Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1841-11-17


when The war of 1912 at length came, was
among the first and longest in the presence of
the foe. The insults received from the French
Direclory--heir depredations on our commerce,
renewed under Napoleons DEGREES, Berlin and
Milan) which followed the British Orders in
Council, also largely shared in my indignant
reprobaion.
The administrations Of Mr. Madison and Mr.
Monroe, like that Of Mr.. Jefferson, had, in their
respective periods, my humble but hearty ap-
probation; and have ever since censurcd moth
inc in either bul the sale of part and the dis
manlling of our Navy: the gun boat system of
defence that followed, and the indefinite en-
barge, which, crppling us for war, by destroy
ing our commerce and finances, and depressing
agriculture, wars long continued without re-
dressing one outrage from abroad.
give this lille sketch of the growth OF my
party feelings or opnions-mmportant, per-
haps, except To myself and few partial friends,
to show that if | have never been Federalst
i'll any party sense OF the term, so neither have
been Jacobin, an impracticabte or abstract
ionist in any sense whatever, but always an old
fashioned republican, devoted 10 the support OF
law and order; democratic Wing fjust as all
my family had been Wings in the great slrug-
gle for national freedom and independence.
The Judiciary--F From an early and long con-
,nued study of elementary law, my mind has
ever been imbued with deep reverence for the
Bench-Slale and Federal; an independent de-
partment in our system of government, and
which, holding neither the Purse to corrupt
nor the Sword 10 ierri(y, addresses itself only
with The mild force OF persuasive reason, 10 the
intelligence and virtue Of the whole comlnuni-
~. BY The Federal Constitution, every possi-
BILE safeguard is provided to shield its Judicial
ry against fleeing prejudice, political rancor
and party dependence, TO which legislators and
the Executive are unavoidably, directly and
constantly exposed Hence, 40 the one Su-
preme Courl" is widely extended (hy ''appei-
late iurisdiciion") ''aI cases in law and equity,
arising under the Constitution the laws of the
United States and treaties made, or which shall
be made Under their authority"
Looking 10 this express provision, have al
ways held that when doubtful question, aris-
ing under the Constitution itself, the supreme
law OF the land; under an act of Congress or a
treaty. has once been solemnly adjudicaied by
that Court, the principle of The decision ought
10 be taken, by all, as definitely seiled unless,
indeed, ii be upon re-hearing before the same
tribunal. This appears 10 me too clear FOR dis
pulaiion; for the Court is not only declared 10
be supreme, and hence there can be no bench
beyond it; but 10 Congress is only given the
power TO constitute inferior tribunals. By ap-
peas 10 the Supreme Couri, settlement was
intended 10 be reached. and anarchy, through
long distraction of the public mind, on great
questions Of legislative and executive power
thus rendered impossible. Practically, there
fore, for The people, and especially their func-
liOnaries, 10 deny, disturb, or impugn principles
thus consiitutionallv established, strikes me as
Of evil example, If not of direct revolutionary
tendency, except, indeed, in the case OF judi
cial decision enlargine power and against lib
erty; and any dangerous error of this sort can
be always easily corrected, land should only
be corrected) by an amendment of the Consii-
tion, in one Of the modes prescribed by that in-
strument iself-lhe organic law of the States
and ,hc people Misconsructions Of law, othe-
er than the Constitution are yet more redaily
corrected by amendatory or declatory acts of
Congress-
The Electiue Veto.- This by the trainers of
the Constitution, could only have been design
ed 70 enable the Presidept to defend his
own righlGul powers against usurPalions on The
part of Congress- O. To enable him 10 forbid
OiHeT le9ISldiiNC lUIidCtiOiIS VI
and 3. TO guard The country against other
acts Of hasly or violent legislation.
1t is hardly possible TO conceive a case un.
der The first or second Of these heads, against
which the Judiciary-the balance wheel of the
syslem-does not afford, of itself, all the secu-
rily that the people can require.
But without The protection of either the
Bench of the Veto, would the executive depart
meni, (become so super-judicial of late years.
be 100 weak 10 fulfil he strictly executive func-
tions for which it more particularly crea-
ted? Or rather, would not that department still
be the most powerful, for evil, in the govern
ment!
The President is under The checks of The
constitution and law, righl(ully invested with
the power of the Sword, andsHe has again and
again had that of the Purse alsp. The Houses
of Congress, ii is true, lay laxes, on imports
and regulate the sales Of the public domain; but
il is he lthrough his agenis) who handles the
proceeds. From S33 to 1886 10 say nothing
Of The prescnD he alone nominated and dis
IL, IL. L Il