Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-08-13

all sorts Of official decisions. The language of
Mr.. Madison was remarkable for nothing more
than for its accuracy; he was a full.minded
| man, but at the same time most accurate thin
ker and writer. lie never employed useless or
unmeaning words; nor did he leave the sense
he intended to express doubtful or obscure
"Waving the question of consttutionality." 1t
might be asked, what right had President of
the United States to waive the question of the
constitutionslIty of any thing He had none :
none whatever he was bound by his oath to
support the Constitution Of the United States.
What then was his meaning lie waived the
question because there was no longer any ques-
ton undecided the question had been settled
Although he might privately have thought
otherwise, nay, although he might still be of the
same opinion, yet when he cast his eye over the
whole land, and saw it filed with tho monu-
ments which proved the question to have been
decided in the legislative, the judicial, and the
executive departments of the government, and
by the long acquiescence Of the People, he
came to the Just conclusion that, as President
of the United States, he had no question to
settle.
On this ground he waived the question His
words were, Waving the question of the con-
stituonal authority of the Legislature to estab.
| lish an incorporated bank, as being pRECLUpEp
"'y y"o1 "'e'"S " iCpCutCu lCCOgutlOHss WI.
der various circumstances, Of the validity of such
an institution, in the acts Of the Legislative,
Executive, and Judicial branches Of the Gov.
eminent, accompanied by indications in different
modes of concurrence of the general will e
tho nation" He waived it; yes but what did
he waive Ills own private opinion, if he still
held 1t; or his former opinion, as more openly
expressed There was no longer a question for
him to decide. lie might say to himself, "No
matter what may have thought as man this
question now comes up to me as President, from
land tecmng with proofs that it had been de-
cded and am to set up my private opinion
| against that of the whole People of the United
States! No; as President Of the land,
| ,eairc H."
Mr.. y. further adcerted to the fact that,
when Mr.. Madison used this language, the ju.
dcial decisions by the Supreme Court had not
yet been given Qor they were not made till
lSl9,) and asked how much stronger would his
language have been had those decisions been
before him How could that be unconstitu-
tional which the tribunal declared BY the Con.
sttution itself to DO supreme over all courts, 60
far as rights we're concerned, had pronounced
to be constitutional 4!
Mr.. 5. would not ask whether, under these
circumstances, member of Congress was a,
llbertyto urge such an objection against bank
bill but *hether he was bound to DO it /, How
could he be lie might give his opinion OIL
the point as reason for his vote or he might
leave the Hall when the question came, as had
been done by q worry distinguished individual,
whose conduct had given rise to great deal OF
remark at the time, but whom Mr.. s. was under.
stood to approve as acting on the principle that
when constitutional question has been, no
man was at liberty to make active opposition
against 1t on the ground of his own personal
OPINION. To try this principle, he put the case
OF man who from some notions of his own as
TO the unconsttutionality of law, should forci.
oily resist its execution. and thereby incur the
penalties of treason. Would it be a sufficient
plea IN his case against sentence of death being
pronounced on him TO say, that it was his pr.
vate opinion that the law he had resisted was
unconstitutional Surely not. lie might enioy
his opinion, but must not carry it into action
against the settled will Of the nation legally ey
pressed. Suppose marshal of the U. S. was
caiied 10 execute process issued in behalf of the
f'ank' might he refuse on the plea that he
thought the Bank unconstitutional or might a
court refuse to give judgment for the Bank IN
suit, because one OF the Judges on the bench
held that opinion
And why would it do any better for the Pres.
'dent Let him take the Constitution as others
were bound to take it, He was perfectly free
TO DO 80, nor would he he guilty of ineonssten.
cy or breach OF duty in setting aside his pri-
vate opinions just as the judge of subordinate
court must do II any functonary of the Gov.
eminent was bound to act otherwise, it must be
on the alleged ground of his oath to support the
Constitution but did that mean that every man
must support the constitution 'us he understood
= No such doctrine was in the Constitution.
The same oath was administered to every func.
uonary-lf one was bound, all others were
And IN question like this, we might as law.
iully argue from lower to higher, as from
higher to lower officer. If the marshal was
bound to take the Constitution as effectually
settled, 40 was the President lie might in.
slst on his right of private judgment, SO nigh,
the Marshal, and so the Judge, and so might, at
last every private citizen and then we should
come to that glorious state of universal confus.
'on' where every man Interpreted law and con.
s'tutlon to suit himself, and every man did
what was right in his own eyes, A man might
have sold his neighbor quantity of bank stock,
and when he demanded his money the other
might say, shall not pay you a dollar: the
bank is unconstitutional, and it's stock no more
than blank paper.