Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-10-14
REVIEW OF A FALSE THEORY OF THE
CONSTITUTION Of THE UNITED STATES


ate in july 1882, assigning his reasons for placing
his Veto upon the Bill which had passed both
Houses Of Congress for rechartering the Bank Of
the United States, contained independent of his OBJ
jections to the object of the bill, the following ex
travagant passage, directed against the vital prn
ciples of the Constitution itself:
set is maintained by the advocates Of the Bank thst its
consttuonaity in all its features ought be consider
cd as settled by precedent and by the decision Of the Su
-preme Court To this conclusion l cannot assent
eff the opinion Of the Supreme Court covered the
whole ground Of this act it ought to control the
Ordinate authorities of this Government The Congress-
the Executive and the Court each for itself be
guided by its opinion of the Constitution Each pub
Tic officer who takes oath osuppor the Constitution,
~swears that he will support it he understands it, and
not is understood by Others is much the duty
of the House Of Representatives of the Senate and of
the President to decide upon the consutionay any
-b resolution which may presented them for pas
sage approval it is ofthe Supreme Judges when it
may be brought before them for judicial decision The
opinon of Judges has authority Congress
than the opinion of Congress has the Judges and
SON that point the President is Independent of both The
authority Of the Supreme Court not therefore, be
permitted to control the Congress the Executive when
sacting in their legislative capacities but only
such influence as the force Of their reasoning may
sdsserve."
It is upon the authority Of this passage in the
Veto Message that Mr.. Senator SUMNER founded
his affirmation Gin his late speech in the Sem
ate, and in more recent one delivered by him at
home) of his right as Senator, to support the
Constitution of the United States " as lie anaer-
stands IL, and not as 1t is understood By Others"
L. IL
Supremacy in the Government, was an Incl
dent in the conflict between the President and the
two Houses of Congress upon the question Of re-
-newing the charter of the Bank 1t was spark
struck out in the collision between the iron will'
OF the one and the sober judgment of the other
of these two great powers. Flashing forth sudden
~ and unexpectedly, it dazzled for a moment the
vision of superficial observers but produced no last
ing impression and still less any thing like con-
viction, upon intelligent and unprecedented minds
The Senator from Massachusetts, SO far as our me-
mory serves US, is the only public man that has
ever relied upon this now almost forgotten dogma
of our great Warrior President as rule Of conduct
for himself
From the tenor of the honorable Senator's re-
marks it might be inferred by the casual reader,
that the doctrine cited by him from the Veto Mes
sage had been generally acquiesced in by those who
were contemporary with President JACKSON in diff
ferent branches of the Government. But the re-
cords of the country show that that doctrine and
cognae doctrines from the same source were secuted
ut by large proportion Of the press denounced
in public speeches by distinguished members Of the
body to which they addressed, and reprobated,
almost without exception, by those private citizens
whose personal regard and attachment to the Gene
raj did not overpower their judgment
That the press was not wanting in its duty to the
country the occasion Of the first PRONUNCIATION Of
these e1ceptionable doctrines is sufficiently shown
SO far as the National Inteligencer is concerned by
the following brief extracts from an editorial article
on the subject, which is to be found in the same
paper in which the Veto Message itself was pub
lished at large:
FROM THE NATIONAL IsrRLLIGENcER OF JULY IA, 1882.
In understanding Of the Constitution this grasp
ing at all legislative power by the Executive is contrary
to the whole spirit and genius Of Government. II
shows an entire Misrepresentation equally Of the duties
the Executive apd the rights Of the two Houses Of Con
gress. The power to pronounce VEro upon any act
Congress conferred for such purposes as to enable
the President to control all the action Of Congress Ont
Of the great objections to the old Confederation as
learn from contemporary writer's that Congress
the sole depository Of all the Federal powers it being
deemed improper and unsafe to intermix the diieren
powers Of Government in the body of men. TIL,
present Constitution not established to take all thu
Federal powers from Congress and give them to the Pre-
sdent The Office of President created that he who
fills it may ereeEte the laws and not make them"
The Executive, if understand the message is con
sidered entirely independent not only of the opinion
Congress, but Of the Judiciary constitutional ques-
tions He is at liberty therefore, determine for him
self what is what is constitutional The Supreme
Court had declared the charter Of the existing bank
Unconstitutional: the President determines that 1t is not
and because the reason for not sign
ing the bill for its renewal II the execution of the law
for Incorporating the existing bank had been dependan
upon the action Of the President it not clear that he
would not have put end to 1t before now thinking
he does think Of under the tremendous authority which
is claimed for the Executive Of deciding constitutional
questions independently Of the Judiciary There might
be doubt of his opinion Of his authority going
to this extent if it not that he has refused to exc
cute other acts Of Congress- and treaties rim th
Cherokee case the ground that they repugnan
to the Constitution" - \
"Ths Message Of the President-or, rather, of tn,
Presidents advisers for it would be absurd to attribute
10 him more than the leading features Of it-abound
with political themes absurd than its banking
bunders One Of these s that Is unconstitutional 70