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
"According to the doctrines put forth by the President, although
Congress may have passed a law, and although the Supreme Court may have
pronounced it constitutional, yet it is, nevertheless, no law at all, if
he in his good pleasure, sees fit to deny its effect; in other words, to
repeal and annul it. Sir, no President, and no public man, ever before
advanced such doctrines in the face of the nation. There never was
before a moment in which any President would have been tolerated in
asserting such claim to despotic power.... If these opinions of the
President be maintained, there is an end of all law and all judicial
authority. Statutes are but recommendations, judgments no more than
opinions. Both are equally destitute of binding force. Such a universal
power as is now claimed for him--a power of judging over the laws and
over the decisions of the tribunal--is nothing else than pure despotism.
If conceded to him, it makes him at once what Louis the Fourteenth
proclaimed himself to be when he said 'I am the State.'"
Now where was his warrant for these scandalous denunciations? Was it to
be found in the words "every officer," etc. to which I have referred? If
so, common fairness required that he should have set them forth so that
the readers of his speech might judge for themselves what the President
intended by them. This he was too sagacious to do, for if he named them
he was bound to give the whole paragraph. If he omitted this the
President's friends would have pointed out the deception. If he gave the
whole his readers would have seen that General Jackson could not have
used the words in the sense attributed to them by Mr. Webster. In this
dilemma he contented himself with substituting bold and reckless
assumption for proof. Mr. Clay was less cautious, as it was his nature
to be; he extracted the obnoxious words without the context, and
founded upon them charges like these,--charges by which none who read
his speech would have been misled if he had quoted the message
fairly:--"There are some parts of his message that ought to excite deep
alarm, and that especially in which the President announces that each
public officer may interpret the Constitution as he pleases. His
language is 'each public officer, who takes an oath 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.' Now,
Mr. President, I conceive, with great deference, that the President has
mistaken the purport of the oath to support the Constitution of the
United States. No one swears to support it as he understands it, but to
support it simply as it is in truth. All men are bound to obey the laws,
of which the Constitution is the supreme; but must they obey them as
they are, or as they understand them? If the obligation of obedience is
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