MAY 9, 1832.] Case of Samuel Houston. [H. OF R. three; legislative, executive, and judiciary. These, to be rizing an armed opposition to the process of the federal juseparate and co-ordinate, must be independent of each diciary. Before the occasion happened, on which this other; each must operate as a check on the others; to law was to operate, Simon Snyder became Governor. effect which salutary end, each must be sustained by the During his administration, a law passed, requiring him to others. Thus the judiciary, in Madison's time, was sus- correspond with the President of the United States, to tained by the Executive of the Union, against an organized, procure some arrangement by which the execution of the legalized, and armed opposition to its authority in Pennsyl- sentence of the Supreme Court could be prevented, until vania. Even in the time of Washington, it was sustained the constitution could be so amended as to establish some in the same State against an armed factious opposition. separate, independent, and impartial tribunal, to decide The case to which I allude, of a legalized armed oppo- controverted questions of power and jurisdiction between sition to the judicial authority in Pennsylvania during Mr. the Federal and State Governments. That State then proMadison's administration, deserves a more particular no- posed to the States an amendment to the federal constitutice, as the exact parallel to that opposition now exists in tion, for the establishment of such a tribunal. Governor the South. The case was this: A controversy arose in the Snyder, in pursuance of the State law, wrote to President admiralty court of Pennsylvania, during the revolutionary Madison for his concurrence in some measure to delay the war, between the commander of a Pennsylvania Govern- execution of the process. ment brig and one Olmstead, owner of a Connecticut I am now, sir, speaking of transactions which may be privateer, in which each claimed a certain captured ves- new and appear strange to some; but I am speaking so sel. Judge Ross, the Pennsylvania admiralty judge, de- near the public archives of the nation, where the eviden termined in favor of Josiah, the commander of the Penn- ces of what I say must be preserved, that any one doubtsylvania brig, and his crew. Olmstead appealed to the ing, or prompted by curiosity, may examine for himself; continental court of appeals in admiralty cases, which or, by calling at my room, may see official copies of those was no other than a committee of seven members of the proceedings, certified from the Department of State of continental Congress. That court reversed the decree of Pennsylvania. Governor Snyder, in addressing the Prethe State court, and ordered the captured vessel to be sident, did not fail to remind him of the party topics of the sold for the benefit of Olmstead and crew; but, in consi- day, nor of the difference between a forcible resistance deration of the state of the country, refused to grant pro- to the constitution and laws of the United States, and a cess to enforce their reversing decree. All the court sentence of a judge, founded on a usurped authority. concurred, except the honorable Thomas McKean, the This slang did not then suit the Presidential ear. president of the court, who was among the first jurists of answer of President Madison is, perhaps, (and that is saythe age, and who afterwards became chief justice, and ing much,) the most laconic and decisive we have seen finally Governor of Pennsylvania. The admiralty judge, from his pen. He informed the Governor, that, so far whose decree had thus been reversed, nevertheless pro- from being at liberty to concert any measures to prevent ceeded to execute it; selling the prize, and distributing the execution of a sentence of the Supreme Court of the their shares of the prize money to Josiah and crew, and United States, it was made his duty, where opposition was paying to the celebrated David Rittenhouse, treasurer of made, to cause the same to be executed, and, for that purPennsylvania, the proportion to which that State was en- pose, to employ the necessary force. He added, that as titled by its laws. The sum so paid was vested in public no discretion remained with the federal Executive to withsecurities, and after his death came to the possession of hold the measures which might lead to a painful issue, it his daughters, who were his executrixes. The subject of this suit was brought, in a civil action, before the supreme court of errors and appeals of Pennsylvania, under the former judicial system of that State. Here again Mr. McKean presided as chief justice. This court concurred with the continental court of appeals, and, like them, were unanimous, with the exception of the president. The gave him great pleasure to perceive that the act communicated to him by Governor Snyder gave the latter gentleman power to compromise and settle the affair with Olmstead, which he did. The President's allusion was to the judicial act of 1789; of which we, in Visginia, have understood Mr. Madison to be the penman. If this is an historical error, I would like to be informed; if it is not, the foreseeing the necessity of making such a provision at that time is but another proof of the great sagacity of the late President Madison. (See note 3.) Soon after the adoption of the present federal constitution, it was decided that the present district courts of the United States were the proper tribunals for carrying into effect the unexecuted sentences and decrees of the The Governor had stationed a military force, under the late continental court of appeals. Olmstead, hereupon, command of General Bright, or Hambright, round the filed his bill before Peters, district judge in Pennsylvania, house in which the daughters of Rittenhouse resided, to who rendered a decree, but declined enforcing it until prevent the marshal of the United States from entering the case was brought before the Supreme Court, and and serving his process. Alexander J. Dallas was district there finally decided in favor of Olmstead, against the attorney, and at this time publicly announced in court, in daughters of Rittenhouse. Meanwhile, Mr. McKean be- Philadelphia, the determination of the President of the came Governor, and, on a message from him, the Assembly United States to cause the sentence in Olmstead's case to of Pennsylvania passed a law, authorizing the Executive be executed. This fact ran through the city like fire beof that State to call out a sufficient armed force to resist fore the wind in dry stubble. The marshal summoned a the marshal in the execution of any process from the fede- posse of two thousand men, most of whom were attached ral courts to enforce the decision of the Supreme Court. to the Governor's political party, but all of whom declarThe ground taken by Chief Justice McKean was, that Penn-ed their readiness to aid the marshal; and, thereupon, the sylvania was a party, deriving a right to the money in the hands of the treasurer, by the judgment of her own court, which the courts of the United States had no jurisdiction to review or reverse. general's troops, one after another, deserted, and the militia refused to obey him. The marshal entered, and the process was executed. Thus, though the Government rebelled according to law, the loyalty of the people of that Here, then, was a case, in which a State claimed to be great State put the rebellion down. It was supposed that a party; claimed the subject under the judgment of her the same mail from Washington that conveyed the Presiown court; viewed the jurisdiction of her court as final dent's answer to Governor Snyder, brought also an inand conclusive; and contended that the federal courts ex-struction to the district attorney to make public the Preercised but a usurped authority-a case in which the Ex-sident's determination; but I do not know whether the ecutive of the State had recommended the passage of a fact was so or not. I was present, and beheld the joy unilaw, and had approved and signed it when passed, autho-| versally diffused at the suppression of that rebellion. H. or R.] Case of Samuel Houston. [MAY 9, 1832. At all times the judiciary has had its enemies. There them as we who are here, and know their origin and their have always been those who are opposed to the tenure of merits. A new mode of accomplishing this desirable purjudicial office--those who will not consent to have the pose of prostrating the Senate has been invented, of far constitutionality of a legislative act, or the legality of an more extensive influence. Public meetings are got up in Executive measure, submitted to judicial determination. every city, town, and hamlet--in every village and counAt all times, therefore, there have been those who were ty place where the necessary materials are found. These impatient under the operation of the judicial check esta-meetings pass resolutions on the subject of Mr. Van Bublished by the constitution, and some of whom have labor-ren's nomination to England, and the rejection of that noed to bring it into contempt and disrepute among the peo- mination by the Senate. It cannot be affirmed of the ple, and to destroy their confidence in its decisions, by proceedings of these meetings, and of their resolutions, disparaging its usefulness, patriotism, and purity. Many that they are all couched in the same language, but the attempts have been made to beat down that great bulwark substance of all is the same--so much so, as to prove them of liberty--this sheet-anchor of every free State. One of to be the common coinage of the same mint--manufacturthese came from one in the highest place, and was made in ed in this city, for universal consumption. These resoluseveral of the State Assemblies. All these attacks, with the tions declare that Mr. Van Buren performed all the duties complete defeat of each, are matters of history. The con- of Secretary of State in a manner honorable to himself fidence of the people in their judges remains unshaken, and useful to the country--that his mission to England was and, I believe, was never more general than at the pre- necessary for the public service. His rejection by the sent moment. But we must shut our eyes to the light Senate is denounced as a corrupt, factious act, dishonorathat shines around us; we must cease to read what is pass ble to that body collectively, and individually disgraceful ing abroad, and even to hear some things uttered within to the members who concurred in it. These resolutions our walls, if we do not perceive a great effort is now mak- are adopted, it is said, in some places, by large collections ing to lessen, if not to nullify, this judicial check of the of people, and by hundreds and thousands of those who constitution. In this effort the public press is deeply en- cannot possibly know a syllable about the truth or untruth gaged. The judgments of the Supreme Court, when of what they so resolve. The foreign treaty relations of supposed not to agree with the opinions of the Executive, a country are never known to the great body of the peoare represented as attacks on the President; if displeas-ple, while the actual relations of peace and war are known ing to a State, as attacks on that State. The tribunal is to all. Negotiations unfinished are generally secrets to itself denounced as factious; its members as tyrants, aiming all but the Executive, and ought to be so. It is not posto usurp supreme power, and an unconstitutional control sible that, however well informed the great mass of our over the other departments of Government--one of which population may be, they should know enough of those inholds the purse, and the other the sword of the nation. tricate stipulations by which our commercial and other foI have already said that, in times past, the judiciary has reign relations are regulated, to decide on the merits or been sustained by the Executive, when called on for aid. demerits of Mr. Van Buren, or any body else, as to unfinThis is history. But whether it will now be so sustained, ished and undisclosed negotiations. Yet these resolutions remains to be seen; and soon that, too, will become history are obtained by political partisans, and used for the purAs an executive council, the Senate is the only consti-pose of putting down the Senate. tutional check on the President. If this check were re- Thus we see that there exists a powerful, organized, moved, the President, in making treaties, and in the exer- active, and tireless party in this country, who are now cise of the high power of appointment, would be precisely lending their united efforts to the prostration of the judias absolute as the Emperor of all the Russias. Should he, ciary and of the Senate. Many individuals engaged in by treaty, transfer part, or the whole, of one of these these desperate enterprises against public liberty feel conStates to a foreign Power, and should the balance of our fident of entire success. Against one department of Go constitution remain, such a treaty of dismemberment would vernment they believe they have already succeeded; and be the supreme law of the land; the judiciary would be as to the other, they feel so confident of victory as to antibound so to expound it, and, doubtless, in doing so, would cipate already the fruits of it. When this party shall have be sustained by the same Executive who would negotiate succeeded against the judiciary, and shall have humbled such a treaty. The Senate is the only check to an unre- the Senate, what more will be necessary in order to the strained Executive power. Remove this, and our Presi- complete establishment of arbitrary power? Nothing dents are monarchs in fact, and might as well be so in more but to subdue the independence of the people at And can we blink the fact, that a most powerful, large, which can only be done by destroying the freedom untiring, and widely extended effort is now making to of debate, and of proceedings here! And have we lived break down the Senate? The attack on the Senate is sus-to behold the beginning of this last, desperate enterprise? tained by the presses friendly to the Executive, all over If so, truly we may exclaim, with Senator Giles, "That in the Union. From that which is called its organ, in this all time, (our own not excepted,) a large proportion of city, the Senate is denounced, like the Supreme Court, the public mind inclines to monarchy, not in name, inas a factious body. Its members are accused of combina-deed, but to arbitrary power--power unchecked, unretions, of corruption, of political intrigue, and abused in strained, in the hands of one man;" and we must agree all the terms of reproach known to our language. Let- with him, "that it is our duty, as the friends of our free ters are written from this city, to be published in distant institutions, to guard and preserve them against the asplaces, among their constituents, in order to degrade them saults of that power." name. there. These, when published at a distance, come back, I wish the House to bear in mind, that, as I have no auand are republished here, as evidences of the public sen-thority to ascribe the efforts against the constitution and timent abroad; and are used here, not merely to degrade public liberty of which I have been speaking, to the Prethe members personally, but to break down the indepen-sident, or to his past or present cabinet, so I do not so dence of the body as a legislative and executive council. charge or ascribe them. It is not a new thing in history, It is urged by those who are concerned, here and elsewhere, in the manufacture of such evidences of public sentiment, that the Senate must be shorn of its powers and of its influence. These modes of attack have been long known and used. The nation is accustomed to read letters from Washingtn, and has fallen into a habit of paying as little regard to ancient or modern, for the friends of those already clothed with high powers to offer to invest them with more— with absolute sway. Some there have been, whose patriotism compelled them to reject such offers. But, in the indulgence of an unlimited confidence in him who is at the head of this Government, there are those who would blindly break down all the safeguards, all the checks of INDEX TO THE DEBATES IN THE SENATE. Adjournment, a resolution from the House of Represen- Agents for Claims, (See Appropriation bill.) the bill for the benefit of the Alexandria Canal 1070. taken up and passed, 1074. 415. bill taken up, and an amendment offered to it, and the House of Representatives disagrees to Mr. the Senate then recedes from it, 936. Bank, the Senate resumed the consideration of the bill, resolutions of the president and directors of the a new one proposed in a memorial from Massachu- Bank veto, a message was received from the President, Barracks, a bill for erecting at New Orleans, ordered to read the third time and passed, 58. Appropriations, the general appropriation bill taken up, British colonial trade, (See West Indies and general appro- Baltimore and Ohio rail road, (See Rail-road.) leave asked to introduce a joint resolution, declara- a resolution calling on the Secretary of the Treasu- priation bill.) Claims of States, (See State claims.) Colonial trade, (See West Indies and appropriation bill.) tucky was presented, inviting the attention of cretary of the Treasury for information why Secretary of the Treasury replies to the last reso- Committees, standing, appointed, 2. a letter from Gales and Seaton stating the progress Cumberland Road. The bill providing for the continuance Day of Humiliation, a resolution to appoint a joint com- Houston Samuel, a message from the House of Represen- Department of State, (See State Department.) tatives, requesting that leave be given to four of the discriminating duties now existing on Indians, Dividends, the amount of unclaimed, of the funded debt, Durbin, Rev. Mr. of Kentucky, elected Chaplain on the Duty on Tea, a report of a committee on memorials of Indian blankets, a bill to reduce it, referred to the remission of, a bill for the relief of B. J. Flaget, Election of officers of the Senate, 6. Extension of Patents, (See Patents.) Flaget, Bishop Benedict, a bill for the relief of, introduc- ed and ordered to a third reading, 592. Foreign Intercourse, (See appropriation bill.) Mr. Frelinghuysen submitted two resolutions in vaccination of, (See Vaccination.) the bill making appropriations for the Indian De- a bill to appoint a Commissioner of Indian Affairs, a bill to reappropriate the unexpended balances of bill from the House of Representatives, making a bill granting to the State of Missouri 500,000 a resolution was offered to allow 500,000 acres of a bill granting certain public lands to the States of Fortifications, a bill for the armament of, introduced, 26; Interest on protested drafts, a resolution to authorize the discussed and indefinitely postponed, 31. Judges, France, outfit to, (See appropriation bill.) Frontier, a bill introduced authorizing the President to raise five companies of rangers for the protec- Guatemala, appropriation for a mission to, (See appropria- Gwin, Samuel, his nomination as register of a land office, Harbor bill, (See Internal Improvements.) Secretary of the Navy to allow interest in certain a resolution instructing the Judiciary Committee 679. 795. the proposed increased appropriation negatived, Johnston, honorable Charles C. one of the members of Land Patents, the Vice President laid before the Senate, Land Office, stating that there are 10,590 patents for reducing the price of lands, was taken up Mr. Clay's bill for appropriating, for a limited 785. a motion made to take up Mr. Clay's bill for the President's messages to the Senate, in relation Officers of the Senate, (See election of.) Patents, extension of, a bill authorizing letters patent to Patents, land, (See Land.) Peters, Richard, (Reporter,) offered a proposition for Pleasanton, Stephen, a bill for his relief, (Fifth Auditor Portuguese vessels, a bill to exempt Portuguese vessels the bill to provide for the appointment of a Re- Post Lewis, John, Jr., a bill for his relief, to refund the amount List of the Senators, 2. Office and Post Roads, a bill from the House of Re- a bill introduced to repeal the postage on newspa- President's fac simile, (See Lands.) Lowrie's, Mr. (Clerk of the Senate,) refutation of a cer- Protection of the frontier, (See Frontier.) Militia, resolution instructing the Committee on, to inquire 1155. Northeastern boundary, resolution calling on the Presi dent to know whether further negotiation is pro- resolutions calling on the President for the ar- Rail-road, a bill authorizing a subscription on the part of a joint resolution to transfer to the Secretary of the subject again taken up, and the resolution 1120. |