The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1860-06-28

dination of general and special gov.
ernment, to general and supreme one
alone.n X 1--WE OIL
ready see the power, installed for life,
responsible to no authority, (for impeach-
ment is not even scare-crow, advance
ing with noiseless and steady pace to
the great object of consolidation. The
foundations are already deeply laid, by
their decisions, for the annihilation of
constitu tional State right, and the re-
moyal of every check, every counter
poise, to the engulfng power, of which
themselves are to make sovereign
part" "That there
should be public funtionaries indepen-
dent OF the nation, whatever may be-
their demerits,is a solecism, in Repub-
lie, of the first order of absurdity and
inconsistency ssofi
Equally impressive and eloquent was
John Randolph, who said: di L,ifv
ssBut, sir, if you pass the law, the
Judges are to put their veto upon it by
declaring it unconstitutional. Here is
new power, of dangerous and uncon-
trollable nature, contended for. The
decision of constitutional question
must rest somewhere. Shall it be con-
fided to men Immediately responsible
to the people, or to those who are ire
sponsible ?-for the responsibility by
impeachment is little less than a name.
From whom is corrupt decision most
to be feared? To me it appears that
the power which has the right of pass.
ing, without appeal, on the validity of
our laws, is your sovereign" = "But
sir, are we not as deeply interested in
the true exposition of the Constitution
as the Judges can be? With all due
Difference to their talents, is not Con-
gress as capable of forming a correct
opinion as they are? Are not its MEM
bers acting under responsibility to
public opinion, which can and will
check their alterations from duty ?n
Now, Mr.. President, let me quote
from Gen. Jackson, in bis veto of the
Bank Bill: rs
If the opinion of the Supreme
Court covered the whole ground of this
act, it ought not to control the co-ordi-
nate authorities Of this Government.
The Congress, the Executive, and the
Court, must each for itself be
guided by its own opinion of the Con- I
stitution. Each public officer who
takes an oath to support the Constitu-
tion, swears that he will support it as
he understands it, and not as it is un-
derstood by others. 1t is as much the
duty of the House of Representatives,
of the Senate, and of the President, to
decide upon the nstitutioDality of any
bill Or resolution which may be presen-
ted to them for passage or approval, ,as it
is of the Supreme Judges, when it may
be brought before them for judicial de-
cision. The opinion of the Judges has
no more authority over Congress, than
the opinion of Congress over the Judg-
es; and, on that point, the President
is independent of both. The auihori-
ty of the Supreme Court must not,
therefore, be permitted to control the
Congress or the Executive when acting
in their legislative capacities, but to
have only such influence as the force
of their reasoning may deserve" na
Gen. Jackson was aware that he had
taken strong position in that case /;
and he closes. most solemnly, with an
appeal to his Creator. He says:
81 have now done my duty TO my
country. If sustained by my fellow
citizens, l shall be grateful and happy;
if not, shall find, in the motive which
impels me, ample grounds for content
ment and peace" s1l.aIf .EsiiiHl
do not expect to make my case any
stronger, but there is an sold public
fnnctionary' who now occupies the
White House whose opinions were
once entitled to some respect. / wish
to contrast them to show the degene-
racy of the times, and especially Of the
Democratic party.