Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1842-09-08

cy has never occurred before, and that all
prudent and patriotic minds have looked
on this new trial Of the wisdom and sta
biluy Of our institutions with somewhat
anxious concern. have been made TO
feel too sensibly the difficulties OF my un-
precedented position, not to know all that
is intended TO be conveyed IN the repfoach
cast upon President without party
But found myself placed 10 this most re-
sponsble station, by no usurpatIon or con-
trvance Of my own. was called to it.
under Providence, by the supreme law OF
the land, and the deliberately declared will
Of the people. 1t is by these, the people,
that have been clothed with the high pow
ers which they have seen fit to confde to
their Chief Executive, and been charged
with the solemn responsibility under
which those powers are to be exercised.
1t is to them | hold myself answerable, as
a moral agent, for free and conscientl-
GUS discharge OF the duties which they
have imposed upon me. II is not as an
individual merely, that | am now called
upon to resist the encroachment of uncon-
siitutional power represent the Exec.
utiye authority ofthe people Of the United
States and it is in their name (whose
mere agent and servant am, and whose
will, declared in their fundamental law,
dare no., even were inclined, TO DISC.
bey,) that protest against every at
tempt to break down the unconstitutional
power Of this department, without SOL
emn amendment Of that fundamental law.
am determined TO uphold the Constr
tuition in this, as in other respects, to the
utmost of my ability, and in defiance oil
all personal consequences. What may
happen to an individual is of little lmpor'
lance but the Constitution of the coun'
try, or any of its great and clear princl-
plies aud provisions, is too sacred to be
surrendered, under any circumstances
whatever, by those who are charged with
its protection and defence. Least of all
should he be guiltless, who, placed at the
head of one of the great departments OF
the Government, should shrink from the
exercise of It's unquestionab.e authority
on the most important occasions and
should consent, without struggle, to Ell
face all the barriers so carefully created
by the people to control and clrcumscrbe
the powers confided to their various a.
gents. 1t may be desirable, as the ma
jorty Of the House of Representatives has
declared il is, that no such checks upon
the will of the Legislature should be sui-
fered to continue. This is manner for
the People and the States to decide; but,
until they shall have decided it, | shall
feel myself bound TO execute, without fear
or favor, the law, as it has been written
by our predecessors.
protest against this whole proceeding
of the House of Representatives as ca
parte and extra judicial. | protest "a
gainst il as subversve of the common
right OF all citizens to be condemned only
upon fair and impartial trial, according
to law and evidence, before the country.
protest against it, as destructive OF all
the comfy OF intercourse between the
Departments oil this Government, and
destined, sooner or later, to lead TO con-
flict fatal TO the peace of the country and
the integrity of the Constitution. | pro-
test against it in the name of that Constl.
tuition. which is not only my own shield
ofprotection and defence, but that ofeve.
ry American citizen. lprotest against
ii, in the name Of the people, by whose
will stand where | do, and by whose au
thori,y exercised the power which am
charged with having usurped, and to
whom | am responsible for firm and
faithful discharge, according to my own
convictions of duty, of the high steward
ship confded to me by them. protest
against it, in the name Of all regulated
liberty, and all limited Government, as a
proceeding tending TO the utter desiruc-
ton of the checks and balances of the
Constitution, and the accommodating in the
hands of the House Of Representatives,
or bare majority Of Congress, for the
time being, an uncontrolled and dospotc
power. And | respectfully ask that this,
my protest, may be entered upon the
journal of the House of Representatives,
as solemn and formal declaration, for
all time to come, of the injustice and I'M
unconsttutionality Of such proceeding.
JOHN TYLER,
WAsuINeToN, Aug. 80, 1912.