Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-23
VOL. XXxI..--No. %.

country, the least conversant with psrIansn,,v rro
Seeuhgs who entertained any doubt OF the rph Of anv
Tree aud deberative body, fully and freely TO discuss and
express eir opinion on all subjects relating TO the uubc
nerss' whether in reference 10 men or measures or
wnener IN appreciation disapproba,ion venture the
assertion ina, such right has never been ouestonod he
'ore ~ ms country eherh or in the State Legislatures
or IN Great Britain for the last century by any party Wbi
o. Dry Tor my establishment diminished by the dsnc
"o" wieh mas been attempted 10 be taken between the
OF an opinion, in reference 10 the conduct of
publc otneers, intended terminate in some leyislve
act and those not 30 intended-a distinction Wilton, ex
ample or precedent, aud without principle or reason
Nor am less surprised that il should be grayev
DIS mas been in debate that the resolution i'm question
was not intended TO terminate in uerior legislative
measure How this mpre ssion was made or ron,J ho
Ven'ured TO be expressed loss TO conceive as II
was openly avowed, and fully understood that we onIv
"su or the proper moment TO carry the resolution into
erect y giving II the form OF joint act of both Houses
nor the attempt TO limit legislative functions bv our
Judicial IN reference TO the resolutions less extraordinary
haa supposed that our judicial were i'm addition 10 onr
egS"ve functions, and not in diminulion; and that we
possess 10 the ull extent without limitation or subsrar
P' i e powers possessed by the House of
representatives, with single exception as provided i'm
Tue Constitution. Were il possible 10 raise rational
doubt on The subject, the example of the English Para
meh' would clearly prove, that judicial functions i'm
pose no restrictions legislative 1t is well known
mat the House OF Lords like the Senate possess te now
er OF trying mpeac hments and venture n sssot T,
10 inc long course OF time in which has exercised tbs
power not single be pointed out i'm which il
was supposed that IFS judicial functions were diminished
any degree oy ITS egislaive and when reflect that
ms portion oil our Constitution borrowed from the Brit
% their example must be considered as decisive as to
me point under consideration.
Butte reflect moment 10 what ex,ont mo 49,, 80
sessay be carried, II we once admit the principle II the
ea'e mas no r'sh in consequence OF their judicial unc
ons 10 express opinion by or resolution in refer
ehce 10 the LEGALITY illegay the acts OF public unc
uonaes hey have no right express such opinion in
Vuuay ifaebate; as the objection it exists AT all ooes
to the expression of opinion bv indiyInaIs no %
by The body lie who has made IN am opinIon and ayv
e I 10 ntna'e would be as much disqualified perform
MS judicial functions, judge on a trial Of impeacb
meni as IT. he had expressed by vote; and of conrse
Whatever restrictions the judicial functions of the Senate
DC supposed TO impose, would be restrictions on the
liberty oil discussion, well of voting: and conse
due9y destroy the freedom Of debate, secured 10 us by
l am, indeed, (sad Mr. CahounA amazed b,, .,
great conception OF the essential powers of deIibe
faWe body should be formed 10 deny TO Iegisla.
1--WE assembly the right express opinions on all nb
Jec's oil puoc nature, freely fully and without esc
uon or limitation. 1t inherently belongs to The law
making power-the power TO make, repeaI and tn mn
diy the laws; deliberate upon the stale oi The Jfi
TO ascertain its actual condion-the causes of existinS
disorders 10 determine whether they originated in The
Jaws, or IN her execution, aud devise the poner re-
meuy what sort Of legislative body would IL be-
ha' mad no right to pronounce opiaon whether law
was or was not In conformity TO the Constitution; and
whether il had had been violated bv those anomt
ed TO administer the laws? What could he inarinad
more absurd aud yeti il the principle conended for be
correct such would be The character of The Senate We
would have no right to pronounce law unconsi,uionaI
or TO assert at had been violated lest should disauaIi
" US from performing our judicial functions
ihere seems to be (said Mr. c. great misconcen,io,
~ TO The real motive and character of the eg-
laVe and executive functions The former is in i,sn
u'e ueoera've, and Involves necessarily free discuss
slo and iu expression of opinion on all subjects Of
Puonc interest he latter is essentially the power of
executing ana has no power of deliberaon beyond as
csainng The meaning of the law and carving its enact
ehs INTO execution; and within this limited sphere
oil ITS powers are formed under respon.i-
uS "o' oh'y 10 public opinion, but also 10 the Lepsa-
i've Department OF the Government.
But wherever the Executive is vested with any nor
lion OF legislative functions so essentially do those Cn
IONS involve the right OF deliberations aud fun and
lee expression OF opinion that they transfer with them
70 we Executive, the right Of freely expressing mis- opi
ON an SUBJECTS connected with such functions Thus
me PRESIDENT OF the United States who is vested bv the
constitution with the right of communicating TO Congress-
on me state OF lie Union; of recommending
W "S consideration such measures as, in his opinion The
p"ohc interest may require; approve OF its acts and
70 r'y Weaes, which have received the consent OF the
"as' III the performance OF all these high Ieess-
1--WE functions, right TO express his opinion as TO the
nature ana Character and conslituCnay of all tho ea
sures, IN the consideration OF which NAV he nyo ~,
Snee OF these dutesa right which the present
NeI Magistrate has, all occasions freely exercised
a. we nave witnessed this session. boh his annual
ana The one announcing his veto on the land hill
ia 'he lormer' he pronounced he United s ates Bqn In
De unconstitutional and has, Of course according f. HE
own principle impeached the contuct Of Wasbiogion and
dosoD, Che former OF whom signed the charter of the
hfst Bank and the latter Of the presently and all of the
acts incorporating them. " w
am mortified (said Mr. CalhounN t,a, IN ,h; -
try, Boosting OF its Anglo Saxon decent ha anv one Of
respectable Standing, much less the President OF the Uni
yea STATES should be found entertain PRINCIPLES ean
~ ue INDUSTRIOUS results; and can scarcely believe my
sell 10 be breathing the air Of country and obe itb
:" '''c vans OF he senate Chamber, when hear such
doctrines vndcated 1t is proof OF the wonderful de-
generacy Of the tmes-of total loss OF the true conco
lions OF constitutional liberty. But in the tnids, If az
degeneTaey, perceive The symptoms of repeneratiou IL
IS ho' my wlsh TO touch the party Designations tbt
nave recently obtained, and which have been ntrourcJ
~ 'he debate on this occasion. however cannot but
remark, tat the revival OF the party names of lie -
luton after they bad long slumbered is not witbon,
meaning noi without an indication Of a return to tooe
principles which lie at the LIQUIDATION cf our ibertv
Gentlemen ought TO reflect that ibc extensive ard suJ
ueh revival OF these names could he without so,r
adequate cause Names 10 be taken or given a,
pleasure there must be Something cause their aopli-
eauon 10 adhere IL remember rightly, II was Auensis
~ all The pieniude OF s power, who said that he found
i impossible TO introduce a new word what, tbsn =,
that someihing' What is there 10 the meaning of VIII
and Tory, and what in the character of the lines ybic
mas caused their sudden revival party designaooq AZ
lhs ne! take 81, that the very essence OF Torvis
mot winch cons flutes Tory, l. sustain preroosive
against pnyilegetO support The Executive s0sipsf tLe
70 ibe SIDE OF power against de side Of liberty; while
be " mig ~ 20 ali these PARTICULARS Of the very ounosc
principles These the leading characetisiics Of dc
Te'pccuye parties, wing and Tory, and run tlfsneI
hcr application IN all tie variety Of circumstances in
winch ley have been applied ether i'm This country or
Great Britain. Their sudden revival and application A.
hs time ought TO ddmonisl NY old friends WHO are nov
on nc SIDE 81 Tie Administration that there is someio
~ the times omctlng ia the existing sucgc be IA. ccG
Tie pae', and in te principles and doctrines advocated
" Wose in PoWer-whch hgs caused so sudden revival
in' snch extensive application Of The terms. have nor
'ONlHbuieu 10 ther Introduction, desirous If
echs mem appiodi bat must say 10 those who are in
crested ib1t they should not be; HAT nothing but ueig
reversing theiF course robly prevent their aprIi
souon' lhey owe % 10 NGmscigcs--tbev owe Al to tLo
oheI Magistn'e, whom they support (who al lcssf js
yeneFSOie or ms years. as tho head Of teir psry-uat