Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-02-04


We consider this not only an unconstitutional
and high handed measure, but one which If ap-
proved, will PROSTATE the whole fabric Of con
stitutiona liberty: NE 30 co. N'STDER TT
Il RETOLUTYD.E. We consider this un-
paralleled act as an attempt, by the majority of
the Legislature, to consolidate their power, and
perpetuate their supremacy, over the rights OF
the minority aud the constitutions by destroying
the independence and purity, and iinpartiaity Of
the judiciary And ii il be countenauced by Tie
people, we believe that our courts will be sui,
servient to the strong party, or party in power;
that we shall he governed by factions--that
''lberty and nality" will be empty sounds
that the ambitious and powerful will hold in
their hands the destinies of our state-that the
minority will indeed, have .'ao YightSn and will
be prescribed, as we believe ii has been re-
solved that w F. shall be, during the present adj
ministratiOn--that the freedom of speech and of
conscience, and the rights of life, liberty ami
property, will depend ON the capices of fluc-
tuatng majority Of the Iegisature--tlat our
courts will be Servile and dependent, like those
of revolutionary France, under Robespiere,
and those of England, under the Tudors or the
Stuarts--aud that the Legislature of Kentucky
will become, practically, omnipQtent as the
British Parliament.
These are not the depctions of vivid fancy
or the spectres of peurie alarm-we fear that
they NAV become sober and solemn realities II
the people sanction this act of the majority
where is security? Their appreciation of
snch an act, would Indicate a destitution of
that reverence for their constitution, which is
the soul of every constitution, and without
which no people were or ever will be free.
Ours is not the language of prophecy, all of
whose predictions are yet to be fulfilled, as
passing scenes will prove. Although we are
not initiated INTO the ''drcGnd jmpe1,ia,n our eyes
have seen and our ears have heard enough 10
enable us to understand ''the signs oftte GD,es.n
When we see new Judges appointed 10 super
! sede the old ones, some of whom are known to
have been active and clanorous in endeavours
\ to PROSTATE the court-when we see at the head
Aof these new Judges the leader of the majority,
-who has been charged with exerting his infiu-
.ence in and out of the Legislature, in caucus
land otherwise, whilst Secretary of State, TO pro-
Il cure the passage OF an act, to provide offices
for himself and irIends-when we hear, day and
\ night, of our chief magistrate ntermeddling
! with, and endeavourng, with all his means of
Il persuasion, 10 influence legislation; and when
n we are told that he has prescribed all or most of
] those who voted against him, can we, as faithful
I senincs on the peoples watch towers, tell them
I s'a{PS ,celi2n We cannot we will Motive
! would be faithless to ourselves and treacherous
( to them; we will tell the truth, md are prepared
For the consequences
We will tell them, that the new Judges are
Virtually pledged TO support the party in power
( that do believe that they are IN every essen
ltiaI attribute of an enlightened, Independent
land incorruptibIe bench, inferior TO the old
Judges; thai such a court, organized under
such circumstances, will not we fear, possess, or
even deserve Ia possess tue foil and unhesitating'
confidence of the people-that, To provide for
particular men, we believe new and unnecessary
tod.
the object, when the people are almost sinking
under embarrassment and distress, the salaries
of the new judges of the court of appeals have
been raised from four thousand five hundred
dollars to eight thousand dollars.
All this we have in our places faithfully and
honestly enAeavored to avert, but our efforts
we're unavaing. The Judges had been fully
aud consututionally tried, and acqutted-but
which shields the felons of the country could
not protect them-they are not liberated after
one trial-they cannot escape. 'tPower'' is
converted into right, the constitution is
Sndcr the feet of triumphant majority, If moi
checked by the people, may hereafter exercise
Ill power, legislative, executive, and judicial;
vhich, Mr.. Jefferson, and other patriots of the
evolution have denounced as the most intolera-
lie Dc position. Against this sort Of tyranny
cur fathers protested in the Declaration of In
dependcnC"-aglinst tins sort Of TYRANNY they
fought and bed and Conqucred--and against
IT, those of their sons vino cherish their princi-
pies, viii ever PROTEST, whist they have
tongues to speak, or pens TO write. And we Do
now declare 10 the Legislature and to the PEG
pie that if this memorable act If a MAJORITY be
submitted to- or enforced, liberty is IN danger
Justice is III danger-moraHty is in danger
tranquility Is in danger-regon is in Danger
el cry thing dear and sacred, is in danger. we
prge no living constitution, aud against bad
tiules and bad Inen there will be no SECURITY
Ttls example will Consecrate every encroach-
MI mt that power can make on the rights of the
pc Or and the hunble--the prosecuted and the
VIrtuous.
The only privilege now left the minority is,
To- complain and demonstrate. by appealing to
the people. We had tought when The fatal act
passed, that we would retire from the hall ollie
gisIation and leave the majority TO act without
obstacle or enbarrassrnent-bu on more mature
reflection, we have deemed il most prudent to
remain al our posts until the last moment OF the
session, and to close il on our part bv an united
and candid expression Of our unqualified oppo-
shiOn to a measure which if supported, we be-
iieve, strikes the constitution of our country
dead, aud consigns our most cherished rights to
the vortex of party strife and ambl'i N.
Appealing therefore, to our own consCienCes,
and to the God Of the universe, for the rcctiludc
ofour conduct aud the purity ofour motives, we
DO now, for ourselves, our constituents aud our
PUserity, IN the name of the constitution and Of
justice enter on the Journals this, orr solemn
protest, against the late honorable act of fhd
majority, as most alarming and unconstitutional
@. Robertson, Chdries ~ Tt4-sfon |
Jotn Green, C.. y. Sbcgbcyd
ElDbcTt ylfJiOy S0ty,,o1 R,o,5.