8o
THE GREEN BAG
interview would hardly be confined to Varda- ing State with the United States Army, man and his co-conspirators. While Jack remain on its soil until the convention was son did, and was capable of doing many called and had acted favorably; the result extraordinary things, it ought to be said of their action had been approved by the that he did not assume to be a law unto free and unintimidated voters, the Legis himself even in that crisis, as while he made lature had passed and the Governor had use of some vigorous rhetoric, he did not approved legislation in harmony therewith, expect to be understood as marking out an and the election officers had carried out and extra-constitutional method of procedure. continued to carry out in good faith the The first thing he did when the news of provisions thereof. This would, no doubt, Haynes' proclamation reached him was not require continuous occupation of the terri to proceed, "without waiting for penalizing tory. Meanwhile he would, no doubt, statutes," but to ask Congress for an increase suspend by proclamation the constitutional of powers adequate to the impending collision. provision which guarantees "to every State (Parton's " Life of Jackson," V. iii, p. 472.) in the Union a republican form of govern He "was resolved, and avowed his resolve, ment" and "take care that the laws be that the hour which brought the news of faithfully executed" by depriving them of the protection of all law. It is difficult to one act of violence on the part of the milli ners, should find Mr. Calhoun a prisoner of imagine how he could use the military in any State upon a charge of high treason." other way in discharging effectively what is claimed to have been demonstrated as his (Id. 474.) Clearly contemplating a pro ceeding under and not independent of the power and duty. The conclusion is so im practicable and extraordinary that it seems law. It was only in case of open rebellion that to discredit effectively the reasoning by which it is reached. It may be said, in he intended under "martial law," to pro ceed to hang Calhoun, a proceeding that did passing, that either President Roosevelt wasv not impressed by the argument, or he was not involve trampling the law under Jack recreant to his duty, as during his recent son's feet. (Buell.) Trembling with emo tion, with tears dropping on his knees, triumphal progress through the South he did Jackson swore, "by the God of Heaven, I not anywhere refer to this denial of suffrage will uphold the laws'" (Parton's, 462), not much less attempt "to stop it." Absolute discretion within the proper ruthlessly violate them. We are not directly informed how the constitutional limits is not peculiar to the President is "to stop it. " To be sure, he is Executive, but is equally applicable under "to stop it," but how? As he is to act the same conditions to the other depart independently of the law he cannot use the ments. The enlarged constitutional powers civil power, as that operates only by virtue of the President were not the supreme issue of the law. He is not to wait or be ham in the last national campaign. The Philip pered by such prosaic things as "penalizing pines, Panama, Isthmian Canal, and the statutes," and, as far as I can see, he is trusts involved legislative and not executive reduced to the "military" power. How is power; at least no stretch of executive power. this to be made available for results? The pension order, while challenged, was, in Most of the obnoxious provisions that no sense, a "supreme issue." "deny the right of suffrage" are contained The assertion in the paper that extreme in Constitutions. He might order the peo or extra-constitutional executive action ple to call a convention and amend the received an "overwhelming endorsement by Constitution, and if they refused, as they no the people" in that campaign, proceeds doubt would, he might invade eaeh offend upon an entire miscojiception of the facts.
