The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-09-15

I
People, though they DO constituted like Other
| popular and representative bodies, could not ut
ter uyllable, although they saw the Executive
either uamplng on their own rights and prvi
! leges, or grasping at absolute authority aud do
miniou over the liberties of the country. Sir, |
hardly know how 10 speak of such claims of i'm
pnnity for Executive encroachment. am amaz
cd that any American citizen should draw up a
paper containing such lofty pretensions; preten
sions which would have been met with scorn in
England, at any time since the revolution OF
ZOOS. A man who could stand up, in either
House of the British Parliament, to maintain
that the House should not, by vote or resolution,
maintain its own rights and privileges, would
mako oyon the tory benches hang their heads for
very shame. There was, Indeed, ;iaio when
such proceedings were not allowed Some OF
tho kings Of the Stewart race would not tolerate
thcm. A signal instance Of royal displeasure
with the proceedings Of Parliament occurred in
the latter part Of tho reign of james the First
The House of Commons had spoken, on some
occasion, of It's own undoubted rights and pfivi-
iegcs.' The King thereupon sent them letter.
declaring that he would not allow that they had
any undoubted rights; but that what they enjoy.
cd they might still hold by bis own royal grace
aud permission. Sir Edward Coke and Mr.
privileges; and, under their lead, the fiouse en-
tered on its journals resolution asserting It's
privileges, as IFS own undonbted right, and mani.
Testing determination 10 maintain them as such.
This, says the historian, so enfaged bis majesty
that he sent for tho journal, haG il brought into
the council, and ther9, In the presence OF his
lords and great officers OF state, tore out the ofan
sivc resolution with his royal hand. iIe thon
dissolved Parliament, and sent It's most refrac.o.
ry members 20 the Tower. haze no fear, Ger.
tainly sir, thai tits English example viii be fol
lowed, on this occasion 10 its full extent nor
would insinua,o that any thing outrageous has
been thonght Of or intended, except outrageous
pretonsons; lat such p-ctensions must impute
10 tho author Of this protest, whoever that au.
thor be-.
"When this aod the other House shall ioeo
the freedom of speech md debate, when thcYslia
surrender tho rights OF publicly and freely can.
wasting ali important measures of the Executive
when they shall not be allowed to maintain their
own authority and their own privileges, by vote,
declaration, or resolution, they will then be no
longer FREQ Representatives Of free People, bat
slaves themselves, and lit Instruments to make
slaves of others.
THE protest, Mr.. President, comedies wha, il
doubtless regards as a liberal right of discussion
10 the people themselves Bat its larguage, ev.
en- in acknowledging this right of the people TO
discuss the conduct Of their servants, is qualified
and peculiar. The free people Of tho United
States, II declares, have an undaahtcd right to
aiscnss the oiiielll condnct of the President, il
such language and terms as they may think prop.
ar, subject only to tho restraints OF truth and
JUSTICE Dat, then, who is to I've the Judge ~ this
truth and Justice Are tie People to Judge icr
themselves, or are others 10 Judge for them -
Tho protest is here speaking of political rights,
and not moral rights and, if restraints are i'm
posed on political rights it must follow, Of course,
that others are 10 decide, whenever the case a.
rises, whether these restraints have been viola
cd II is strange that the Writer OF the protest
did not perceive that by using this language, he
was pashing the President into a direct avowal OF
Tho doctrines of 1898. Tho text of the protest
and The text OF lhe obnoxious act Of that Year are
nearly identical.
''But, sir IL The People have right TO discuss
ho official conduct of the Executive, SO have
hcir Representatives. We have nern taught TO
'egssi Representative OF the People as sauti-
vel GA tho waichtowcr OF Liberty. l. be To be
blind, though visible danger approaches Is he
o be deaf, though sounds of peril tll tic air l.
nc 10 be dumb, while thousand duties impel him 7
o raise the cry Of alarm Is llo not rather to
'aich the lowest whisper which bFeathes lnten
ION or purpose Of encroschment on the public /
IhcItIes, and TO give his voice breath and utter.
inse at the first appearance of danger Is rot
iie eye 10 traverse the whole horizon, with the
teen and eager vision of M unhooded hawk, de. t
Getting, through oil DISCUSSES, every enemy adj I
'aucing, in any form, Yards the citadel which
10 guards Sir, this waichfulnoss for public lib
tty, this duty Of tornseong danger and proclaim.
ng it, this promptitudc and holiness in resisting
itacks on the Constitution from any quarter,
his defence Of established landmarks, TINS fear
ess resistance of whatever would transcend or
cmovc them, all belong to the representative
haracter, are interviewer with its very nature
nd of which II cannot be deprived without con.
efting an active, intelligent, faithful agent of
he people, into an unrcsistng and passive instru.
nent of power. representative body which
ives up these rights aud duties, gives itself up
t is representative body no longer 1t has bro
en- the ito between itself and its constituents,
nd henecforih is fit only to be regarded as an
merit, sclfsaorifced mass, from which all appro.
rIate principle OF vitality has departed forever.
81 have thus endeayored to vindicate the right
{ the Senate TO pass the resolution of the 2sth
f March, notwithstanding the DENIAL Of that
light in the protest
"Dut there are other sentiments and opinions
expressed in the protest, of the very highest im.
ortaucc, and which demand nothing less than
ur utmost attention.
The first object Of free people is the proser.
alton of their liberty aud liberty is only to be
reserved hymaintaining constitutional restraints
nd just divisions of political power. Nothing
more deceptive or more dangerous than the
retence of a desire TO simplify government
he simplest governments are despotisms the
ext simplest, limited monarchies but al! repub.
cs, all governments Of law, must impose nume
ous limitations and qualifications of authority
nd give many positive and many qualified rights
n other words, they must be subject TO rule and
equation. This is tho very essence of free po.
teal institutions. The spirit of liberty is, in.
ecd, bold and fearless spirit; but it is also
harp-sigh,ed spirti it is cautious, saglcious
discriminating, far seeing intelligence it is ieal
as of enoroachmcnt, jealous of power, jealous Of
ian. II demands checks, it seeks for guards, il
isists on securities; il entrencles itself behind
rong doiences, and fortifies, with oil possible
are, against the assaults of ambition, and pas
on II docs not trust the amiable weaknesses
human nature, and therefore twill not psrmit
over to overstop lis prescribed limits, though
good intent, and patriotic purpose
ONE along with it. Neither does it satisfy it,
nc with hashy and temporary resistance to lille.
,,tl, ntb Il