The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-11-06
LETTER FROM GEN. SCOTT.
WASHINGTON, Oct. 25, ls4l.

poundinp on the OF the writer and his neghbors
nearly the same political nterrogatories, 10 winch an
SWers requested
The scope of the inquiries 10 a fattering proof Of
the interest that of my countrymen take in the
opnIons that have formed certain great principles
OF abiding Importance 10 the success Of systems OF
Government: and as | have nothing to conceal, If
nothing of value to communicate, l shall, at once,
without policy reserve and in the form Of circu-
lar comply with their several requests.
Party politics. Although, from early manhood, l
have by the profession Of arms in defence Of country
been thrown out Of the Of party politics yet
have ceased to be attentive observer of pub
lie events and thus believe there has scarcely been
a discussion Of moment in Congress, within my time,
which did not form, and modestly, but firmly ex-
press, passing opinion.
mere youth, felt the liveliest JOY when the alien
and sedtou laws ex pired in the triumph OF Mr. JEFF
ferson. From 1906 was old enough, by speech and
pen to call for prompt and energetic redress OF our
wrongs suffered from Great Britain under her orders
in council attack the Chesapeake frgate and long
continued impressment of our seamen and when the
war of 1919 at,length came among the first and
longest in the presence Of the foe The insults re-
ceved from the French Directory their dePredations
on our commerce, renewed under NaPoleons DEGREES,
Berlin and Man,) which followed the British orders
in Council also largely shared in my indignant re-
probation.
The administrations Of Mr.. Madison and MIR.
Monroe, like that of Mr.. Jefferson, had in their res
pective periods, my humble, but hearty appreciation
sale Of part, and the dismantlng of the remainder
of Navy the gun-boat system of defence that
followed and the ndefnte embargo, which, Gripping
for war, by destroying our commerce and finances,
and expressing agriculture, was long continued with
out redressng one outrage from abroad.
| give this little sketch of the growth Of my party
feelings opinions, unimportant perhaps except 10
myself and few partial friends, to show that, if
have never b. Federalist, in any party sense of
the term neither have been acobin, an imprac-
y;.ohI. ahsfr, in uhafav ht,t
always old fashioned republican, devoted to the
support OF law and order; Democratic Wing, just
all my family had been Wings in the great struggle
for ma tona freedom and Independence.
The Judiciary. From early and ng-continued
study Of elementary law, my mind has been i'm
bued with deep reverence for the bench-State and
Federa-an Independent department in our systems of
Government and which, holding neither the purse to
corrupt the sword of power TO terriy, addresses
itself only with the mild force Of persuasive
the intelligence and virtue Of the whole community.
BY the Federal Constitution, every possible safeguard
is provided to shield its judiciary against fleeing pre-
judce political rancour, and party dependence to
which Legislators and the Executive unavoidably,
Supreme Court" is wisely extended (by appellate ju-
rsdction all cases in law and equity, arising under
this Constitution the laws of the United States and
treaties made which shall be made, under their
thority.
Looking to this express provision, l have always
held that when a doubtful question: arising under Ell
ther the Constitution itself, the supreme law Of the
land: under an act OF Congress, ~ Treaty, has
once been solemnly adjudhatsd by that epurt, the
principle of the decision ought to- be taken by all
defnitively seited-unless, indeed it be upoa a re-
hearing before the same tribunaL This appears %
clear for dispu,ation for the court ID not anly
declared 10 be supreme, and hence there can be- no
bench beyond but to Congress is only given the Pow
er constitute "ilfsrior" tribunals BY appeals to
the Supreme Court, a settlement intended To bs
reached. and anarchy, through long Distraction Of
the public mind, great questions OF Legislative and
Executive power, thus rendered impossible. Practf-
caly, therefore, for the people and especially their
funcuonares to deny, to disturb impugn principles
thus constitutionay established strikes of evil
example if not of direct revolutionary tendency ex
cept indeed, in the of judicial decision cnlarg
ing power and against liberty and any dangerous
Of this sort always be easily corrected and
Constitution, in one of the modes prescribed by that
instrument tsef-the organic law Of the States and
the people. Msconstructions Of law, other than the
Constitution, yet more readily corrected by amend
atory or declaratory acts of Congress. $780,
The Executive Vsto.-This, by the trainers of the
Constitution, could only have been designed, !. To
enable the President to defend his own nghtfu pow
against usurpatioDs on the part Of Congress; T.
To enable him 10 forbid other legislative infractons
of the Constitution; and 3. To guard the country
against other acts of hasty violent legislation
1t is hardly possible to conceive a case, under the
FIRST or second of those heads against which the Ju-
diciary-the balance-,ohsel of the system-does not
Afford of ITSELF all the security that the people can
require.
But without the protection of either the bench or
the Veto-would the Executive department. (become
of late years) be too weak to fulfil the
strictly Executive functions for which it par
tcularly createdl rather-would not that depart
ment still be the most powerful, for evil, in the Gov.
eminent.
The President is, under the checks of the Consttu
ton and law rghtuly invested with the power of
sword and he has again and again had that of the
purse also. Tie Houses of Congress, is true, lay
taxes fix mposts and regulate the sales of the public
domain but II is he (hrough his agents who handles
the proceeds. From 1888 to 1886 Ito say nothing Of
he presently he alone nominated and dismissed all the
agents who kept well those who collected, dis
tributed and disbursed the public The apo
thegm-naake US executors, not loho your
legatess, has fghtful application to such agents and
the immense treasure that annually passes through
their hands
The rapid increase and spread of population, the
growth of national wealth. tho amount Of revenue
collected and disbursed the relations (by the
tension of commerce) with foreign countries the ad
ditiona appointments at home and abroad the number
and value Of contracs-all constantly and necessarily
on Tho increase general decay in morals, perhaps as
great in Congress elsewhere; the habit that We
have seen prevail during several Presidential terms OF
filing public offices with but little regard moral
standing have, taken together, already opened 10 the
head Of the Government elements of power and cor
ruption which it impossible for the trainers and
adoptes Of the Constitution foresee to conceive
Who, at that distant day. for example, even dreamed
of the spectacles which have recently Disguised every
honest citizen 2-of postmasters, mail contractors,
mail agents and census takers, covering the land with
Government pamphlets, handbis and extra gazettes,
sufficient f ready to sap the morals, public and pr
vate, of an entire generation a--of the custom-house
mercenaries in the large cities, living the public
negectng every duty for party meetings and the polls
and rendering to power the bribe- worthy ser
vicesl-of district attornies and collectorsramblng
missionaries, defending every abuse Of ofice-;heir
own the most indecent, in order maintain power in
the hands of their patronl All who have reflected on
the foregoing facts must be ready to afirm-that Err
eeutire patronage "has increased, 10 increasing and
ought to be diminished"
hope, then, by early amendment Of the Con-
stituion reduction of the Presidents veto The
regulation of patronage would properly follow.
There can be no good reason why the veto should
not be overcome by bare majority in each House Of
Congress- Of all the members elected to itsay, for
the benefit Of reflection, al the end Of ten days from
h. If boA A hta ofTurf