The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1841-12-04


redressing one outrage from abroad.
! give this little sketch Of the growth |
ofmv party feelings or opinions, unim-
portant perhaps. except to myself and a
few partial friends, to show that, if
have never been a Federalist, in any
party sense ofthe term, so neither have
| been a jacobin, an impractica5le or abb
stractionist in any sense whatever; but
always an old fashioned republican, de-
voted to the support of law and order; a
Democratic Wing, just as all my family
had been Wings in the great struggle
for national freedom and independence
The judiciary. From an early and
long continued study of elementary law,
my mind has ever been imbued with
deep reverence for the bench-State and
Federal--an independent department in
our systems of Government, and which,
holding neither the purse to corrupt, nor
the sword of power to terrify, addresses
itself only with the mild force of persua-
sive reason TO the intelligence and viz
tue of the whole community. BY the
Federal Constitution, every possible safe
guard is provided to shield its judiciary
against aeeting prejudice, political ran
cour, and party dependence, to which
Legislatures and the Executive are una
voidably, directly, and constantly expo
sed. Hence, TO the tone Supreme Court"
is wisely extended (by appellate jurisdic-
tom all cases in law and equity, ari-
sing under this Constitution, the laws of
the United States, and treaties made, or
which shall be made, under their autho-
rity."
Looking to this express provision,
have always held that when doubtful
question, arising under either the Con-
stitution itself, the supre me law of the
land: under an act Of Congress, or trea-
ty, has once been solemnly adjudicated
i by that court, the principle of the deci.
cision oughtto be taken by all as def.
nitely settled-unless, indeed, it be upon
a re-hearing before the same tribunal
This appears to me too clear for dispnta
ton; for the court is not only declared tc
be supreme, and hence there con be nc
bench beyond, but to Congress is only
giving the power to constitute I" info
Ttor" tribunals. By appeals to the Su
preme Court, settlement was intended
to be reached, and anarchy, through &
long distraction of the public mind, oil
great questions of Legislative and Exc
cutive power, thus rendered impossible
; Practically, therefore, for the people
and especially their functionaries, to de
ny, to disturb or impugn principles thu
constitutionally established, strikes m
> as of evil example, if not of direct re
volutionary tendency, except, indeed, i
the case ola judicial decision enlargin
power and against liberty; and any dan
gerous error G this sort can always
y easily corrected land should only be col
rected) by an amendment of the Const
. tuition, in one of the modes prescribed b
that instrument itself--the organic la
> of the States and the people. MiscoI
structions law, other than the Const
= tuition, are yet more readily corrected b
% amendatory or declaratory acts of Coz
q gress.
The Executive VetO.-This, by the fr
y mers of the Constitution, could only ha'
d been designed, |. To enable the Pres
m dent TO defend his own rightful powe
y against usurPations on the part of Co
&c gress; g. To enable him to forbid 9TH
at legislative infractions of the Constit
II ton; and 3. To guard the COUNT
'g against other acts of hasty or violent
a; gislation.
e, II is hardly possible to conceive cas-
be under the first or second Of these head
ed against which the Judiciary-the bdlan
e. sCheeI Of the system--docs not afford,
M itself, all the security that the peoE
IL can require.
81 But, without the protection Of eth
cd the bench or the veto-would the e.
cutiye Department, (become so super
On dicial Of late years. be TOO weak TO ful
DR. the strictly Executive functions
ny which il was more particularly create
or ra:her-wonld moi that departing
or still be the most powerful, for evil, in
Mt Government.