The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-03-26

day morning, (bringins London and liverpool dates
to tho 5th instantly learn that. the 10th slt,
MIR. OCounell and other of the most praminsat Of
the Irish Repealers, convicted. The ssnssuces
however, have been deferred to the next term. AZ
tor the trial. no appeared in his seat in Parliament
and made very foreible and temperate speech on
the subject Of the state Of Ireland. The excitement
produced by the return Of this verdict Of guilty. is
represented as Of the most intense character.
FOR The AADsoxlAA.
ADDRESS OF THE DEMOCRATIC STATE
| CONVENTION TO THE PEOPLE OF
| VIRGINIA.
ADOPTED FEB. 3, 1874, AT RICHMOND.
Having shown that there is nothing in the
Constitution itself which (eiher express or i'm
plied) can justify and authorize the Executive
to sign bill containing an extravagant appro-
priation Of money, the point now to be ex
amined is,
Whether the duty of the Executive is full
filled Gas conlended for by Mr.. Van BUREN, by
conforming to the uniform practice of the
Executive since the establishment of the
Government, by not objecting to appropro-
priations on the sole ground of extravagance,
and by merely requesting such appropriations
as the public service may be reasonably expect
ed to require? Or, in other words,
Does an uniform practice, in opposition to an
express provision Of the Constitution Of the
United States, form guide for the consciences
of public servants, justifylng them to follow The
practice and disregard the Constitutional
| OF all questions having reference to the grand
experiment OF awritten, enumerated, defined,
and sacred Constitution, this unquestionaby
lays at the very root and foundation. There is
only one other political subject which can
transcend it in importance, that strikes at the
root and foundation not only Of this grand ex-
pertinent, not only Of the Union itself, but Of all
that is dear to the heart of man. But let us
not be diverted from the examination of the
question before US.
This question as TO the influence of mere
practice, contrary to the express provisions and
I true theory of a written and sacred Constitu-
ton, will receive great light from preliminary
determination, "Whether an act repugndnt to
the Constitution can become the Ia,D of the
land ?" And whether presidents are paramount
to the Constitution itself2 The minds of some
of the most distinguished statesmen and patri-
OTIS that this country has ever produced have, on
several most interesting and vital occasions,
been employed in the examination of this
greatest of constitutional questions. This cir
cumstance most fortunately renders recurrence
to their examinations OF the first utility 10 ena-
bic US to settle this question conclusirely.
"Thare is no position" (says the xvii No. of the
FederalistO which depends on clearer principles
than that every act Of delegated authority contrary
to the tenor Of the commission under vhch is erer-
esed, is void. No legislative act, therefore, con-
trary to the Constitution be valid To deny this
would be to affirm that the deputy is greater than
his principal; that the servant above his master;
that the representatives of the people are superior
to the people themselves that actirg by virtue
posOe,s, may not only do what their powers do not
authorize, but what they forbid!
Though (says the same No.) trust the friends of
the proposed Constitution will never concur with its
enemies in questioning that fundamental principle of
republican government, which admits the right Of
the people to alter or abolish the established Consti.
tuition, whenever they End it inconsistent with their
happiness Yet it is not 10 be inferred from this
principle that the representatives of the people,
whenever momentary inclination happens TO lay
hold of majority Of their constituents incompatl-
bic with the provisions in the existing Constitution,
would thai account, be justifable in violation of
those provisions: that the courts would be under
greater obligation 10 connve at nfis actions in this
shape than achen they proceeded wholly from the ca
balls Of the representative body Until the People
have BY some solemn and authoritative act annulled
or changed the established FORM il is binding upon
no presumption, or even knowledge of their senii-
ments warrant their Representatives in a depar.
ture from it, prior to such an act"
The reasoning here applied to the Legislature,
is of equal force with regard to the Executive.
Such are the principles upon which the
friends Of the Constitution advocated its adop-
ton before the People. The 5th article points
out mode Of amendment, to the exclusion OF
all others, and the 9th article declares that
InTlhIsLI Constitution, and laws which shall
be made in pursuance thereof; and all treaties
which shall be made under the authority Of the
} the United States, shall be the supreme law OF
the land and that the members Of the Congress
of the United States, and of the several State
; Legislatures, and all Executive and Judicia
officers both of the United States and OF the
several States shall be bound by oath, or afir
r nation, TO support this Constitution. No dis
passionate. unbiased mind can possibly read
+ these articles Of the Constitution, and this com
mentary Of the Federalist upon it, but must ad
nit that it was to bind all the departments, Lee
gisative, Executive and Judicial, and that, a
the time it was adopted, i, was ratified in tht
sense that "Do act repugnant to the Constitu
tion can become the lar Of the land"
That Washington, too, believed the Const
tuition supreme and sacred and unalterable by
precedent and only to be changed by amend
ment in way which that instrument designates
is plain from the whole tenor of his life and
; from his Farewell Address.