The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-03-03

-. k'A' ~ PtVoCUt CUuStIluISu
!. will be democratic In two or fire,
fysars, lhave not the least doubt. Or
the other hand. the northern precinct 0
1 Milford, Storrs and Fulton townships
Surrounding the city J are getting to b,
pretty strongly tinctured with whigism
4 The scheme was a. vain and sharp
sighted attempt TO secure a presentrep D
resentation to those bankers and .m on
i Iey-lords,whose residences s niBroad wa
and Fourth and Vine streets, and il
tfaYadlse-R Row." the pickaxe and spads
have not yel entered, and TO enable
them to do their par, towards anchor.
ing the present systenyoi banking in
Ohlo 50 fast, that even ageneral upturn
ing OF our governments, by the establish
ment ol q new coDstitution,, should no,
unse..le il. ,TheJ have failed, ignobh
failed, and IL theiptfall, let Them remem
Der the4warFinq which | had occasion
to utter, on the first Monday in Decem
Der, ToucH NOT THE ELECTIVE FRAN
cHlsE! The Registry law. once thei,
darling, died long Since, from It's owr
lhelpseasnessy:an the other day, whcr
this iHeAse proposed TO bury the with
'fered carcass. there lacked one or Z COR
Iporal's guard forits escort. b
| Mr.. Speaker: A few words, il, you
please, upon kindred topic. When
understood that Judge Spencer's moth.
er was III (lhaugh not, as Iwas inform.
cd. IN immediate danger 1 did all that
any gentleman could ask. authoriz-
ed my colleague (Mr. Roedter) to say
that would waive any argument upo n
our. side--al,hough was prepared to
vindicatc our right, and we had (as had
a!ss our opponentsi employed counsel.
! 3, ne member from Geauga (Mr. Rid.
! dle) then undertook, as he had the right
to espousses the cause of the rejected
Claimants; ana i'll, his speech of six
hours, there is but one proposition
which ! deem worthy 0f notice. He
objected, with conside} fable deasee Of
plausiblity, that, one II 9use could not
disreg'oe The provisions &s The appor.
liYiment bill, because Gas lie assumed)
il Easl the Joint act Of lie two Houses s.
And naas been hril,efurged by The
repoyi of the minority Of the commit
toe or Privileges aAd Elections 6u, with
no pIassibiIilv at taF, that the Supreme
Court oDOhio is the only tribunal which
can undertake to decide an act of the
Legislature constitutional or uncons,i-
tutIonal. Now have looked in vain,
Throughout, the constitution itself, for
any such grant Of power to the Judges
of that Court. That they may refuse
to recognize the authority Of an act of
the Legislature, in certain cause or
matter depending before them. wbcre.
in John Doe is the one party and Rich.
ard Roe the other, do not mean to !
controvert; and they may even declare
their intention to decide in like manner
the future controversies o all olher.per-
sons. But the idea that our Supreme
Court has any peculiar right, by the,
constitutions, to pronounce a Judgment
generally. and binding upon other, par@I
lies than those to the record, as to the
Force. or nullity, of a statute. is the most
nonslrous idea ever promulgated in
rec community, and underea RESPONSE |
Die goyernment.; 1t would be to ereetI
IN oligarchy Of four men in Ohio, which
should override, the will of the people,
throoghtheir representatives.,
ind hold ourproperty, liberty, our lives,
wen, at arbitrary discretion. That
court derives its only power 10 this re-
.ard, and the only power q am bound
o say which It has ever assumed 10 |
xercise, from the character Of an Judi 7
:ial proceedings. If a difference falIEt
ul between tWomen their respective <
lights must be ascerlained by. the ,ap. y
of THE HIGHEST Law to, the !
uestion in hand; and the constitution, IL
eing always paramount takes fromI {
very offending statute, pro. .tQnto; its Il
igor and effect as a rule Of decision be. I
ween the parties. Should an act of u
irrespective criminal operation pass 5
he legislature, such an one as we usu- g
lly denoninate erspost facto, upon a &
uit instituted before one of our courts I,
> enforce II, all Judges must hold IL to T
Q no laD end not binding in The least. I
'hisa proppsi,ion, Mr. Speaker, a
,rgs hich sEainslst, namelyatT tTha,ian C
g Which coniravenes the parinoont n
ty of the constitution is a lnullity- r,
Sl.because courts have so decided or Z
nv so decide it, but because the sec, e
ldary must always WELD to- the pri- c.
arys hsless to4he greater,l the act Of l.
e legislature 70 the Gensiilntions BY d
hlch alone the very existenceRoi The te
glslature sjs aulhorizeds And | use al
esword, courts in the pluralsignifras B
IN faS well as forsn lor tho Gom,,an 1 ~