The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-07-22
ANTECEDENTs OF GENERAL SCOTT
LETTER FIRST.

VI GENEhAL
{ LETTER FIRST
D On Party Politics The Judiciary he Er
r ccltire Teio. -- Rotation ~ Office - On
; Presidential Te,m.-.igency Of The Presidea
in LegiSiatiOn-Secrct or oath bound So
: ciettes, SC.
WASHINGTON, October %, lSil
, GENTLEMEN: | have lately had the homo
To receive many letters from as many difieren
States, each propoundng, on the part Of The
writer and his neighborS, nearly the same pc
tlcal nterrogatores, TO which answers are r.
qulred.
= The scope Of the inquiries is tiatterng
: proof Of the interest that some OF my country
men take IN the opinions that have iOrmed
on certain great principles Of abiding import
ancp to the success Of our systems Of Govern
ment and as / have nothing 10 conceal, II
nothing Of value to communicate, shall at
once. without policy or reserve, and in the
form Of circular. comply with their several
requests.
{ Pariy Poliiics-Allhough. from early man
hood, have, by the profession Of arms, IN
, defence of country. been thrown out OF the
arena of party politics. yet | have never ceased
> To be an attentive observer OF public events
and thus, believe, there has scarcely been a
discussion of moment III Congress, within my
time, on which did not form, aud modestly,
hut firmly, express a passing opinion.
mere youth, felt the lIyeeSt JOY when
the alien and scdiron laws expired in the
triumph Of Mr. Jefferson. From 1906 was
old enough, by speech aud pen, to call for a
prompt and energetic redress Of our wrongs
suffered from Great Britain, under her orders
IN Council attack on the Chesapeake lrigale, and
long continued impreSsnent of our seamen ;
and when the war Of 1912 at length came,
was among the first and longest in the pres
ence of the foe. The insults received from the
French Directory, their depredatlons on our
commerce. renewed under NapOleon's DEGREES,
(BerlIn and Milan, which followed the British
orders in Council, also largely shared in my in
dIgnant reprobalIon.
The administrations of Mr. Madison and
Mr. Monroe, like that of Mr.. Jefferson, had in
their respective periods, my humble but hearty
appreciation, and ] have since censured moth
ing IN either but the sale OF a part and the dis
mantIlng Of the remainder of our navy, the
gun-bOat system OF defence that followed, and
the indefinite embargo. which. Gripping us for
war; by destroying our commerce and finances,
and depressing agriculture, was long continued,
without redressIng one outrage from abroad.
give this little sketch of the growth OF NV
party feelings or opnlonS-unimportant, per
hapS, except to myself and few partial
tnendS-tO show that, If ! have never been "A
Federast, IN any party sense of the term, 80
never have been lacobn, an impracticable,
or abstrac,onlSt, in any sense whatever, but
always an old fashioned Republican. devoted to
the support of law and order-a Democratic
Wing, just as all my family have been Wings,
in the great struggle for national freedom and
independence.
The JudiciTy-From an early and long
continued study of elementary law, my mind
has ever been lmbued with a deep reverence
for the bench, State and Federal-an ndepend-
ent department IN our system Of Government--
and which, holding neither the purse to corrupt
nor the sword OF power 10 terrlfy, addresses
itself only with the mild force OF persuasive
reason 10 the intelligence and virtue OF the
whole community. BY the Federal constitutions
every possible safeguard is provided to shield
IT'S Judiciary against eehng prejudice, political
rancor, and party dependence, to which Legisla-
tors and the Executive are unayoldably directed
and constantly exposed. Hence, to the " one
Supreme Court " is wisely extended (by" ap-
pellate jurisdiction "all cases in law and
equity arising under this Constitution, the laws
OF the United States, and treaties made OF
winch shall be- made under their authority"
Looking to thls express provision, have
always held that when a doubtful question
arising under either the Constitution itself, the
supreme law OF the land, under an act of Con
greSs, or "A treaty--haS once been solemny ad
Indicated by that Court, the principle Of the de
clslon ought To be taken by all as delnitiyely
setted--unleSs, indeed, il be upon Il rehearng
before the same tribunal. This appears To me
too clear for disputalOn for the Court is not
only declared TO be- supreme, and hence there
can be no bench beyond, but to Congress is
only gwen the power 10 constitute inferior y
tribunals. BY appeals to the Supreme Court.
Il settlement was intended to be reached. and
anarchy through a long distraction of the pub
lac mind, on great questions OF Legislative and
executive power, thus rendered impossible.
Practically, therefore, for the people, and cs-
peclay their tunctionarles. to deny. 10 disturb
or lmpugn principles thus conslutionaly ps-
tablIshed, strikes me as Of evil example, If not
OF a direct revolutionary tendency, except. in
deed, IN the case Of "A judicial decision; enlarg
ing power. and against liberty and any dan
gerous error Of this sort can always be easily
corrected (and should be only correcled) by an
amendment of the Constitution in one of the
modes prescribed by that instrument Itself
the organic law of the States and the people.
demonstrations of law, Other than the Constl-
tuition, are yet more readily corrected by amend
atory or declaratory acts of Congress
The Erecuiue Veto.--This, by the trainers
ct the Constitution, could only have been de-
signed. To enable the President to defend
!, his own rghtful powers against usurpations on
the part OF Congress, ,. To enable him TO
forbid other Legislative infractions of the Con-
stitution aud 3. To guard the country against
other acts of hasty or violent legislation.
1t is hardly possible to conceive n case, under
the first or second OF those heads. against which
the Judiciary-the balance-wheei of the sys.
tem-does not afford of itself all the security
that the people can require
But without the protection of either the
bench or the veto, would the Executive depart
ment (become 40 superjudicial Of late years) be
too weak to fulfil the strictly Executive func
tons for which it was more particularly crea
ted; or, rather would not that department still
DO the most powerful for evil in the Govern
menti
The President is under the checks of tn,
Constitution and law, rightfully invested with
the power of the sword, and he has again and
again had that of the purse also. The House.
OF Congress it is true, lay taxes Fix imposts
and regulate the sales Of the public domain
but 1t IL he, through his agents, who handle,
the proceeds From 1898 to 1886 TO say moth
ing of the presently he alone nominated and
dismissed all the agents who kept as well a,
those who collected, distributed, and dsbursed
the public revenue. The apothegm make Us
executors, we care not who are your lcgatees
has irightful application to such agents, and
the immense treasure that annually passes
through their hands
The rapid increase aud spread of population
the growth Of national wealth the amount OF
revenue collected and disbursed the new rcla