Richmond Indiana palladium. [volume] (Richmond, Ind.) 1837-1839, 1838-09-08

Though in that respect not like jury. they are
like sutton our forum, bound 10 abide by ths
: decision which they themselves (by the adoption
Of the Consttution) have invoked-and as tbs
court will no, enquire whether their instructions
did IL point of fact misead the jury, SO we cannot
enquire whether our decision mIsed the people 81
Mississippi, because being supreme IN the matter
they must be presumed to have respected IL
Another analogy from the Same source wnlen
the gentleman has also disputed, is this-a power
of attorney is given by A. TO b. IN which there
is some euuivocal clause supposed to render II
irrevocabie and so the court decide. A. however,
thinking differently, executes another power oil
attorney to c.. revoking the first: afterwards the
decision Of the court is reversed-and then 'he
( gentleman enquiries will not the power of atfor-
new 10 C.. stand good? Most assuredly 1t Will;
and these consequences too, will result, that all
the acts of the first agent, done after the
OF the second power of Attorney, Will OF aecessis
become void, and tho acts OF the second agent du-
ring tho same period Will DC cstan'isheo' Dd' 20
the gentlemen willing to push the argument to
the same extent in this case, and to avoid all tue
official acts of Messrs. Claiborne and Gholson!
Does he not see that when the rules OF private lie
are applied to political bodies, they prove noth
ing unless they illustrate principle common 70
both? The body polite cannot move oackwards-
the thing done remains, and where you cannot ex-
punee, i remains for you only to correct.
Gentlemen INDUCING in the reveries of ITO
pian fancy. have been pleased to compare the
popular rights to evcr-flowing stream, and our
decision ut the last session to dam vainiy inter
posed TO obsruct the accustomed enjoyment OF
those rights tho flowing of that stream, whieh
overIeaps the barrier we nave raiseo' ana cc"'
ues its course malesticaily onward They forget
the consequence that the pent up flood turned
hack upon its source and replenished IRON those
perennial fountains, would by the force OF KS own
oravitation overflow the country with wild and de-
yastat;np inunda ton. Iadmit, SIR, the lnvloia-
L. Nlnt thnVy n
SINGLE moment cease or BIO annhllated; but l
must he allowed to change the figure little, ana
TO assimlate the decision of this House at the
extra session not to dam vainly erected to choke
the stream, but to dixie or new channel opened
d;vertino it for a while from its former course.
We have now filed up the channel which we thus
had opened, and turned the water back INTO ITS
ancient bed again, and it begins from Mls time
dow in that direction. Thus there IS no con-
~ ~ popular rights and this tribunal
MI ne,h :, spheres; and IT per-
chance our decision should be ei.o
ter that the decision stand for all legitimate
ses than that the constitutional authority OF this
House should be set at nought
Another gentleman Mr. Menefee) says that all
the great constitutional rights, franchises, and
of the people must exist unnpaired.
ted undiv erted by the decisions OF any and
ali the tribunals of the country Is this true!
DO we not all bow to the authority of our high
courts of iudicature expounding and decreeing to
us our rights? And not those adJIdicatlons
binding although they may be proved by abstract
reasoning to conflict with the constitut1oHf Is
not the exercise of the occasional Judicial power
given 70 this House Of equal authority, and equal
oid,pa,iop? Nav more, IS not legislative enact
,nent itself Of binding and valid force until decla-
red by the Judicial authority to contravene the
Do not all these tribunals IN the
exercise of their respective powers, move IN con-
centric circles, carry ing with them all those pop
ular rights which the constitution 'tseI secures
,hrouoh the medium of those very agencicsl
And does IT hence suit that the Constitution Is
made to bend to a subordinate powerY think
not. and that the contrary opinion leads to anar-
civ and Reorganization. The gentleman says
that we have a written and Interchangeable constr |
tuition ALWAYS overshadowing US win It's protect
iva folds. Does not the learned gentleman per- !
c.;vc that the doctrines for which contend are
caulate; to give stability to the Constitution and
uniformity to its operation, and the very TACT Oh
its being written implies that 1t Mist nave con-
strac,ion? How long Is IT since That gentleman
repudiated the maxim, cenvcycd by can't but
significant phrase, that each should ''construe
the Constitution as he himself understood lt!' /
What interninable confusion would such the !
arv create, and how would II scatter to the WINDS
"a nv n centrifugal force all the well dehned
privileses and inalienable rights OF the American
people? 1t is the glory of our Constitution that
IL contains within itself, provision Tor ITS own eS-
an
the terminals which it fixes 10 declare them and TO
decide upon theH
This. sir. is a question purely Of Constitutional
constructions and touches The conscience ct every
gentleman called to vote upon 1t. AT least 1t SO
itself to my view; and whateVer ny
personal wishes might be as to the success OF the
es,ee,ive claimants. do not feel myself at lib
cr,y to weld ms Judgment of fundamental law
:, any minof consideration. The great error Oh
the o,,p,siie argument consists IN treating the
decision OF this House which declared Messrs-
Cha ,borne and Gho.son legally elected members
IF the twenty-fiith Congress, as an uncons''u-
tional act The rights the people can never
be vndcated by disP,raging the authority OF
their constitutional tribunals. Every sentiment
IF this characte, implanted in the community. IS
, germ of observation-disclosures is enough already
IF conflicting powers in the fabric of our govern,
ment without inviting it under new forms, and
cas-, of all where its tendency is to array the
People against their Representatives. There IS
bu, little danger of usurpation IN body chosen
ike this aud exercising its functions under the
immediate control of the people themselves; GER
,,;n,x there is none in Il decision which refers
vexod question back to the popular will I'm tins
.n,ntrv the rcsiduary depositary OF all underlined !
md