The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1860-06-27
VOL. 6, NO. lO.-WHOLE NO. 27O.

and supreme one slone We already
See the power installed for life, responsible to NO
authority, (for impeachment is not even scare
crow,) advancing with noseless and steady
pace TO the great object Of consolidation. The
foundations already deeply laid, BY their de-
cisons for the annihilation Of constitutional State
rights, and the removal of every check, every
counterpoise, to the engu6ng power, of which
themselves are to make sovereign part.
That there should be public functionaries inde.
pendent OF the nation, whatever may be their
demerit, is solecism in Republic, of the first
order OF absurdtty and inconsistency"
Equally impressive and eloquent was
John Randolph. who said /;
" But, sir, if you pass the law, the Judges are
TO put their veto upon ii by declaring it uncon-
stituiional. Here is new power, OF d danger
Gus and uncomfortable nature contended for.
The decision of a constitutional question must
rest somewhere. Shall i, be confded TO men i'm.
medlately responsible TO the people, or to those
who are irresponsible: for the responsibility by
Impeachment is little less than name. From
whom is corrupt decision most 10 be feared.
To me il appears that the power which has the
right OF passing, without appeal on the validity
OF your 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 20 their talents is
not Congress as capable of forming "a correct
otiaiion as they are. Are not its members act
ing under a responsibility 10 public opinion
which can and and will check their alterations
from duty:"
Nathaniel Macon, of North Carolina,
said
According TO some gentlemen We were TO re.
gard the Judiciary more than the law, and both
more than the constitution. II was misfortune
the judges were not equal in infaibiity to the
God who made them. The truth was, il the
Judge was party man out of power, he would
be party man in. The office would not change
human nature"
Now, Mr.. President, let me quote from
General jackson, in his veto of the bank
bill:
"If the opinion of the Supreme Court cover.
ed the whole ground OF this act, il ought not to
control the coordinate authorities Of this Gov.
! ernment. The Congress, the Executive, and the
Court, must each for itself, be guided by its own
opinion of the constitution. Each public officer
who takes an oath to support the constitution,
swears that he will support it as he understands
i
as much the duty OF the House of Representa-
tives, of the Senate, and OF the President, to
decide upon the constitutionality OF any bill or
| resolution which may be presented to them for
passage or approval, as it 10 of the Supreme
Judges, when it may be brought before them for
Judicial decision. The opinion Of the Judges
| has no more authority orer Congress than the
opinion of COngress Over the Judges: and, on
that point, the President is independent OF both.
The authority 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"
| General jackson was aware that he hac
taken strong position in that case and he
closes, most so!emnly, with an appeal to
his Creator. He says:
| 81 have now done my duty to my country.
| II sustained by my fellow citizens, / shall be
grateful and happy; if not, shall find, in the
motives which impel me, ample grounds for con.
tentment and peace"
1 do not expect to make my case any
stronger; but there is an " old public func-
tionary." who now occupies the White
House, whose opinions were once entitled
to some respect. l wish to contrast them,
to show the degeneracy of the times, and
especially of the Democratic party.
In speech in the United States Sen.
ate, July 7, l54l, on the bank question.
Mr.. Buchanan said:
"Now, if it were not supplementary language,
and if did not desire to treat all INV friends on
this (Whig) side of the House with the respect
which feel for them, would say that the ques.
ton having been settled SO as TO bind the con.
sciences of members Of Congress when voting
on the present bill, is ridiculous and absurd. II
all the judges and all the lawyers in Christendom
had decided in the atfirrna i've, when the 4ues-
ton is brought home to one as u Legislator,
bound to vote for or against new charter, upon
oath to support the constitution, must exercise
my own Judgment. ! would treat with profound
respect the arguments and opinions Of judges and
constitutional lawyers; but if, after all, they fail
to convince me that the law was constitutional, l
should be guilty Of perjury before high Heaven
if voted in its favor.
"But even if the judiciary had settled the
question, should never feel myself bound by
their decision, while acting in a Legislative char.
acter. Unlike the Senator from Massachusetts,
Mr. Bates, shall aecer consent TO place the
liberties Of TIE people im the henis Of any judi.
ciai tribunal"
In the Berks county letter, written in
1S47, be said:
Having urged the adoption of the Missouri
compromise, the inference is Irresistible that
Congress- in my opinion, possesses the power &c
legislate upon the subject Of slavery in the Ter
ritories."
In his message to Congress, AZ President
of the United States he said
slavery existed al that period, Qs5i,) anC
still exists, in Kansas, under the Constitution o
the United States. This point has at last beer
firmly decided By the highest tribunal known Il
our laws How i. could ever have been doubted
is mystery"
And in his letter to Professor Silliman
he reiterated the above, and added:
"Slavery exists in Kansas BY virtue of th
. Constitution of the United States. Kansas is
therefore as much a Slave State as Georgia o
I South Carolina"
In his last message the President said
"The right has been established Of every cit
izen to take his property of every kind, ineiudn
siares, into the common Territories belonging
equally to all the States of the Contederacy, an
to have il protected there under the Feders
L Constitution Neither Congress nor a Territoris
Legislature nor any human porer has any au
: thority to annul or impair this vested right"
= Mr.. President, | have said enough :
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