Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-12-26


this high judicial tribunal under the con
s1itution Of acknowledged power, necessa.
ry alike 10 its independence and the rights
Of individuals. sA#
For the same reason that the Execu-
tive veto should, according to the doctrine
maintained, be rendered nugatory and
practically expunged from the constitu.
ton, this power Of the court should also
be rendered nugatory, and BE- expunged
because it restains the Legislative and
Executive will, and because the exercise
of such a power by the court may be re-
garded as being in conflict with the caps.
city of the people to govern themselves
Indeed, there is more necessity for strk-
ing this power Of the court from the con-
stltution than there is Of the qualified We
to Of the President, because the decision
of the court is final and cannot be- revers-
ed, even though both Houses Of Congress
and the President should be unanimous in
opposition to it; wherein the veto Of the
President may be overruled by the vote
Of lwo-thirds Of both Houses of Congress,
or by the people ut the polls.
1t is obvious that 10 preser the sys,
tenn established by the constitution, each
Of the co ordinate branches of the govern
ment-the Executive right, the Legisla-
ture, and the Judiciary-must be left in
the exercise Of its appropriate powers. If
the Executive, or the Judicial branch be
deprived OF power conferred upon either
as checks on the legislative, the prepon-
derence of the latter will become dispro-
portionate and absorbing, and the others
impotent for the accomplishment Of the
purposes Tor which iney were establish
ed' Organized as they were, by consent,
they harmonizcd together for the public
good. After the Executive and Judiciary
shall be deprived of the constitutional
powers vested in them, and their due
proportion, the equilibrium Of the system
must be destroyed by the consolidation
OF unchecked despolic power, and by ma
Jorltes Of the Legislative branch.
The Executive, Legislative and Judi
clal, each constitutes a separate co-ordi-
nate department Of the Government, and
each independent Of the others, and in
the performance oftheir respective duties,
under the constitution, neither can, in
legislative action, control others. They
each act upon their several responsible
ties, III their respective spheres; but if
the doctrines now maintained be correct,
the Executive must become practically
subordinate to the Legislative, and the
Judiciary must become subordinate to
both, and thus the whole power Of the
Government would become merged into a
single department.. Whenever, if ever
this shall occur, our glorious system Of
weIl.regu|ated sclCgovernment will crum-
anarchy, and finally by anarchy or des-
potism.
| am far from believing that this doc.
trine is the sentiment of the American
people, and during the short period which
remains for me to administer the Execu-
tive department, it will be my aim to
maintain its independence and discharge
its Duties without infringing upon the
powers or duties Of either of the other
departments Of government.
The power Of the Executive was exer-
cised by the fist and most illustrious Of
my predecessors, and by four Of his sue
cessors who preceded me in the admins
tration Of the Government. 1t is believ-
ed that in no instance prejudcial to the
public interest, has ever been exercised.
No President will ever desire, unnecessa-
rily, to place his opinion in opposition to
that Of Congress. lie must always ex-
ercise the powers reluctantly, and only
in cases where his convictions make it a
matter Of stern duty. lie cannot escape.
Indeed, there is no danger that The Presi-
dent, from the repugnancc he must a.
ways feel to coming into collision with
Congress, may fail to exercise, in cases
where the preservation Of the consititu-
tion or the public good demand it, that he
will exercise it unnecessarily or wanton-
ly.
During the period l have administered
the Executive department of the govern
ment, great and important questions of
public policy, foreign and domestic, have
arisen, upon which it was my duty to act.
1t may indeed be truly said that my ad-
ministration has fallen in eventful times.
I have felt most sensibIy the weight of
the high responsibilities devolving upon
me. With no other object than the pub
lie good, the enduring fame and perma-
nent prosperity Of my country, i have
pursued the convictions of my own bes,
judgment. The impartial arbitrament of
enlightened public opinion in the present
and the future, will determine how far
the public policy have maintained, and
the measure | have recommended, may
have tended to advance or retard public
prosperity at home, and to elevate or de-
press the s,imate of our national char
acter abroad
Invoking the blessings of Almighty
God upon your deliberations, at your pre-.
sent important session, my ardent hope
is, that, in spirit Of harmony and concert
you may be guided to wise results, and
such as will rebound to the happiness,
honor and glory Of our beloved country.
JAMES X. POLK.
Washinpton nec eth 1QdQ