Inquiry Into the Origin and Course of Political Parties in the United StatesVan Buren, Martin
History
Inquiry Into the Origin and Course of Political Parties in the United States
Van Buren, Martin
Political parties -- United States
But on this point I cannot refrain from insisting that no man
who can divest himself of prejudice to only a reasonable extent can
review these proceedings without being satisfied that the objection I
have made to the course of the Chief Justice in this regard is well
founded. No such omission was ever chargeable to him at a more advanced
period in his judicial career; whatever exception may have been taken to
the course of his decisions no one ever had reason to complain of a want
of courtesy toward any branch of the government or toward individuals.
CHAPTER VII.
Renewed Attempt of the Federalists to give the Judiciary a
controlling power over the other Departments on the occasion of the
Bank Veto by President Jackson--Importance of the Principle of a
clear Division of Powers between the several Departments, and the
Independence of each--Assertion of the Principle by Jackson in his
Veto Message--Unguarded expression therein--Substantial Endorsement
by Webster of Jackson's Doctrine as to the Independence of the
Executive--Character of the Contest waged against Jackson on behalf
of the Bank--Violent and disingenuous course of Webster and Clay in
the Debate--The true Doctrine declared by Senator White--Its great
Importance--Merits of the Question discussed--The Judgment of the
People the ultimate Test--Instances of the effectual exercise of
that Judgment--Distrust of the Federalist Leaders as to the
Capacity of the People.
The most imposing, and I may add the most important occasion,
unconnected with judicial proceedings, on which the successors of the
old Federal party, encouraged by the success of the Supreme Court in
modern times, sought to avail themselves of the principle of the
controlling power of the judiciary over the other departments of the
Government in regard to questions of constitutional power, for which it
had early and long contended, was that of the veto of President Jackson
against the passage of the bill for the incorporation of the Bank of the
United States.
In addition to the great and permanent importance it is to the
Government and the country to keep down this heresy, we have in this
case a scarcely less potent inducement for giving the matter a very
thorough consideration, founded in a desire to do justice to the conduct
and character of that great and good man.
Public-domain text, read in full here on John Shaqi.
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