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
We are not without experience upon this point. Our history bears
indelible record of the abuse of power in that form during the
administration of the elder Adams. The unconstitutionality of the
Sedition Law will now be scarcely controverted by any ingenuous mind.
The Supreme Court, nevertheless, decided it to be constitutional, tried
citizens for having violated its provisions, and caused fines and
imprisonment to be inflicted upon them. When a majority of the Senate of
the United States, friends of the bank, placed upon its journal an
unconstitutional act of condemnation against President Jackson, for the
steps he had taken to relieve the country from that institution, the
same body, after its political complexion had been sufficiently changed
through the influence of an offended public sentiment, not only reversed
the sentence but expunged it from the record. This it had a right to do,
because both acts were committed by the same branch of the same
department. But the executive and legislative departments had no such
power over the unconstitutional sentences that were pronounced under the
Sedition Law, because they had no right to interfere with the acts of a
coördinate department. The President had an express right to pardon such
offenses, and the national legislature had a constitutional right to
return the money collected from those who committed them, and they did
so. But the judgments of the court remained, and will forever remain,
unreversed. In England, judicial convictions, attainders, judgments of
forfeitures of franchises, etc., may be reversed by act of Parliament,
but no such interference by one department of the government with the
authorized proceedings of a coördinate department are permitted by our
Constitution, simply because the great departments of our Government are
by the Constitution made coördinate and independent of each other. Can
any reflecting mind, in view of these facts, doubt the sufficiency of
the protection which that instrument provides for the personal rights of
the citizen and for private interests of every description, or for a
moment apprehend the disorganization of society described by Mr. Webster
as a consequence of carrying into effect the principles avowed by
President Jackson?
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