New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-02-14


,,i legsla,on should be tolerated Il IS the source
of much OF the political corruption that athc,s as
THE legislator who is bat the expounder OF nelors
law for the people. should know no individual out
have regard solely TO humanity at large. "A ' sh
general laws are all that should find place on The
statute book. The extremity OF physical power
sbould be rarely called into requiston In the ADMIN
| istration Of Government The silent potent ano
reforming moral power. should be LETT IS Tar as po
sible TO administer its own government mere Is
nublic necessity for the adoption OF this principle
OF general Legislation. A republic cannot long en-
dure without it. Public virtue vii! perish IN me
! halls of special legislation. The laws nusl Ce90
10 confer privilege and become the oul"arh .! w
man rights They must be directed 70 Tue .es'fa u
! of vice and not 10 the restraint OF business An
ays Which have not natural morality tor their ioun
da,ion are the tricks Of ambuon or aEarice 10 oe-
! f-and mankind The Sovereign of the universe has
Ieeisated for Man; has stamped his laws upon MS
! moral constitution and thus PROVIDED uan neeus
nothing from human iesisiA'to" ou 'ue P'o''e0' -
/ his natural rights. .
We have thus noticed the chapter on the origin Of
| human rights and also chapter second on the tunc-
non of government. few remarks on chapter
third, on the constitution OF government and we
leave this book for the present.
The rights Of Man will be insecure as long as
there are bad men in society Hence the necessity
of central, physical arm, as well as moral and
Intellectual head, 10 restrain the wicked and protect
the good Let this not be construed into an opinion
necessary TO human happiness. This is e question
we have under consideration.
"a The power of government must reside some
where. few men in society are violently at war
with the rights of others. Nevertheless, almost all
civilized men are capable OF approaching the rules
of right The enactment and execution OF these
rules constitute the functions Of civil government
This power resides with those who are entrusted
in its exercise. The American Constitutions uni
formly declare that the people are the source of
all political power. II is both their right and duty to
discharge this high moral function IN their primary
assemblies whenever it is practicable; and when
they seem TO relinqush the power of governing, by
deegating TO State officers the exercise OF certain
public functions, they do not renounce their sover-
eighty, but are still masters OF the State, retiring
from the direct control of its affairs from motives Of
conscience only" Whenever the people directly
exercise power, there is need OF of constitution
gher intelligence and moral sense are the rule OF &C
ton This is a pure Democracy, and is confined 10
small portions of territory But great extent OF ter
ritory presents an obstacle 10 this mode and hence
power must be delegated 10 agents who must look
for their authority ia the constitution. To guard
against abuse, it becomes necessary to distribute
these powers among several departments, SO const
tuted TO check each other
A constitution is no more contract than com
mon-law power of attorney, which vests no personal
int rest in the agent 1t is appointment, an au-
thority, merely during the pleasure of the principal
The people are the principal and can make their
cons titution at pleasure Counselor Hurlbut takes
strong and substantial ground against the validity Of
any clause restraining the people in changing or
amending their constitution Any law, to be valid
must be natural or moral law, and what the people
Of one generation may deem moral law, the people
OF subsequent age may, by superior knowledge,
discover 10 be immoral. Then arises the mperious
duty TO repeal annul the law, under whatever
name il appears and any restraints incorporated In
the constitution law ITSELF absolutely null and
void nj 40 IN
be thus annihilaed. The people cannot bind them
selves 10 an irrevocable constitution neither can
they bind those who shall come after them for mo
ment after the majority has declared itself When
majority say they will have reformed consil-
tuition, they have RICH 10 it, and no power can
Justly prevent it. ~ constitutional amendment is
no more TO be dreaded than legislative act; and
in state where the population is doubled once IN
twenty years, and wealth is quadrupled in the same
period, the people outgrow their old constitution, as
certainly children do their swaddling clothes"
at is one Office of the constitution to delegate and
distribute the powers of Government. Another
Office the constitution is provide for the choice
of all public functionaries by the people.
:" Ii is entirely out OF harmony with our whole
theory OF government, 10 deny the right OF the pco
Pile 10 choose their agents. The fabric Of selfgov
ernme nj has no foundation, unless it be conceded
that the people have q right and competent
choose, In the most direct manner, every officer OF
State Admit the sovereignty of the
people, and it necessarily follows that, in every in
stance, it is their right and duty TO choose the OH
GERS of State their right because OF their supre-
macy antl their duty because Of the immense moral
interests which are stsked upon the action OF Gov
eminent. Herein the American Constitutions de-
part from the theory of rightfu government, by
providing for the appointment Of very many i'm
portant officers of State by the agents OF the people,
instead OF providing for the choice OF all officers by
the people themselves The worst corruptions
tha nt no pI,T
and this branch of government never be purified
without stripping it of patronage Let the people
resume the power of appointing Office, which they
have improperly delegated TO this department, and
they will redeem it from temptation and corrupting
infiuences-from the opportunities and brides Of
ofice.seekers--the scandal of the disappointed and
the false euogy of the gratifed applicants for Of
fetal station Let the people have direct vote
upon the choice of every officer, from the President
of the United States 10 the constable o. town
from Secretary of State 10 deputy Postmaster
and no longer cheat the true sovereigns in free
State of the best portion OF their rghtiul au-
thority, by the trick of executive appointment TO
Office
AS there can be no violation of the natural laws
without consequent evil-so q Government based
upon the principles of justice and equity, cannot
violate the law of its existence without receiving
barnard the American people are al present.
afflicted with the curse of executive patronage, for
their transgression of the fundamental principle OF
free Government.
All the features we have borrowed from the limited
monarchy of Great Britain and strangely incorpo-
rated in our constitutions, should be abrogaed.-
Our ancestors had no other source 10 look 10 for
model, and therefore, the limitations not extra
ordinary or strange Nurtured as they had been
under British law and in the British spirit il is not
surprising that their predictions were British
They thought their old constitution the best that
could be formed with safety, and eulogized the com
mon law as the perfection OF reason All bad their
doubts of the success of their experiment" and
some believed free Government would al length
merge into the British form. The debates of the
Convention that framed our Constitution, reported
/ by Madison show this. Mr. Pnckney believed this
would be the result after the lapse of considerable
/ period OF time. Mr.. Hamilton thought unfavoraby
/ OF Republican Government. Gouverneur Morris
seconded motion allowing the President TO retain
Office during good behavior. Dr.. Franklin thought
there was natural inclination in mankind 10 kingy
government, and he was apprehehsive that the Gov
eminent OF these States would end in a monorchy
EIbridge Gerry thought Democracy the worst of all
political evils, But Notwithstanding such was the
prevailipc among some nf the inHue