The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1860-06-23

In another place Mr.. Benton says; "He
/ (Gen. J.) was opposed 10 the renewal, both
ongrounds of fconstitutionality and expedien-
cy."
Quoting from the passage in the annual
message adverse to the renewal of the
Bank charter, Mr.. B. remarks: This
passage was the grand feature of the mes
sage, rising above precedent and judicial
decisions, going back to the constitution and
the foundation of party on principle
"The Supreme Court had decided in favor
of the constituhonality of the institution;
a Democratic Congress, in chartering a sec
ond bank, had yielded the question, both of
constitutonality and expediency. Mr.. Mad
ison, in signing the bank charter in 1916,
yielded to the authorities without surrend-
ering his convictions. But the effect was
the same in behalf of the institution and
against the constitution, and against the in
tegrity of a party founded on principle
y = 2 "Generai Jackson's objections reach
ed both heads of the case-the unconstitu-
tionality of the bank, and its inexpediency.
1t was Il return to the JeffersOnian and
Hamiltonian times of the early administra-
ton of General Washington, and went to
the words of the Constitution, and not to
the Interpretation Of its administrators, Tor
It's meaning" In enumerating the various
obstacles with which the President had to
contend in his war against the renewal of
the charter, he included "large part of
the Democratic party, yielding 10 precedent
and judicial decision thus saying in effect
that the President was in rebellion against
the Supreme Court. Mr.. Benton thus further
expresses himself: g Under such circum-
stances it required a strong sense of duty
in the new President to commence his career
by riskng such contest but he believed
the institution to be unconstitutional and
dangerous, and that it ought to cease to
exist"
Again: " He was Senator in Congress dur
ing the existence of the first national bank
and was against it and on the same ground
of funconstitutionality and inexpediency.
In treating upon the veto, Mr.. Benton
says: The President objected to the con-
stitutionality of the Bank, and argued
against the force of precedents in this case
and against the applicability of the decision
of the Supreme Court in its favor .
-, therefore, believe
that the President was well warranted in
challenging both the validity of the decision
of the Supreme Court, and the obligatory
force of precedents, which he did"
He then quotes from the veto message as
follows:
alt is maintained by the advocates of the
bank that its cOnstitutionality, in all its
features, ought to be considered as settled
10y precedent, and by the decision of the
Supreme Court. To this conclusion l can
not assent. If
the opinion of the Supreme Court covered
the whole ground of this act, it ought not
to control the coordinate authorities of this
government TRecollect, he says the HopiR-
ion ofthe Supreme Court" Suppose he had
been asked to submit to the mere unauthOr-
lied individual opinions of is Judges not
called for by nor belonging to the case,
what would he have said The Congress,
the Executive, and the court must each for
itself be guided by its own opinion of the
CONSTITUTION. EdCu puDliC OliCSI w uO lhhcS
an oatn to support the constitution, swears
that he will support it as he understands it,
and not as it is understood by others.
The opinion of the judges
has no more authority over Congress than
the opinion of Congress has over the
Judges; and on that point the President
is independent Of both. The authority of
the Supreme CourL 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
We have not the space, nor is it necessary,
to multiply proofs that President jackson
was in direct hostility TO the Supreme Court
He was he appealed to that court of last
resort-the sovereign people. Many of his
timid followers deserted him on account of
his rebellion-such men as the old Wing
who now edits the Enquirer, and processes a
holy regard for the o6iter dieta of part of the
judges of the Supreme Court. But General
jackson was ttiumphantIy sustained by the
people in his re- election, aud the decision
of the Court was, in effect, reversed
The modern Democratic party now stands
commltteu IN the CINCINNATI platform against
the power of Congress to charter Nation
al Bank. The Supreme Court decision still
stands valid So far as the Court IS concerned
Thus we see that there is direct conflict
between the Democratic party and the Su-
preme Court of the United States.
And yet an organ of that party has the
brazen-taced impudence to abuse an honora-
ble judge for daring to deny the binding
force of mere extra-judicial dogma of a
portion ofthe individuals composing the Su-
preme Court, carrying with itno more au-
thority than the opinions of an equal
number Of equally respectable gentlemen