Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-03-11

iauVe court would be as deroid of constitution
al sanction as ever. In taking the course we
nave done, we utterly disclaim the influence of
.he love OF Office upon our conduct, and solemn
ly delare that if we believed that our o,y, nor
sonar interest alone involved i'm the contest
'he course would not have been pursued nor.
would You have been troubled with this address
we oeleve we could occupy private station
IN common with our fellow citizens, In as great
abundance, and with more comfort than we have
enjoyed since we have been in our present sta
uons TX Is the interest of the community which
prompts our course; and although an address
from Judges announcing the unconsttutonatity
OF law except IN the form of judicial sentence
may hol oe usual, ct the course is extraordinary
ard Justhes the measure. The act i'm ouestior
is not Que winch regulates individual rights
such as judges meet in deciding individual
cases. Ii is fearful blow aimed at f,,pdamen-
tai principle of our governmental sweeps off
department necessary to freedom, and endan-
gers not only the civil, but the political rights
OF the whole state. Under such circumstances
wcwouid befaithless sentinels, if we were silent
we shall IN the conclusion of our redress avail
ourselves of the parting admonitons of our ia
ther w ashington, who with spirit almost pro-
phctc, anticipated such scenes as Kentucky
own presents He, it appears, knew something
OF chechs, though they are forgotten bv modern
politicians, and be could and did foresee the evils
which result from encroachments by one de-
par'inent oil government on another; when in
hIs valedictorv address, he soemnly cautions us
IN the following language, which supports our
argument, and directs our course-Sec q
Marsh. Wash. 698.
ut is important that the habits of thinking
should INSPIRE caution I'm those ntrusted with its
administration to confinc themselves within their
respective Constitutional spheres, avoiding in
the exercise OF the powers of one department.
To encroach upon another. The spirit of en-
croachment tends to consolidate the powers of
all the departments in one, and thus to create a
despofism. A just estimate of that love of now
er and proneDess tc abuse it, which predominate
In the human heart is sufficient to satisfy us of
the truth of this position. THE NEG ESSITY
OF REClPROCALCH CHECKS in the exercise
oil political power, BY DIVIDING AND DIS
TRlBUTlNG IT, into different repositories
and constituting each the guardian of the public
veal has been eoinced by experiments ancient and
modeJn; some of them in our country, and I'M
der our own eyes. To preserve them must be
as necessary as to institute them. If in the
opinion of the people, the distribution or modi-
hcaiion of the constitutional powers be in any
particular wrong, let it be corrected by an
amendment in the way which the constitution
desiguates. But let there be no change by
occupation; for though this in one instance NAV
be the instrument of good, it is the customary
weapon by which free gov ernments are DESTROY
ed The precedent must always greatly over
balance, in permanent evil, any partial or iran
silent benefit, which the can at any time
yield"