Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-04-11
VOL. TIV.....VO. 7Jr

sp'rt oil our institutions, to wit: That il Isl in the
language oitlc preamble, " an assumption of now
or not warranted by the constitutions" for tho
legislative department oil the Federal Government.
or either House thereof. TO express an opinion i'm
regard 10 the constitutional limits Of lis own ai-
llnrttN, ~ thnsc al coordinate department. except
such al'inlon ~ Is necessarily implied and embo-
ddcd III the statutory acts of those bodies where
rs, We hold that the power impaired 10 the Govern
m'nt by the SOVEREIGN people Of the respective
States, has been distributed between the several
independent and co-rqual departments Of that
Government. expressly with the view to their ac-
inr ~ checks md balances upon each other
and whilst the rpht ofina decision and control is
not claimed lor an, one Department. rs TO the line
III DIVISION between its constitutional powers and
lhoNcol another department. vet IT is claimed and
il' recognition oi the principle is, in the highest
d'gree, essential IL the proper action of the ma
ehinerN OF ON Government, that each Of these So
srraI deposiorcs OF the pcorlr's confidence has
the inherent rohl 10 watch over and defend the
share oi authority allotted To il, so ~ To prevent
any one oi lis associates from gaining an undue
rlrpondciancc, rlllcr throuehtlc s1hducon of iis
e"n powers, or the assumption of cxirancons pow
trS, and Ion that purpose to proclaim, in firm but
temperate resolutions, In have such weight rs
public plnlon maN llnk tlrin dcser, ing Of any
entertainment onliS Just hmtiS, thus appealing To
'i'' '''lihn NoNti'Hn, lt - ltfCp D All HllthOfI-
if,to pass upon tllem pretcnsnrs and ihrnnpI tho
proper constitutional channels 10 rc-adins tho
haIanee and the contrary doctrine, breathing
The >a, >h tone 81 passive obedience and non-re-
slSihnce, IN elect snllcndeis all power 10 the
strongest dtpal tment, ior u l,rccmd,s tho idea of
the peaceful Introduction of The sovereign peo-
pie, by precuding the onl, means through wlcl,
the necessity for such an intcrposiI,on could be
made known to them, thereby closing the door to
all scrutiny, until the stcaly and noisclcss Nd
sanccs Of nSnrpaion shall have 50 transformed
the system ~ 10 render further conccalnent i'm
possible, anddscoScd . state ii t,rnilv and cor
fopllon Ia be rcmcdied only hy revolution and
boodshcd
~ because thcrccornilion Of this great conscr
'atre ilRht oi each branch OF the Government to-
sound the alarm 10 the people whenever an en-
efoarhm'nt occurs, However unlmporianl IN refer
renee 10 The oihrr departments, is c-cn,incnt,v
81 III reference 10 the Senate which comprises the
equal and only representation ot the State sove-
ricnles rs tnch, nnsmnch rs il constitutes the oI,-
" means hv which tina, body, invoking, when the
occasson ma, require H. the inlcrposition of the
State, can successful, reSis, tie consolidating ten
denotes OF The national branch, tho Ilonsc Of Rep
res"nialivcs, which is based on population with
out regard 10 state divisions, ~ lht consolidating
tendencies ol tie executive, which rests on SINH
lar amalgamaicd bass. aud thus be enabled io
iortt> and defend the lcdcrliivc principle of our
| Mon N this It's chosen sanctuary, against the
combined assault Of hc antagonist force, lodged in
tie coordinate branches, and inclined, from
principle inherent in power, wherever lodged ren-
dlN 10 confederate against II.
II. HCcHlist We rc"atd tins rplt of the Senate
Ia NPrcsS IN opinion concerning the constitutional
distribution of the powers of the Government rs in
no degree impnlrcdhy the consideration, that after
| rlomnlentIa9 such opinion, il may subsequently,,
perhaps, he required to Try an inpcac hmcnt ot the
ollicrr whose conduct Is m, olNcd in that opinion,
and heiluS Incapaciialcd. through lis prcconccivcd
opinions, from rendering an impartial l,t1pmen,
ior II must be obvious that jn amy case the torma-
non and expression o an opinion rs To- the ,onior-
mIiN 81 any act with the provisions al the eonstitu-
ton, niconnrctcd with any inquiry into the motive
81 tie act. would constitute obstacle in an up
rl"t mind REGULATED hy the obligations of an oath.
10 tie decision of the substantially new and differ
ent question presented IL t. supperadded charge
oi Il criminal lntcn and, IN tue prcs.n, instance
lie opinion OF tie Senate Il coached in language
% peculiarly Gcclaratory oi'a rioh distinguished
from the implication of motives, rs utterly to cx-
'lo"r Inc idea oi II criminal accusation view Of
the subject which II may be we'll 10 observe pnts
NJ res, also tie assumption that such Inn cxnrc.-
non OF opinion calculated Ia snlvcii the riphts
ol tie llouec of Representatives" in reference ,o
IL 'NH'lNt ahinhiHN 10 originate lnlpcaChmcnS
which ncccssaril nanyolyc an mputation of evil in
tent
-. Because this general denial of Tire right of
Tie senate IN express an opinion respecting il,c
relative powers "i the several departments is in
no degree strengthened or excused hv the allcpa-
non, however true, that The opinion expressed, in
Lie present instance, by The resolution 10 be cx
punged is an erroneous opinion for even if il were
admitted to he So il would not follow that the Sc
nair lad no constitutional right to express it, mas
much rs such a right, il it exist at all. must in the
nature Of tldneS,le independent of tie manner
and purpose oi its exercise, and Whilst jhc abuse of
i, accompanied with circumstances of falsclood
and oppression, might and in Justice oghl 10 heigl-
ten responsibility of that body 10 public oI,i-
mon ana the constituent control, il cord not de-
siroN tie existence of the right ITSELF or affect
tie legitimacy of the foundation which il rests .
IL. Bccansc VIC believe the opinion cYprcsscd
: ~ tie Senate in tcir resolution respecting tlr
Executive proceedings in Tie n mo,al Of the dc
! rositcs TO he Just ard true, and are unwilling To
lend orlr sanction 10 the Condemnation which il *
designed to pass upon that opinion, by cxpunein-
nom HE journal the resolution embracing il higf
II we were capable Of such a concession 10 Fyccr-
tive arrogance, wo,.ldb equivalent an ackuow
Judgment that the right claimedby the Prcsidrnt
oirnpoying tie public moneys durnc tie inter-
val between thcir collection n d disbursement. in
the absence OF legal prohibition. and even in def
ancr Of the ACT directing them to he deposited in
srccilied places, TO enable hin, under tie auepiccs