Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1837-07-03
AMOS kENDAIL.'S CAsr

'"' ic'9cts, Tins morning, a hiicf ab-
u 'ie proceedings ot the Court in reference to
nv 'e'"sai oil me Postmaster General 10 carry into
e"ec' h" ci Congress. which, whether TIA, Law he
''g'' OF wrong III itself left HIM, as an .,,re,.,.
oatef' sworn to carry il into effect n, discfetioa
sn"i' "i moral or physical lnabllit, 10 perform IL
requirements
'' sun oi a government have we. If the Heads
u departments shall be permitted to assume ,bo
under the plea thar law has been a.
''9 '"''''a by Congress, and approved by the
''"'' lin immediate official superior 10 retus,
70 carry IL into effect! Such is kendalrs pI,a i,
luN''ie'''on OF his conduct-aud we ask does he MOI
'oefeh, uSafp the iegjsiatirc power Of rcncolng Law
oi Congress
hu' he does not stop here. When the ludic,,,,
whose special duty it is, under the constitution. IA
enforce the execution oi the laws faud vc Inol -,
''n III the constitution for any clause Which c>,mpts
~ ''S''H' olhcefin the land from the operation of
'''' ih'o') attempts To discharge It's functions h, am
o''ouS dehagoguc has the eironcr, 10 def, its au
''"f''.' aud 10 plead his " PRIVILEGE" in This
''ha Theoretically OF equal laws To shield himself
from the execution OF lis process,
~ tins be rlght-ii the Postmaster General he sus
tanned IN assuming tn bold position before the com.
""h''' and in appealing like ahorous h temaso gue
as he IS to = the people," to supper, him in his ar
M hnlls'es'"n III IA law of Congress which he
~ sworn 10 = execute and in his equal, daring
resistance 10 the mandate OF the Court whose func-
non Is 10 ent"rcc t execution OF that law against
The high as we'll the tow the lampercd official AS
well rs the humblcst citgen-we say if krnd,u bc
sustained IN these high handed prccnsons there is
e. t.ra H., IL
senIally arbitrary than o,ns--sor there is not one
which permits the exercise even lay us highest exec
utlNc officer, OF such an arbitrary power.
Ih's Is IA obvious view of this case in reference
t" the duties aud powers OF the screra departments
oi Tie government Congress cnacts laws the EN-
eclltINc carry them into effect the Judiciary deter
mine upon tlcir ceustllutionany and enforce them
Congress has enacted law the ludieiar, has Ca-
dctrored To eni"ec il aud kendall, an ENceutac
officer refuses To execute the cuacmeHts OF the one
and 10 recognize the process al the other. Compare
his duties, OF, II youplclse, his =" PRIVILEGES
As hus ecneralizcd. With h, acts and defend the lat
ter If Won can Not even krndalS sophisrrN aud
Bcal hiuscfcoud not with grcatcr skill make the
worse appear the better reason" can iuSif, his
course. OF save HIM from the condemnation oiall dis
passionate aud nnpreludiced minds.
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IEGE.u iat In. sentence of the tou,rs cannot IN
fore him 10 do ns,ire Ia the u,bIc>t Of his aecr.
>lricS lit be correct the people hive invested rlieir
VIII they nave erected h"e' "'">'"s' ne
meath whose les the, may creep 10 dishonotablc
Graves.
Butwc are told OF tmpra,hmch" the proper
remedy. Fudge What official kuaye aud pctula-
tor ever fell victim to thu. inefficient process
WAYS surrounded by Influences that this slow and
deceptive process at defiance. But should some
public maeiactor, more unfortunate than his asso
crates be condcmnedb > the mpcachins powcr,-still
tit punishment fc2cheS "h'H ""' al" ''c "''"s'' VI