The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-27

and ultimately crowned their struggle with the no.
blest model of civil institutions They bequeathed
| to a government Of laws, and Federal Union,
founded upon the great principle of popular repre-
sentation. After successful experiment OF forty-
| four years; at a moment when the Government and
the Union are the objects Of the hopes OF the friends
of civil liberty throughout the world and in the
midst Of public and individual prosperity unexam-
Piled in history called to decide whether these
laws possess any force, and that Union the means
of self preservation. The decision of this question
| by enlightened and patriotic people cannot be
doubtful. For myself. fellow citizens devoutly re-
| lying upon that kind Providence which has hith-
crto watched over our destnies, and actuated by a
profound reverence for these institutions have 80
much cause to love, and for the American people
whose partiality honored me with their highest
trust have determined to spare no effort to dis
charge the duty which in this conjuncture ID de-
! volved upon
! "That a similar spirit will actuate the Repre-
sentatves OF the American people is not to be 9ues
toned and ] fervently pray that the the Great Ruler
joint measures, that they may prove salutary
| examples, not only to the present, but to future
times and solemnly proclaim that the Constitution
| and the laws are supreme, and the Union indsso-
luble. "ANDREW JACKSON.
WAsHINsToN, January l6, 1884,
The substance of the argument that my col
league to prove that the President has usurped
the Judicial power of the country, is, that he,
the laws OF Mexico were, TO some extent, in force
in the territory acquired by conquest and treaty
| from the Republic OF Mexico; and that this opin-
ion, so given, would have and exercise control-
ling influence with and the judges, should this
question be brought before the courts for adjudica
ton; and that, of a consequence the expression OF
such an opinion, in the manner and form in which
| 1t was done, was and is usurpaton and exercise
| OF judicial power. Now, sir, ID 1t true that an
opinion, expressed, was exercise OF judicial
power? Will the gentleman believe it himself,
when he gives the question fair consideration!
Is there any lawyer of high reputation, like he is,
| who is not laboring under the influence OF strong
| excitement, and may say prejudice, that would
risk his reputation as lawyer by a solemn and
earnest expression of such an opinion!
The honorable gentleman from the Richmond
district is not content with charging the President
with these usurpations only; but he also charges
| him with having neglected to perform the duties
required OF him the Executive of this nation. He
| says:
| s"The Administration has wholly transcended its
simple Executive functions. II has melted and aided
to overthrow the de fact0 government 1t was bound
to maintain, and to supersede all laws il was bound
| TO enforce. II has trenched upon and assumed
high Legislative powers, the exclusive functions of
| Congress, its coordinate department under the
Constitution"
| Now sir, what did the honorable gentleman de-
| sire the President should have done? Did he wish
that instead of advising the people of this Terri
tory to form constitution, and present II to Con-
gress, and apply for admission a State into this
Union, he lthe Presdent) should have resisted
with the military power Of the country such action
and thereby maintained by force the then existing
1 III
President failed to do his duty by permitting the
people of California to assemble together and con-
suit with another about their interests and du
ties citizens of California. Sir, with all due re-
spect for the legal qualifications OF my colleague,
be permitted TO say that he has not satisfied
my mind that the President has been guilty Of
neglect of duty, Of usurping either Legislative
judicial powers, in his advice and action in relation
TO California; and believe that the President will
be sustained in the patriotic he has adopted
| by large majority of the people Of the United
States. They can and will read, understand, and
appreciate the plain and straight forward course
pursued by the President; and all the special plead
ngs of ali the lawyers in Congress, to mystify the
Presidents message on this subject, will be Of no
| avail.
My colleague, in speaking of the Presidents
former life and habits, says:
ellis Cabinet have been differently raised and
| exercised. They have been selected for their sup
| posed maturity Of wisdom and fulness Of expert
| ence on such subjects. On them General Taylor
/ would naturally rely, and by their counsels be
guided in all such matters In justice and in truth
his Cabinet responsible for the unconstitutional
action the usurpatons and insidious tendencies OF
| the policy disclosed by that message. Such re.
sponsiblity before this House and the country would
| l fix upon them. The consequences of his action,
and the result Of his policy, were surely not appre-
ciated by the President ! much fear me, his un- :
suspecting honesty has been practised on-his gen
| erous confidence abused The pretext Of extending
protection and encouragement TO distant commu-
nity cast mainly on Executive care, has been used
and serious encroachment on the coordinate de-
partments Of this Government"
Now, Mr.. Chairman, appeal to the justice OF
my colleague, 20 this House, and the country, 70
determine whether this is not dealing ungener-
ously with the President the veteran soldier, and
distinguished commander Of our armies, who dis
played so much wisdom and good sense in all his
military operations Here, sir, IL an imputston
that the President does not comprehend what he
is made 10 say and do by his Cabinet. IL s the
reitcration OF the fulminations Of the partisan
presses Of the country, who have been playing this
game TOR the last twelve months They are aware
that the President has a strong hold upon the af-
fecons Of the people, and that IL will not do 20
sail his reputation; but, sr, they send out 10 the
country intimation after intmaton that the Presi-
dent totally unfit for the proper discharge of the
duties Of his office; that he is the automaton
in the hands Of his Cabinet And this is done for
the purpose Of weakening the confidence Of the peo-
pie in the measures and policy he recommends.
would advise my colleague 70 go and see General
Taylor, and converse freely with him; he will find
that he is not only acquainted with the history Of
this Government and the policy Of the country but
that his mind Is stored with useful information.
have been but very little with the President, but
have each time left him with increased confidence
OF tho purity of his heart, Of his good, sound com
mon sense, and Of his superior fitness for the du-
ties Of the Office he fila with much dignity 20
himself and advantage 10 the country. And, sir,
the very argument Of the honorable gentleman, II
i prove any thing proves that candidates for the
Presidency, and Presidents after election, should
constitutional duties and powers, and that, there
fore, Zachary Taylor, in the late canvass, acted
right in not pledging himsefn advance either "a
veto or give his assent TO any particular bill that
might be passed by Congress. And our present
trouble upon this slavery question has mainly re-
suited from the fact that different course has been
pursued by at least one Of his predecessors.
have said that I expected TO vote for the admis.
sion Of California into the Union one Of the
ereign States of this mighty Confederacy, without
any limitation upon the rights of her people, er-
cept that prescribed by the Constitution Of the
United States. I acknowledge, and believe in the
doctrine, that the people Of this country are capable
of self government, and that when any portion OF
the people are about 10 form State government
and ask for sdmittance into the Union u these
States, that they have the right 10 provide for the
regulation OF their domestic affairs, and 10 de-
termine whether they will or will not tolerate sa
very within their limits and call upon the friends
Of political and civil liberty to unite with me in
asserting this doctrine. And, sir, let me exhori
our friends from the North TO abandon their Wd
mot provisoes, and all other unjust, unconstituon
al or nexpedent limitations upon the rights OF The
inhabitants OF the Territories OF the United States
Their application, IL is believed by them, will have
no practical effect; and il they have the numerical
force, and, they seem TO believe, the constitu