The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-25
FOR THE nApIsokIAN
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 inn
plied) can justify aud authorize the Executive
10 sign bill containing an extravagant appro-
priauon Of money, the point now TO be ex.
amined is,
Whether the duty of the Executive is full
filed Gas conlended for by Mr.. Van Buren, by
conforming to the uniform practice of the
Executive since the establishment OF the
Government, by not Directing TO apPropro,
priations on the sole ground of extravaganza,
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 S ates, form guide for the consclences
Of public servants, justifyIng them TO follow The
practice and disregard the Constitution?
OF all questions having reference TO the grand
experiment of a written, enumerated, defined,
and sacred Constitution, this unquestlonably
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
true theory of a written and sacred Consttu-
ton, will receive great light from preliminary
determination, "Whether an act repugndnt TO
the Constitution can become the lao Of the
land 2" And whether precedents are paramount
to the Constitution ilsef2 The minds of some
of the most distinguished statesmen and palri-
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
cumslance most fortunately renders recurrence
to their examinations OF the first utility to ena-
BILE US to settle this question conclusireiy
''Thare is no position" (says the lxxviii No of the
Federalist) " which depends on clearer principles
than that every act Of delegated authority contrary
10 the tenor Of the commission under ohch ii is erer-
oised, is void. No legislative act, therefore, con-
trary to the Constitution, can be valid To deny this
would be to affirm that the deputy Is greater than
his principal that the servant is above his master
that the representatives Of the people superior
to the people themselves that acting by ri tue
Of po.ge,s may not only do what their powers do not
: authorize, but what they forbid
Though (says the same MOI trust the friends Of
the proposed Constitution will never with its
enemies in Questioning that fundamental principle OF
Iepuhlican government, which admits the right of
t,l. .L.It. h.a .k ah.l
luton whenever they find il inconsistent with their
happiness. Yet it is not 10 be inferred from this
principle that the representatives Of the people,
whenever a momentary inclination happens to lay
hold of majority Of their constituents, incompatl-
bic with the provisions in the existing Cons ution,
would that account, be justGable in violstion OF
those provisions: or that the courts would be under
greater obligation TO connve at iniactions IN this
shape, than ,ohen they proceeded wholly from the ca
balls of the representative body. Until the People
have by solemn and authoritative act annulled
or changed the established form, il is binding upon
themselves collectively, as well individually and
no presumption, even knowledge of their sentl-
ments can warrant their representatives in depar
ture from il, prior 10 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 sdop-
ton before the People. The 5lh article points
out mode Of amendment, to the exclusion OF
all others, and the 9th article declares that
-IhlsLI Constitution, and laws which shall
be made in pursuance thereof aud all treaties
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 Judlcis
officers both Of the United States and Of the
several States shall be bound by OATH or afhr
nation, to support has Constitution. No dis
passionate, unbiased mind can possibly reac
these articles Of the Constitution, and this com
mentary Of the Federalist upon it, but must ad
NIT that il was to bind all the departments, lie
gislative, Executive and Judicial, and that, a
the time 1t was adopted, 1t was ratified in thu
sense that no dct repugHdnt 10 The Consfftu
ton can become The lar Of The land"
That Washington, too, believed the Consti
tuition supreme and sacred and unalterable b,
precedent and only to be changed by amend
is plain from the whole tenor of his life ant
from his Farewell Address.
"If in the opinion Of the people, the distribution o.
mod hcaton Of the constitutional powers be IN an
particular wrong, let il be corrected by amend
neni in a way which the Constitution designstes
Bui LET her be no change by usurpati0n for thoug
this, in instance, may be the instrument Of good
IT is the customary weapon by which free govern
mcnt. destroyed. The precedent must Away
greatly overbalanoe IN permanent evil any partia
or transient benefit which the use at any tim
yield"
These extracts arc conclusive nothing cal
be added to their force, and to their appropriate
application to this great question. But the grea
importance oil the subject will be ample apology
for most detailed and beautiful examination o
this question. BY a mind aLruus at harmon