
without responsibility or rebuke' Suppose
that President Jackson had ordered the ar
rest of Mr. Poindexter. when he suspected
him Of being accessory TO the attempt on
his life or that he had imprisoned the ed
itors Of the National lntelligoncer in the
cellars Of the White House, for an alleged
libel; would it have been impossible to
frame any legal process by which these in.
dlviduals. illegally detained in custody.
could have been liberated According TO
Mr. Kendall and the Tories there would
have been no remedy. For in Mr. Kendall's
view, the President could have dismissed
the marshal. ard deprived him Of all legal
authority to enforce the process Of The
Court
This then is the Tony doctrine. It.
goes all lengths for the Executive. 1t
makes all other powers powerless. 1t
strips Congress and the Court ofall author.
uv. 1t makes the American President abb
solute sovereign with full lib erty to tram.
ple under foot the Law and the Consti-
tuition
To prove that we do not misrepresent
NJ, Kendall--,hat he sustains 10 their full
ex,en, these abomnable notions of Exec.
uiye absolu,ism-- we copy the following
paragraph from his reply to the Mandamus
Of the Distric, Court:
"suppose the laws require specific act of The
President himself. involving private rights which
law FIR ssuinp mand,mus auans, him IA AGAINST
any OC his subUr1iDates in "A like case, Ii IL n