denied, that they have rendered service in the election
of the very individual who makes this removal and makes
this appointment. Every man, Sir, must see that
this is a vital stab at the purity of the press.
It not only assails its independence, by addressing
sinister motives to it, but it furnishes from the public
treasury the means of exciting these motives.
It extends the executive power over the press in a
most daring manner. It operates to give a direction
to opinion, not favorable to the government, in the
aggregate; not favorable to the Constitution and laws;
not favorable to the legislature; but favorable to
the executive alone. The consequence often is,
just what might be looked for, that the portion of
the press thus made fast to the executive interest
denounces Congress, denounces the judiciary, complains
of the laws, and quarrels with the Constitution.
This exercise of the right of appointment to this end
is an augmentation, and a vast one, of the executive
power, singly and alone. 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thereby been superseded.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