imder  exactly  similar  circumstances,  the  federal
court  had  determined  that  one  of  them  (Duane)
^aa  not  a  dtixen ;  the  House  of  Bepresenta-
tivea,  nevertheless,  determined  that  tne  other
(&nith,  of  South  Carolina)  was  a  citizen,  and
admitted  him  to  a  seat  in  their  body.    Duane
was  a  republican,  and  Smith  a  federalist,  and
these  decisions  were  during  the  federal  ascend-
^J.    These  are  examples  of    mv  position,
u^t  each  of  the  three  departments  has  equally
the  right  to  decide  for  itself  what  is  its  duty
^er  the  constitution,  without  any  regard  to
vhat  the  others  may  have  decided  for  them-
^Ives  under  a  ^milar  question."


Without  entering  at  this  time,  sir,  into  any
discussion  of  those  important  principles,  I  will
only  say,  that  if  the  present  Chief  Magistrate
has  sinned  against  the  constitution  by  any  doc-
trines which  he  has  advanced,  or  is  supposed
to  entertain  on  this  Eubject,  he  has  sinned  in
company  with  the  great  apostle  of  American
liberty  and  of  the  rights  of  man.
