The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-01-05
[ NUMBER III.

Z
10Th of the whole population of the United
States. This extreme case is stated to
illustrate the fact, that the mere passage
OF bill by Congress is no conclusive
evidence that those who passed it represent
The majority OF the people of the United
states,or truly reflect their will. If such
an extreme case is no. likely 10 happen,
Cases that approximate il are of constant
occurrence. Ii is believed that no, a sin.
gle law has been passed since the adoption
OF the constitution, upon which all the
members elected 10 both houses haye'been
present and voted. Many Of The most
important acts which has passed Congress
have been carried BY close vote 10 thin
houses. Many instances of this nigh, be
given. Indeed, our experience proves that
many OF the most important acts of Con.
1 gross are postponed TO the last days, and
often tho last hours f session, when thew
are disposed of IN haste, aud by houses
but little exceeding the number necessary
10 form quorum.
u Besides, in most Of the States the mem.
bers Of the House of Representatives are
chosen by p!euraliiies, and not by MAORI.
lies Of all the voters in their respective
districts and it may happen tina, major.
ity of that House may be returned by q
less aggregate vote of the people than that
received by the minority.
Ii the principle insisted on be sound,
then the constitution should be so changed
, that no bill shall become law unless lifts
voted for by members representing in each
House a majority Of the whole people of
U. States. We must remodel our whole
0 system, strike down and abolish not only
e the sautary checks lodged in the Execu-
s tive brunch, but must strike out and abol.
ISL those lodged in the Senate also, and
thus practically invest the whole power Of
/, the Government III a majority Of u single
0 assembly, ina jority uncontrolled and ab.'
t soute, and which may become despotics--
To conform TO this doctrine Of the right
b Of maJoritles TO rule, independent Of Nc
s checks and Limitations Of the constitution,
e We must revolu,ioniZe our whole system.
We must destroy the constitutional com.
pact by which the several States agreed to
0 form Federal U aion, aud rush into con-
s solidation, which must end in monarchy or
I despostlsm. No one advocates such pro-
D position; and yet the doctrine maintained,
e if carried out, must lead to this result.
d One great object OF tho constitution in
: comforting upon the Presiden, qualified
e negative upon the legislation Of Congress
I was TO protect minoriies 'front.' injustice
and oppression by mojori.ics. The equal.
T lty OF their representation IN the Senate,
aud the veto power of the President, are
the constitutional guarantees which the
sme'ies States have that their rights will
be respected. Without these g1aranties
all their interests would be al the mercy
OF mulorities IN Congress representing the
large States. To the smaller and weaker
States, therefore, the preservation of this
/ power, and lis exercise upon proper occa.
slons demanding it, is of vital importance.
They ratified the constitution, and entered
into the Union, securing TO themselves an
I equal representation with the larger States:
and they agreed 10 be bound BY all laws
passed BY Congress upon the express con.
dIton, and none other, that they should DO
approved by The President, or passed, his
objections 10 the contrary notwithstanding,
by vote Of two.thlrds of both Houses
Upon this condition they have a right TO
insist, as part Of the compact to which
they gave their assent.
A bill might be passed by Congress a.
galnst the will Of the whole people of a
particular State, and against the votes of
It's Senator's and all its representatives.
However prejudicia' i, might be to the in
terest Of such State, it would be bound by
il if the President shall approve it, or it
should be passed by vote of two.lhirds
OF both Houses; but il has a right TO de.
mand that the Pfesiden, shall exercise his
constitutional power and arrest It, if his
judgment is against il. lf he surrender
this power, or fail TO exercise it in a case
where he cannot approve, it would make
his formal approval mere mockery, and
would be itself violation Of the constitu.
ion, and The dissenting State would be.
come bound by law which had not been
passed according to the sanctions Of the
constitution.
The objection to the exercise of the pe.
o power is founded upon an idea respect.
ng the popular will, which, if carried out,
would annihilate State sovereignty, and
Institute for the present Federal Govern
nent consolidation, directed by suppo.
ed numerical majority. A revolution of
he Government would be silently effected,
nd the States would be subjected to laws
, which they had never given their con-
lilutonal consent.
The Supreme Court Of the United States
invested with the power to declare, and
as declared acts Of Congress passed with
,e concurrence of the Senate, the House
Representatives.. and the approval of
10 President, to be unconstitutional and
Did; and yet none, it is presumed. can be
'und, who will be disposed to strip this
lghest judicial tribunal under the cons,i.
'lion of this acknowledged power-a pow.
necessary alike TO its Independence and
10 rights Of individuals.
For the same reason that the Executive
Ito should, according TO the doctrine
DO rendered nugatory, and be
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