The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-05-08

each e'ector tie power Of presenting hin self in ih
legislative body and, face to face, of ARA gnng tn
rccrennt rcpgcsCntiye WHO should prove false to hi
bOnd
know it is said this doctrine Of instructor
nicrferes with the dclheratiye character Of tn
representative Eody 7 The answer to this is, tha
laws are TO eAprcss the convictions of the people
that the representative, if he has coed purpose
can undertake 10 explain to his constituents
v hen legislator asserts his Cwn will against til
will of his constituents, he becomes the cApcncn
of the sn allcst possible fraction, 10 wit, hin sell
BESIDES, legislation, 10 be abiding, must represen
the will Of the people the security, therefore, an
the honesty of legislation are 10th promoted by thu
doctrine of Instructions. Without this, ,hereis n
check upon the personal passions, or pGculri
schemes, of the mdiN idual representative.
The representative, chosen for season, soon t,
90 into retirement, may have selfish purposes
Hence second limitation. Democracy holds hin
not only responsible 10 the people, but circum
Scrhes his power within the strict boundaries mark
ed out for him. II reserves rights to the Edyihu
a rights 10 The state, rights TO the collective people
and the legislator who dares to step bcyoLd them
does but make himself guilty of usuIphlon, wl,icl
is in itself null AID void. Hence the rights 0f per
sona freedom, of individual freedom of mind, ar
reserved rights hence the inalienuble, irdeirasib
rights, which no legislation cnn create orabrcgaic
hence state lehis, which, rightly construed and ar
pied are Il cherished portion of our Iibcris hence
the doctrine in our national constitution, that power
not ConCCdcG-thut, for Instance, OF chartehg
bank, or granting n.onopo! -ule never to be eX
| CrCscd
I he legislature, when ass,n bod, is hut Il tran
cicnt body it can, therefore, never gave minor
tay TO lis acts " hulcycr laws il establishes az,
liable to be repealed. 1t can establish 10 pcrpct
uics. Democracy knows nothing, ccognizcs roth
ing, porpetuity, hut the law cf God. All Tho
forms and ennclmcnts Of legislation are the work o
mans hand, and are pellsM.blc like nan.
Once more ;Tcmocrucy is eternal justice, ruin.
through the people. Hence democracy demands
equal laws for the general coed hence dcmocrac,
,ocrates 10 moropolcs They mc at war viii
providence which always acts by general laws
The law Of God knows 10 distinction Ct persons
and just so democracy, in lis legislation, acts with,
out fear and without favor it alrogatcs all prNi
cgcs il lorli!s all nonopocS AID it estab>hc,
the equal rights Of the pcop'e on the sure rack %
Divine truth,
In organizing the Judiciary. it is equally vigi'oni
First; by circum>clihirg The sul ccts On which jrfg
mrnt is to be rendered. 7 here may arise on chi
suits, two questions. One relates merely 10 prop
crty as such, and to contract between man and
man. I h,se hc,ong Ia the Judiciary 10 decide
And there is 10 danger that The power will be Sc
rously abused. Put there is ano;hrr class, which
| involves political questions und here dcmocrac,
impcra,i,cy reserves to the pcop'c the ultimate 'e-
ci,ion Of every political question: ind also refuse,
10 the Judiciary all participation in ''esla'v" power
The Judges are the ministers Of the law, hot the
illuncs Of the people,
just 50 in criminal suits. The ridges are TO act
under existing laws, but cannot of then >cucs con-
stu'c crimes They have no power to enlarge or
10 alter ihr r.tninal code.
Democracy asserts the concurrent power Of the
jury. 1t claims for the jury the right ol deciding on
the law, t., well rs on the fact, The jury Is the
organ lroreh which the people qualify and restrict
the otherwise arbitrary and nearly irresponsible
power of The bench.
Again; Democracy insists upon the responsibility
of the Judiciary 10 The people And this it secures,
and secure, only by limiting their tenure Of Of
fee. In YOUR Commonwealth, Judge Is liable To
be- dismissed by mn address Of two thirds and IN
the general government, vote of two thirds u
needed to give effect To an impeachment, This
provision Is entirely nuga'ory. The better way Is
To restrict the term Of office. Then responsibility
becomes perfect, by the prospect of rcGppor'ncni.
The good Judge need not fear the people. From
the ayowcd convictions Of the late President at ,ha
pinon Of the present Chief Justice Of The lu'cd
States that the term of The judicial oicc should he
limited, and not be for life.
Finally Democracy does not nllcw Of appeals
from final judicial decision in n mere question
Of property but every improper or unjust cNposi-
ton of the law con be- reformed by legislation ; and
the whole system can he amended, altered, and re-
formed, by the people in convention.
! hay, thus traced the forms Of Democracy through
ihr legislature ard the judiciary i, remains 10 en-
plain them with regard 10 the executive.
In the first pace. democracy claims the right of
Of clcciirg the n.hiCf magistrate directly Nv the
people thus drought New England, wo vote
directly for The governor In some states, the gov
crror is chosen ~ the legislature. To this democ-
racy objects for it leads 10 selfish mtrgues and
cabals.
Again The legislature expresses the wlll of the
people by laws ; the executive cniOrccs it. The
powers becomes blended and, by law of universal
efficacy the aris,ocra,ic influence gains new chance
of securing power, when the legislature appoints
the executive.
The chief magistrate obtains proper indepcn-
dcncc, and proper responsibility, by receiving his
appointment directly from the people.
The supreme executive j., moreover, check
upon the legislature, and should, therefore, derive
lis power directly form the psgplc.
Hence the recent changes in the constitution of
North Carolina and Of Maryan by which the
choice Of governor is transferred from legislatures
To the people, is strictly democratic triumph.
so, Too, in the choice Of president, to vote for
electors dnccly by the people, and not through the
legislature, is the democratic rule.
Ard here is the reason why democracy opposes
the throwing of the choice president of the L.
niird States into Congress. 1t il because Congress
by elec,ng the president, constitutes Itself his nr-
thor. II il because members Of Congress, IN ma
king president may have private purposes. 1t is
because Congress may he distracted by selfish in
t,gucs aud So, after weeks and months of prom
i>es and contemporaries, Of Gatherings and bar
gainng-, elect Il president by corrupted majority.
| The executive, being thus elected, it the repre-
sentative of the whole people. The governor Of a
commonwealth il. in the eye of democracy, the
representative of It's people. and as such, is bound
to watch over their freedom and protect their rights.
The president of the United States is, IN like
manner, the representative Of the people of the T.
niied States and, a. faithful representative, h.
is bound 10 sustain the power of the people.
Hence is, that in the true spirit Of democracy
the people have entrusted him with tribunal
I al.