Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-15

law Of Congress and that OF the States The former
acts as restriction the powers Of this Government,
but the latter enlargement.
Such are the various processes of taking the sense of
the people through the divisions and organization of the
different departments of the Government, all of which
acting though their appropriate organs, are intended TO
widen lis basis and render it more POPULAR instead Of
less by increasing the number necessary put in
action, and having for their object to proven: por
ton of the community from aggrandzing or cnrchinG
itself at the expense Of the other, and 10 restrict the
whole Of the sphere intended by the trainers of the Cor
stltution. Has 1t effected these objects: Has il pre-
vented oppression and usurpaton the part of the Co
vernment? Has it accomplished the objects for which
the Government ordained as enumerated in the pre-
amble oithe Constitutions Much, very much certainly
has bee done, but all Many instances might be
nerated, IN the history OF Tie Government OF The viola
ton the Constitutions OF the assumption of powers
delegated to t-of the pervesion of those delegated 10
intended-and Of their being welded by the
dominant interests for the nle for lis aegrandzement
at the expense Of the rest oil the y.-nsances
that may be found in every period OF It's existence from
the earliest 10 the latest beginning with the Bank and
bank connection at It's outset and ending with the Dis
button act, at its late extraordinary session How
this 10 be accounted for: What is the Cause
The explanation and will be found ~ the fact
that, fully the Of the people taken in the
action OF the Government is not taken fully enough
| For, after all that has been accomplished in that
spect there but two organs through which the voice
of the community acts directly on the Government,
and which, taken separately, or in combination, consti
tute the elements Of which il is composed the one
the majority Of the States regarded in their corporate
character bodies poltic which in lis simple form
constitutes the Senate and the other the majority nj
the people Of the States Of which, in its simple form,
the House of Representatives is composed Thee
combined in the proportions already stated, consii-
tute the Executive Department. and tim. department
and the Senate appoint the judges, who constitute
the Judiciary. But it is only in their simple form
in the Senate and the other House, that they have
steady and habtual control the Legislative acts #
the Government The veto Of the Executive is rarely
nterposed; not than about twenty times during
the period Of than fifty years that the Govern
mcnt has existed Their effects have been benecnlly
felt but only casually, long intervals, and without
steady and habitna influence the action OF the
Government The same remarks are substantially APP
plicabe to what Tor the sake Of brevy, may be called
the veto of the Judiciary the right Of negatvng law
for the want of constItuonaiy, when it comes in
question, in 4 case before the courts.
The Legislature, then, of the Union, being under
other habual and steady control but these two MAORI.
ties, acting through this and the other House,
fact placed substantially under the control OF the por
ton of the community, which the united ori;ies Of
the two Houses represent for the ime and which may
consist of but fourteen States, with Federal popua.
lion of less than millions, against little than
SIX, has been already explained Blu, as large as IS
the former, and small is the latter, the is not
large enough, in proportion, 10 prevent IT from plumber
ing under The forms OF law, and the other small enough
from beng piundereG; ana hence the many instances
Of violation of the Constitution, of usurpation of pow
prs perverted and welded for selfish purposes which
the history OF the Government affords. They furnish
proof conclusive that the principle of plumber so deeply
implanted in all Governments has not been eradcaed
in ours by all the precauon taken by its trainers against
1t.
But in estimating the number of the constituency
necessary to control tie majority in the two Houses Of
Congress at something less than ten millions, have
estimated it altogether too high regarding The practical
60 r.
cepton Of its practical operation in this respect,
other element which has in practice al important in
fuence, must be taken into the estimate, and which
shall next proceed TO explain.
Of the two mojori;ics, which, acting either scpn-
raely or in combination control the Government, the
numerical majority is by far the most influential. 1t
has the exclusive control in the House Of Repre-
senatves, and preponderates more than five TO one
in the choice of the President, assuming that the
ratio of representation will be fixed at sixty eight
thousand, under the late census II also greatly pre-
ponderates in appointment of the judges, the right
of nominating having much greater influence in
making appointments than that of advising and
conserving. From these facts, it must be apparent
that the leaning Of the President will be to that ele-
inc mt Of power to which he mainly his elevation
and on which he must principally rely, 10 his
election maintain the ascendancy of the party and
system Of its policy, the head Of which he usually is
This leaning of his, must have powerfnul effect
the inclination and tendency of the whole Government.
In his hands placed substantially, all the honos
and emoluments Of the Government, and these, when
greatly increased, they and ever must be- when
the powers OF the Government greatly stretched
and increased must give the President corresponding
influence over not only the members of both Houses,
but also public opinion, and through that, still more
powerful indirect Influence over them; and thus they
NAV be brought TO sustain oppose, through his nilu
ence, measures which otherwise they would have OPP
posed or sustained and the whole Government be made
TO lean in the direction with the Executive.
From these causes the Government, in all Of lis de-
partmens, gravitates steadily towards the numerical
majority and has been moving slowly towards it from tho
beginning: sometimes indeed retarded even stopped.
or thrown back but taking any considerable period OF
time always advancing towards IL. That 1t begins to
make near approach 10 that fatal point, ample proof
may be found in the oitrepea.ed declaration oil tha
mover of this resolution, and of many of his support
ers at the extraordinary session. that the late Preslden
tia election decided all the great measures which he so
ardently pressed through the Senate. Yes even here
in this chamber in the Senate which is composed OF
the opposing element, and which the only eecual
resistance this fatal tendency exists nt to be found
in the Government, told that Hle popular will
as expressed in the Presidential election is to decide
not only the election, but every measure which may
be agated in the in order to influence the re-
suit When what TINS boldly insisted on comes 10
be an established principle Of action, the end will be-
near
AS the Government approaches nearer and nearer to
the absolute and single power the will ofthe greater
number, its action will become more and more DISTURBED
and Irregular faction corruption, and anarchy VIII
more and more abound; patriotism will daily decay, and
affection and reverence for the Government grow
weaker and weaker, until the final shock occurs, when
the system will rush to run; and the sword take the
place of law and Constitution
Let me not be misunderstood. | object not 10 that
structure of the Government which makes the nune-
rcal majority the predominant clement 49, perhaps
necessary it should be in all popular constitutional
Governments Ike ours which excludes classes. IL Is
necessarily the exponent of the strongest interest, or
combination of interests in the community; and IL
would seem 10 be necessary to give II the preponde-
rance in order to nfuc into the Government the ne
cessary energy to accomplish the ends for which It
was Instituted. The great question is, How is due
preponderunce to be given TO it, without subject:
| inr the whole, in time, TO lis unlimited sway !;
which brings up the question-Is there anywhere, IN
our complex system Of Government guard, CHECK
or contrvance sufficiently strong TO arrest so dreadful
\ tendency of The Government: Or, to express it in
more direct and ineligible lansuage.-ls there any
where in the system full and perfect expression
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