The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-12


",he Republican portion of the Wing party" they
could not conquer and therefore they compelled
to add TO "TiPpecanoe' the "Tyler too" "In hoe
vinceW With this union this combination, the yari-
GUS classes of Wings did conquer. Noyeml er came
the election decided their victory The iles Of March
came, and "TipPecanoe and Tyler too" in
stalled.
And not only was "Tippsscanoe" installed. but
but I" Tyler too" Not only were the principles Of
Tippecanoe to be respected and observed but those
Of "Tyler too" And what the principles OF
"Tyler tool" They were not left in doubt. They
republican. They were the principles Of State
rights" and "stric construction" they were opposed
TO the consiitutonay OF Bank Of the United States
Of protective tariff, and every thing federal and la-
tudinsrian. The stipulation, then, not TO derde
and scoH at these principles, but TO respect and che
IRISH, and not destroy them; and the main stipulation
was not 10 press upon their advocates ultra issues
IF any kind, and then prescribe them for not de-
serfing or for defending their principles This was
the compromise and the course was clear To be pur'
sued. To take time for Cancellation, and for the
tuny of measures and not to hurry into system to
utonize the policy OF this Government too sud
denly. The Republican Wings were themselves di-
,ided into classes this subect-those who be-
eved in the constt nationality OF Bank Charter and
those who did not. OF the former | was one; but
though had no scIuples the subject myself Twas
Of those Who did not respect The scrupes OF
others. And under the bonds Of the Wing union,
for one feel bound and pledged TO respect the scrur
pies of the other-of Tyler too"
"Tyler too" the sign and representative of
the Republican portion Of The Wing party" Tip
pecanoe" is dead r. ler too" yet liveth; and the
Republican portion of the Wing Parry" has il in
its own power TO compel respect if not liberation. OF
| the Republican portion OF the Wing Party, and
yet for the constitutionalty Of United States Bank
may well claim to be of the fair arbers of tins
| yexed question. What do / say, thenl Do not press
upon the 1ylers too" these ultra issues Ii the
Bank question is lost now, it will be for twenty years
TO come! This repeat, | said il in January, ISL
Violate your pledges OF 1910 TO your compatrlots III
the struggle Of that year and you may lose this great
and vital question for twenty to come and may
be left PROSTATE, suplne, powerless, and pess as
you were in 1928 beseech you not to adopt such
doctrines and motives of conduct assigned in
the national organ Of the Sd instant
" But what security have we for the permanent
cendancy of the Wings in the nation and in the pub
lie councils Every thing human, like every thing
else in nature, is subject change Beneath the in
luence of time and the elements the most stately ed
flee crumbles into dust. The loftest oak OF the for
est when the tempest Uses in its fury is compelled to
bow his stately head and in spite of his hundred
arms strong to yield his leafy honors the plain
Are we not subject also to moral tempess, well
atmospherical Have we not in our day experienced
them Have we not our brightest hopes blast
cd by them Ought any great, and good and vaIu-
able measure, that is now within our power to be sub
eced to the hazard of recurrence of such political
revolutions we have ourselves heretofore Witnessed
Is it wise is it polite is it SAFE to put off to future
day measure of such vast importance, and iraught
with SO much promise that whose adoption we are
urging, when we can now accomplish IL
What is the meaning of thisa Not g to make hay
while the sun shines z" No! That is wise and
prudent maxim of the husbandman Blu, hope il
means TO SNATCH whilst you have the power TO do
50, measures which the People may not approve
oppose this heresy by the counter advice to
tlousy, and wait for the movements OF the People
Snatch nothing from them, but abide their gracious
pleasure to give.
I The people have not yet decided this question in
favor of the conslitutionalty of Bank and the Pre-
sdent of the nied States in his message us, says
that they have expressly decided against It's charter
But say gentlemen President, believing both that a
Bank is unconstitutional and that the People too have
decided against IT, may lrdire the constitutional ques
tion take that as question, and upon the principle
of" stare decsis," following the lusrous ex ample
Of Mr.. Madison, sign charter bill authorizing
the charter Of National Bank. Certainly Pre-
sdent may do this; but is he jusifabe upon the prn
cipe assumed2
ustable because my opinion has ever been, and still
s that he had in fact changed his opinion in relation
to the propriefy and necessity and consitutonaly Of
a United States Bank will not stop To show this
from his writings; but do undertaken to that he
was justifable upon no other ground than this In
other words if he had not in fact changed his opinion
the point of coDstitu'ionalty, principle of stare
decsis could justify him in sanctioning what he still
thought an unconstitutional law. i speak now in
ference to his sanction, with his opinion sill unchang
ed, still against the constitutionalny of the law.
say that no President, believing any law to be
constitutional, is jusfabe in conscience in sanction
ing that law The principle of stare decisis"
not justify him. That principle cannot Justify him,
because it applies only and only apply to the
cution Of laws by President and not to the passage
of laws
The gentleman from Pennsylvania Mr. Sergeant
met this question with equal ability and fairness. He
did not pretend that the decision of the people the
decision of Congress, the decision OF the Supreme
Court was in any sense binding upon the conscience
of President TO sign bill which, under previous
and expired legislation, had been declared by all these
decisions to be constitutional; but urged that such
decisions were properly 10 be received final set
Element Of the question, and the question be
considered no longer existing. This is the extent
to which he went | confess that, though | differ
from him. his argument was powerful TO reach the end
he aimed at-as he said, :" 10 set the President free
! from the trammels of his individual convictions y
The position Is very strong one indeed, that uni
form and concurrent decisions, popular, Legislative,
ecutive, and judicial may set free from his oath
to support the Constitution of the United States Sir
this must be error. The gentleman denies that the
President swears to support the Constitution and to
execute the laws as he understands them" This
admit fan the erecution OF the laws and of the
Consi uon is concerned He cited the case OF the
citizen who fails refuses TO obey what he deems an
unconstitutional law-tbe marshal who should refuse
To execute what he deems unconstitutional process.
Sir, is not the province of the citize marshal TO
adjudge or decide upon the stutonaty IL an ~.
isting lao. The citizen must obey the Law passed by
the Legislature and decided 10 be law by The lnbu-
nails OF justice appointed under the Constitute % de-
eide what is law. IL not his province TO judge upon
the validity OF laws at ALL except al the polls There
he may enforce his opinion by his vote, But until
| the law expires is repealed, or its unconsiutoneity
be decided by the courts he guilty -
bellion If he resists its execution. But here cl
add thai one of The wise objects of the provision
in the Constitution to prevent The passa Of avs
which might bring the consequences OF constructive
treason dawn upon the ci izen. The tariff cgntfo.
versy In South Carolna might Ill srae this. a IN.
the marshal Is but a merely ministerial officer lie
has NJ province 10 judge, but must erecute mcrty
So even with President of The United States III.