Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-09-07

the VIII OF the HnlnTiiy III ~ VI th
Jaw must be uscertaned mud made known IN that pre-
Use form in which alo he pledged 10 snhm To 1t
Now, SIR, deny that have consented that my
ghts, of any Sort shall he subjected 10 the viii Of
majority Of the People of the U. s. unless that vii
has been ascertainrd and expressed by the votes o
wothrds Of both Houses Of Congress- by the votes
# orty Of each House, backed by the approval
Il the President either tacit expressed. In Other
way am as n member Of this Union, subject to the
will of any minority whatever; aud whatsoever would
restrain me of natural liberty, in any other way,
lnes wrong 10 me- and commits an outrage on ih
Constitution In Tins of the matter, all those
unctionaries, whose is necessary TO thu
passage Of any law the guardians of my liberty
and of each one OF them | have right to require
conscientious account OF The manner IN which lie DIS
charges his particular function.
So much for the rights of mlnorIties. But the ma
orty also have an interest IN this matter III IS per
ectly notorious (and, in the nature OF things 1t IS IN
evitable) that ninety nine times in hundred, the will
OF the majority not at all exercised on the subjects
If Congressional acts. If no law ever enacted
until majority of the People had sufficiently acquant
ID themselves with its necessary Details TO have any
decided will for it against it, must learn to live
without law. Bntlaw are indispensable; and the ge-
mus oil our institutions requires, not only that the Peo
pie snail have an opportunity TO express their Will IN
the election OF lawsyers bu that all that done shall
he done IN their name and that every thing that GAINS
The authority OF law shall be taken and receired
expression OF the WI OF the majority Stll the mnJo
and this, which is thus made pass for their WILL
nothing but conventional substitute.
ltremans To prescribe the conditions on which those
who speak behalf Of majority of the People shall
have authority to do soand surely Sir if in any case
strict compliance with conditions is ndispe nsablp il
may be demanded in this Think, pray you, what il,
for three hundred men 10 put forth authoritative
mandate, which is to be received and obcycd by seven
teen millions all expression OF their sovereign will,
while, Of all that number, vast minority have de-
III, md
of what is done. With what grace do declamaons in
favor Of the rights of majorlties come from men, who,
acting in this important function, would dare 10 add
ot TO their power, 10 abate one title from the
conditions prescribed for It's exercise Is IT for them
st Judgment the reasonableness of these, and
In pronounce any one OF them TO be supertiuous !:
When the minority spulate, that they will not be
bound by any purporng 10 express the VIII OF the
aiory which the President, for the time being, (who'
ever he may be and however he may have been elect
ed) does not approve, have not the minority right TO
the benefit of tins stipulation IL owes its Chief value
To the possibility that the President may not alrayS be
ready 10 identify himself with the majority, and TO
make himself the ready instrument OF their Will, how
ever unjust to the minority Il may happen to be- And
they then To lose this advantage, as
arises, ~ which it is actually an advantage: What
becomes cf its value, If yau to be overawed by a
coordinate branch OF tie Government, and frightened
into declaration that you approve what you do not APP
prove
On the other hand, when the majority declare that
nothing shall be received expression of their will
which does not bear the stamp o! your appreciation,
what right have those who profess 10 act their be-
half To endeavor shake oh the restraint thus imposed
by the masters, whose name they invoke, and to bully
you into the avowal Of en- appreciation you do not fee
Your appreciation, not less than the votes OF The two
Houses, of the agreed marks by which the con-
ventrona tokens Of the supposed will of the aority
are To be known Without these, the majority have
agreed That they shall be taken as expressions Of
their Will. Without these, The minority have never
agreed TO be bound by them lie who would simulate
either, commits fraud on both parties. Whether
false record of the of either House pamed upon
the world. the President falsely Processes 10 approve
what he decidedly disapproves, IN each fraud is
perpetrateG, alike on the muIorIiy, whose authority
abused and on the minority who restrained Of their
liberty without their consent. But II SAID that If
these IDEAS evai the minority might sometimes rule
the majority. In to this, give me leave 10 say,
that for constitutional purposes, the majority and MI
norly can only be asceriained IN the way prescribed
by the Constitution Until that IS done the Will of the
majority can only he the subject OF conjecture. Are
we to draw aside the curtain with VIII ch the Consttu
ton shelters from proane eyes the snmbers othe
reirn but durmaut Will OF the majority, Are we to
invade the privacy and pry into the thoughts OF Males
", If So Sir, then affirm, that We can ncrtr, IN any
case know the actual ei Of the majority, with ha!f tic
rerlaafy of knowledge that, almost eUery case
the majority have actually no acM at ali. To ac, CON
s;stentiv therefore, the information thus stolen from
the Dcnefrdiia of the sanctuary OF sovereignty,
ought in most cases, not TO legisate At all. But if
should happen that the majority, at any time, should
DEPRIVE themselves Of the means OF expressing their
Will in the agreed form, even IN the rare instances in
which that will is certain, and certainly, though in
formally known will 1t follow that the minority will
therefore rule the majority know It is commonly
SAID So and that passes Tor truism; but beg leave
to DENY it, The minority pass no law. They do not
attempt force the majority any thing TO which the
majority have not agreed. They merely insist the
old law, to which the majority have agreed. They
claim tue benefit of the subssting contract until It
shall be revoked in the manner prescribed by the con-
tract itself 1t is not the minority OF TO day, but the
rnajortg Of yesterday that rules and ought 10 rule
til ts decision shall be reversed by the majority of TO-
DIM or lO.m0rr0p IN the very form prescribed by that
compact rhich alone sires 10 any number q righuM
contr0l ocer HE 1W IT others
Such, Sir is the nature of Constitutions. Such is
the basis of all sound constitutional reasoning In this
view alone, are Constitutions worth, to minorHteS,
more than the paper they are written on In tins
view alone is the Constitution OF the u. ;. worth
straw to the fixed, local minority IN the South In our
hands il can never be an instrument OF power Take
from It its use, as n restraint on usurPason ana
shield against opprcsson, and il loses all lis value
am aware that these ideas not likely TO find IA
yor with either party Some may approve them, but
even these will not venture TO express their approba-
ton They do not suit the present views OF one OF the
great contendng FACTIONS, nor the pIeVdinp lases VI
the other In heated struggle for power, neither OF
the grea, partirs will be likely TO hear of restraints on
power, by whomsoever welded Both are too eager
for the prize to listen with complacency to any thing
in dsparagement of its value. beg that this may be
taken as a proof that belong 10 neither. Holding
these sentiments expect nothing from the favor
Of either Be II so, Sir ] am under no obligation to
court their favor, yours the favor of the
People | am indeed bound to my country, if
can: but am not that cannot her best, IN
situation in which am not afraid to proclaim truths
which men in place and power wonld not dare to Ut
ter have AMBITION too and trust its object is not
iynoble When the gallant ship which IS now reellng
on the stormy Of party Strife shall strew the waters
with it's shattered fragments the leaf now commit TO
the waves, may reach the shore; and they who will
bear my name, may learn what their father saw, and
pointed out the rock on which she split.
beg pardon for this egotism. ! do not mean TO rest
nv cause on these distractions; though the HISTORY
of the Constitution Clearly proves that the use oil The
Executive negative the acts Of Congress, which
hav Indicated the very same contemplated by the
trainers of that instrument They did not intend that
the President should be the eJponent Of the eiH
Of the majority. They meant him 10 be rheeh on It