It uses that power strongly against all other branches of the
government, and it uses it strongly, too, for any struggle which it may
be called on to make with the public opinion of the country. Mr.
President, I will quit this topic. There is much in it, in my judgment,
affecting, not only the purity and independence of the press, but also
the character and honor, the peace and security, of the government. I
leave it, in all its bearings, to the consideration of the people.
[Footnote 1: Hon. Nathaniel Silsbee, President of the Convention, was
Mr. Webster's colleague in the Senate at the time referred to.]
EXECUTIVE USURPATION.
FROM THE SAME SPEECH AT WORCESTER.
Mr. President, the executive has not only used these unaccustomed means
to prevent the passage of laws, but it has also refused to enforce the
execution of laws actually passed. An eminent instance of this is found
in the course adopted relative to the Indian intercourse law of 1802.
Upon being applied to, in behalf of the MISSIONARIES, to execute that
law, for their relief and protection, the President replied, that _the
State of Georgia having extended her laws over the Indian territory, the
laws of Congress had thereby been superseded_. This is the substance of
his answer, as communicated through the Secretary of War. He holds,
then, that the law of the State is paramount to the law of Congress. The
Supreme Court has adjudged this act of Georgia to be void, as being
repugnant to a constitutional law of the United States. But the
President pays no more regard to this decision than to the act of
Congress itself. The missionaries remain in prison, held there by a
condemnation under a law of a State which the supreme judicial tribunal
has pronounced to be null and void. The Supreme Court have decided that
the act of Congress is constitutional; that it is a binding statute;
that it has the same force as other laws, and is as much entitled to be
obeyed and executed as other laws. The President, on the contrary,
declares that the law of Congress has been superseded by the law of the
State, and therefore he will not carry its provisions into effect. Now
we know, Sir, that the Constitution of the United States declares, that
that Constitution, and all acts of Congress passed in pursuance of it,
shall be the supreme law of the land, any thing in any State law to the
contrary notwithstanding. This would seem to be a plain case, then, in
which the law s
|