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

paper This is the legitimate consequence OF the practi-
cal operation OF the wing doctrine OF the of the veto
and the power of the Supreme Court of which General
Taylor is the embodiment 1t is the essence of fed
| eralism
MIR Jefferson adopted very different principle Though
it is remarkable that he never had occasion 10 use the
veto power yet he strongly recommended its exercise lin
the case OF the Bank of the United Staes) to Gen
efai washington On general principles, however he
was In favor OF Its exercise constitutional grounds
and ne coniroverted the power of the Supreme Court to
De the exclusive Judge OF the constitution His doctrines
are sci forth SO clearly and forcbly the following ex
tract from letter he addressed Judge Roane Sepem
oer 1872 that we content ourselves for the present with
leaving the question as he puts it;
I'm denying the right they usurp of exclusively explain
ing the constitution 40 further than ysu do if under
stand rightly your quotation from the Federaist opn
ION that the Judiciary is the last relation the
other departments OF the government but in relation
Judiciary is derived If this opinion be sound then. ia.
decd is our constitution complete teo de For intend
pendent that they might check and balance another
pas gwen according to this opinion, TO of them alone
the right rules for the Others
and to that one too which unelected by and ndepend
the Impeachment has provided not even scae.cew
that such opinions as the one you combat sent cautiously
the Often sought for out of it, as il to rally the Dub
c opinion beforehand their views and indicate the
never to have excited animal version even in speech
OF any OF the body ntrused with impeachment The
the hands judiciary which they may yu twist anS Shape
into any form they please should be remembered as an
any government independent absoIute also In theory
only at hrs while the spirit of the people up
pactce as last as that reaxes. Independence can be
trusted nowhere but with the people in mass They are
Inherently independent OF all but moral law. My
quote; 1t Is that each department is truly independent of
ihe Others and has an equal right decide for itself
aul,, tad M
IFS action; and especially where 1t ultimately and
without appeal. l will explain myself by exam pies
which, having occurred whsl was Ia Office are better
known to me, and the principles which governed them
"A legislature had passed the sedton law The federal
courts had subjected certain individuals its penalties of
me and impri onment On coming into office, released
these individuals by the power of pardon committed to
executive discretion which could be properly
exercised than where citizens suffering without the
authority OF law, which equivalent, under law
unauthorized by the constitution, and therefore null. In
the case OF Marbuy and Madison, the federal judges de-
claed that commissions, signed and sealed by the Pres
dent, We're valid although delivered. deemed deliv
cry essential complete deed which as long as il re-
mains in the hands of the party yet no deed is in
posse only, but not In and withheld delivery of the
commissions They cannot issue mandanus TO the Pres
dent legislature or to any of their Officers When the
British treaty of 49, arrived without any provision against
of our seamen determined moi to ratfv
It, The Senate thought l should ask their advice !
thought that would be mockery of them when | was
Publications The constitution had made their advice
cessary to confirm treaty. but reject This has
been blamed by sone but have doubted its sound
ness In the cases OF two aHtedt under
similar circumstances, the federal had determined
that one OF them (Duane) citizen the House
nevertheless, determined that the other
(Smh, OF South Carolina) Il CITIZEN and admitted
him TO his seat IN their body. Duane republican,
and Smith ledealist and these decisions were during
the federal ascendency.
"These examples OF my position, that each of the
what duty under constitutions without any regard
what the others may have decided for themselves under
a similar question"
The constitution controlling the common law in this particular