The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-21
Federal Principles.


Federal Principles.
We have called attention to that feature of General
Tayors inaugural address, which conveys the idea that
he will look TO the decisions of the Supreme Court as
binding expostons of the constitution In reply to our
article on this subject, the New York Courier and En-
quer contains the following expansion of the prin-
eiple laid down in the inaugural:
The Union declares that the Presidents conscience
must be his guide ia Interpreting and supporting the CON
,s a' !, an aos of sds%en Coascenee has nohnr to
do with H. except as 1t binds TO fair and honest exercise
San. Judgment i, to govern his acton in regard to the
constitution He is TO whatever he thinks to be
.ruona In the distinct and exact language of General
stands IT," This is the Unions doctrine.
Gen Taylor declares that hc will look to the decisions
oflhe judicial tribunals for his guide. The Union,
organ OF the opposition denounces this sentiment and its
:" the United States wa. made for The fundamental law
the land, the constitution ITSELF declares that its ursdc-
lion extends all Ceases arising under the
1t interpreter of that instrument. Its judgments
final There is from such judgments appeal. l, is
made the supreme tribunal for the Interpretation of all dis
puled doubted provisions Of the constitution.
Why them should the President look to its dec isons
men raised above its authority Is he the only
the United States who disregard its judgments, and
Sc, aside its solemn adjudicatons! The Union in the
habit of insisting that Congress is bound by the judicial de-
cisions in regard the constitution May the Executive
representative Of the people. is amenable
such is the doctrine of the Union but such is the
doctrine OF the President and such is the theory OF
government The trainers of the consutionthe fathers
and founders of the republicoresaw that differences OF
opinion would OF arise the meaning OF that in
sument They saw the necessity OF providing for them
They knew that wonld not do to leave them unprovded
orio leave the iundamentn law OF the land to be the
standing source OF party conflict They therefore formed
the Supreme Court for the express purpose Of pronouncng
final Judgments upon It's meaning.
This is the essential doctrine of the federal party
rank as the heresy which was embodied in the alien and
6 Ia v,,ltro ttoo
Of the federal States in '9se9 in opposition to the
resolutions of Mr.. Madison. According to the doc
trines of those who now occupy the high places
Of the government, all questions of constitutional
construction belong to the federal judiciary alone;
and when the fiat of the Supreme Court is utter
ed, the people must bow their heads and after
hold their peace The judgment of that tribunal is al
legged to be final and il the people must submit But
the Supreme Court reconsider and its
decisions whenever may choose and thus may modify
e nature OF institutions and alter the practical ope-
raons OF government whenever it may think proper
So and by this doctrine (under the forms OF pop
uar governmenD the people have no word even OF re-
monsrance to utter.
By the voice of the people and of the States Pres
dent elected the representative OF both and accord
ing the fundamental law before he enter upon the
duties Of his Office, he must be bound by solemn oath
"to preserve, protect, and defend the constitution of
the United States" In order that he may redeem this
oath, the constitution requires that every bill which shall
have passed the Senate and House OF Representatives shall
be submitted to him for his approval before can become
law; and if he does not approve it, he shall return it
with his objections to the House in which it originated
and then it cannot become law unless two-thirds of
each IN re ntofl
the constitution is lain and explicit General Washing
ion, following the advice of Mr.. Jefferson. used the
qualified Veto Messrs. Madison. Monroe, and jackson
r.lsel the power; and there no complaint
against its exercise until it used to protect the people
from the unconstitutional system of affiliated interests
which the federal party endeavored to fix and fasteu
upon the country Since then, Mr.. John Tyler awaited
himself of to prevent the creation of national bank
and Mr.. Polk to prevent the establishment OF wastefu
and exravagant and unconstitutional system of internal
Improvements. In doing, they were sustained by the
great body of the people of the Union. But now we
have become much wiser than ancestors, and
desand the constitution much better than those who
framed it, that the veto power is to be practically
abandoned The President elected the exponent TO
extent of the principles of constitutional construc
ton and public policy sanctioned by the people, is to
have voice in the affairs of the government 1t is not
his business consider the and provisions of that
instrument, which he has to protect preserve
and defend. His judgment, gravely told should
not govern his action in regard to the constitution; and
his conscience should be concerned in the fulflmen
of his OATH He-yea, and the representatives of the peo
pie also, who have taken the oath TO uphold and
defend the constution-must look to the Supreme Court
and to the Supreme Court alone, for guidance in perform
ng their high functons for, according TO the federass
the Supreme Court was formed for the express purpose
oil pronouncing final judgments the meaning OF the
fundamental law and this judgment is to be so far bind
ing to control all the co-departments Of the govern
mento extinguish the legislative will of Congress, as
well as 10 absorb the veto OF the President We protest
most solenny against this dangerous principle. The
President decide for himself, the representatives
and senators for themselves what power the fundamental
law confers upon them.
The veto power is of the great conservative pow
ers of the constitution 1t is lodged in the hands of the
Chief Magistrate elected by the people, and by the States
to protect them against the encroachments OF ma
lory OF Congress 1t does not give to the President the
power to Cypress All effect to prevent legisIa
uon when less than two-hiris OF each house of Con-
gress unite upon any particular The veto
pass no law and is therefore safe clohe the Pres
dent with it, since the rights and liberties Of the people
can only be stricken down by positive enactments. 1t
was intended to protect minority from the wrong
iul and oppressive legislation OF bare majority of