Caleb Cushing Quotes
I maintain that the House is bound by the Constitution to receive the petitions; after which, it will take such method of deciding upon them as reason and principle shall dictate.
Cushing, Caleb. Speech of Mr. Cushing, of Massachusetts, on the Right of Petition, as Connected with Petitions for the Abolition of Slavery and the Slave Trade in the District of Columbia: In the House of Representatives, January 25, 1836. Gales and Seaton, 1836, p. 12.
Powell was the Secretary of State and Addington kept advising the administration that as long as the President was acting in defense of the country in his capacity as Commander in Chief, he did not have to obey any existing laws that had been Constitutionally passed which in the opinion of the President restricted or limited the President or the executive branch. Addington was an attorney and Assistant to the Vice President, but he was given much responsibility for administration policy. Powell the Secretary of State of the Administration could not have disagreed more and although most politicians including Republicans disagreed with the Addington thesis, Powell was one of the few Republicans to criticize the Addington position.
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
Marshall is famous for, as Chief Justice, establishing the principle that the Judiciary can override Congress and the Executive in determining Constitutionality. However, as this quotation illustrates this principle had been discussed in open debate on the ratification of the Constitution. It was not simply a grab for power by a Chief justice; he uttered this quotation long before he ever suspected he would be a judge but actually spent much of his career in the executive and legislative branch of government.
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
In reference to the Supreme Court "packing" legislation proposed by President Roosevelt, Prof. Cushman wrote:
Caleb Cushing was an American Democratic politician and diplomat who served as a Congressman from Massachusetts and Attorney General under President Franklin Pierce. He was an eager proponent of territorial and commercial expansion, especially regarding the acquisition of Texas, Oregon and Cuba. He believed that enlarging the American sphere would fulfill "the great destiny reserved for this exemplar American Republic." Cushing secured the first American treaty with China, the Treaty of Wangxia of 1844; it gave American merchants trading rights in five Chinese ports. After the Civil War, Cushing negotiated a treaty with Colombia to give the United States a right-of-way for a trans-oceanic Canal. He helped obtain a favorable settlement of the Alabama Claims, and as the ambassador to Spain in 1870s defused the troublesome Virginius Affair.
