The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-12-15

= States We must rcmoddle our whole sys.
ten, strike down and abolish not only the
salutaiy check lodged upon the CNrcuiiv,
branch, but must strike out and abolish those
lodged IN the senate alsc, and thus practi.
calIy invest the whole power Of the govern
mcnf IN the majority IF single assembly
majority uncontrolled and absolute, and
which may become despotic To conform
to lhE doctrine ot the right Of the majority
to rule independent cf the check and limi,n
tions oi the constitution, We must revise the
whole system; we must dcs,ruw the con-
siitu'ional compact by which The several
states agreed TO form Federal Union, and
rush into consolidation which must end in
monarchy and despoti,m. No enc advo.
Gates such proposition. and yet the doc
trine maintained, if carried ont, must lead
to this result.
Que great object Of the constitution in
comforting upon the PRESIDENT qualified
| negative upon the legislation Of congress,
was to prevent the manority suffering from
: Injustice End oppression by the majority.
, Tho equality Of representation. the senate,
I ard the veto power Of the president over
( congress, are guarantees which tac smaller
have that their rights will he respected /:
/ without these guarantees. their interest
I would lie ut the mercy Of the malorttes
/ in congress representing larger states, there
fore, the preservation Of the power and its
exercise. upon proper occasions demanding
! It. IL NJ vital importance. Thcyratifcd the
constitution. and entered into the Union
securing unto themselves with larger states
( in the senate and they agreed to be bound
by the constitution ard laws framed by
congress, uron the express condition, and
,;"ue other, that they should be approved
nv the rresden'. or passed. his objections to
the rontraTT notwithstanding, by q vote Of
rot less than iwo-thirdS Of both houses.
l-pon this condition they lave n right 10 in
si,i, rs n par, Of the compact 10 which they
gave their consent.
The bill might he passed Ly Congress
against the will Of the whole rcorle of
particular state. end against the votes Of it's
senators and Of all its representatives., vet,
however prejudicial il might I've To the in.
interests Of such states. il would be bound
by il, if the president should approve IT, or
il il should be passed by avote of two thirds
ofboth hcusrsj but it has arich, 10 demand
that the president shall exercise lis rnn<ti.
tuticnal power to arrest it. II his Ot lection
is against tiff he surrender his power. or
failed In exercise IL ina case where he can.
not approve, il would make his formal ar.
prevail n mere mockery, and would he itself
violation Of the constitution and the dis.
seeming state would be compa>sod 10y n law
which had not been PASSED according 10 the
sanction of tho constitution.
The objection 20 the exercise of the veto
power is founded upon an idea respecting
the rofular viii. which, if carried our.
would annihila'e the state Scvct,icnry. and
substitute for \ pertinent federal govern.
mrut a constitution directed hy q Snrro,ed
nemercal majority 4 revolution Of the
coverarcnf would be silently affected. and
the states would be snhjrrttu laws to which
they had never given their consent.
The supreme Court of the United States
i Snvr>'ed with the power 10 declare. aud
has Declared, acts ofoongress passed with
the concurrence ofthc senate and house 81
representatives, and the approval of the
rrrSiden'-'o he unconstitutional and void:
aud yet none il is presumed, con he found
willingly dispnsen 10 strip this highest iu-
dicial tribunal under The constitution Of ac-
knowiedGed power. necessary. alike tr its
independence aud ,hr rights of individuals.
from the same reason that the executive
veto should, according to the doctrine main
tanned, be rendered nuCa'ory nnd practical
~ evruuged fIom the constitution this HOW
or Of The count shonh nl,n be rendered uu-
ca'ory. and be expnnccd, because il re-.
strains tie legislative aud executive will,
and because the exercise Of such n powcr
by the court may be regarded ms being in
conflict with the capacity Of the people in
govern themselves. Indeed there is more
necessity for striking this power Of the
court from the constitution than there is
that Of the qualified veto of the president.
because the decision Of the court !, iiual and
cannot be reversed, even though both hon
ses OF congress and The president should be
Unanimous in opposition t9it; wherein the
veto Of the president may be overruled hy
the vote Of two-thirdS of both Houses Of
CO. ,-ress, or by the people atthe polls.
II is OBVIOUS, that, 10 preserve the system
established by the Constitution. each Of the
coordinate branches Of the government
the executive, the legislature, and the iu-
dlciary-must be left IN tie exercise Of lis
appropriate powers. If the execniire, or
the judicial branch be deprived Of power
conferred upon either MS checks on the le
clsla'Ive, the preponaarance Of tine latter
VIII become dispropcrtionaie and absorbing,
and the Others impotcnt for the accomplish
'"' C'Eah'I'" aS tney were, Dv consent,
they tarmonzod together for ih. public coed.
After the executive nnd The judiciary shall be
deprived OF the constitutional powers vested in
them and of their due propot a.. the equilelri-
nm 81 The system must be destroyed by II g
consolidation of unchecked dcspotic powtr and
by n'jnrl'ie@ Of The legislative hranch.
The Executive, Legislative and judicial,
each constitute a separate coordinate de-
paitment Of the government, aud eaoh indie.
; pendent OF the others. and in the perform
ance of their respective duties under the
constitution neither can. in legislative &C.
'lon, control Others. They each act upon
theirscveralrespo nSibii,ies, in their respec.
{ tive spheres; buff the doctrines now main
tanned he correct, the executive must be.
come practically subordinate tn the lrgisla-
tnre, and the Judiciary must become sub.
ordinate TO both, and thus the whole power
OF the government would become merged
in single department. Whenever, if ever
this shall occur, our glorious system Of well
regulated sclf-Covernmcnt will cIumhlr inio
runS-to be succeeded frs, by anarchy and
finally by anarchy or despotism.
am far from believing that this doctrine
il the sentiment Of the American peaple (;
aud during the short period which remains