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Updated: June 2, 2025
Eaton, who had aided in the original concoction of that foul slander, was appointed Secretary of War. Branch, who received the appointment of Secretary of the Navy, was one of the few Senators who had voted and spoken against the confirmation of Henry Clay to the office of Secretary of State in 1825; and Berrien, Attorney-General, was another.
The legislature showed its resentment by a set of resolutions, of which the parts material in this connection read thus: Whereas, John McPherson Berrien, Robert Walker, Young Gresham and Stephen W. Harris, judges of the Superior Court, did, on the 13th day of January, 1815, assemble themselves together in the city of Augusta, pretending to be in legal convention, and assuming to themselves ... the power to determine on the constitutionality of laws passed by the general assembly, and did declare certain acts of the legislature to be unconstitutional and void; and ... the extraordinary power of determining upon the constitutionality of acts of the state legislature, if yielded by the general assembly whilst it is not given by the constitution or laws of the state, would be an abandonment of the dearest rights and liberties of the people, which we, their representatives, are bound to guard and protect inviolate;
Berrien, Badger, and other respectable and distinguished men of the South, voted against the acquisition, and the treaty which secured it; and if the men of the North had voted the same way, we should have been spared all the difficulties that have grown out of it. We should have had peace without the territories.
"All, Sire," said M. de Gontaut, "it is too strong to be shaken by a set of petty justices." "You don't know what they do, nor what they think. They are an assembly of republicans; however, here is enough of the subject. Things will last as they are as long as I shall. Talk about this on Sunday, Madame, with M. Berrien." Madame d'Amblimont and Madame d'Esparbes came in.
Van Buren was premier, or Secretary of State, with John H. Eaton, a very ordinary man, Secretary of War; Branch, Secretary of the Navy, and Ingham, Secretary of the Treasury; with John M. Berrien, Attorney-General. Eaton was from Tennessee, and was an especial favorite of General Jackson.
Crawford, Cobb, Dooly, Jackson, Troup, Forsyth, Campbell, Lumpkin, Dawson, Walker, Colquitt, Berrien, Daugherty, and many others who have done the State some service and much honor, are distinguished in their graves only by the green sod which covers them.
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