The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-04-07
with ahe guilt Of incapable

--- rs g III III luA l1 Nlll 80 El.L8
stained with the guilt Of iaexpiabIe
crimes. hes aaEagsb fa ss5tsas sRg go
lja When, a few weeks past, the other
branch OF nthls Assembly was in state
OF dlsorganizaiion, when the danger OF
popular commotion and ciyilstriie was
Immlnent,, when sthe people oil this
whole Union were looking to this cap
ltal with intense anxiety and suspended
breath when a single rash man or
single rash action might have occasion
ed the spilling Of torrents OF blood
then il, was that the sdisorganizers re-
ceived aid, comfort and encouragement
from the minions Of the throne. Then
it was that the full capacity Of this
odious machinery forI mischief was
disclosed To- us. Then it was made
manifest that this system Of despotism
was calculated TO act against the peo
pie in their utmost need. AS Charles
the first levied ship money without the
'aidof parliament, and relied upon his
faculty OF, levying ship money to ena-
'ble him TO dispense with that Assembly,
SO the authority Of the potentate was
proposed as a complete substitute for
that Of the people in their Assembly, al
the imminent risk of violence and civil
war. Like the unpardonable sin ia the
eyes Of the primitive christians, this
crime admits Of neither paliation nor
atonement.i b5es#9 ''ii7H9 iri3 aa
'a' We have no relations with such ne.
farious institutions, except determined
and unmitiga.ed warfare, until like that
of Amalek. their names shall be blot
ted out from underthe whole Heavens.
Gentlemen argue with their accus.
toned ingenuity, that as the taxing
power is only bestowed on this Assem-
bly, by the general grant Of legislative
authority, that as our own power is
only inferentiaI, we may delegate i,
away to whom we please. Is this ar.
gumeht sound; If granted at all, eth.
er inferentialIy or expressly,is il not
granted as legislative power? What
!argume can be advanced to sho w that
we may part with one legislative pow.
or, that would not be equally available
TO show that we might part with any
other? Senators are involved in the
absurdity Of arguing the IN bounded and
ilkmitabls natars;of the power from the
scantiness and iarrowness Of the giant.
If the taxing power is in this Assem-.
bly,, must il not be exercised in person
and not BY deputy? Are we not dep.
uties and delegates ourselves? 7'ef
The expediency Of repeating these
enactments admits OF no doubt. Itis
due to public faith tha. they should be
repealed, and adequate and 'consli,u.
tional revenue laws enacted in their
stead. We have seen in the former
part Of this report, that these enact.
ments are irreconcilably repugnant to
The constitution. The Judiciary will,
infaIlioly pronounce them
void whenever the question shall be
made. Is there any doubt Of this?--
Listen TO the voice ofAlexander Ham.
lton. in the 78th number Of the Fed.
eraist:
d'"There is no position which depends
IN clearer principles, than that every
lct Of a delegated power, contrary to
ne commission under which it is ex-
'rcised, is void. No Legislative act,
herefore, contrary to the constitution,
ian be valid. 10 deny this, would be
. affirm that the deputy is greater
han his principal; that the servant is
Ibove his tnaster; that the representa-
ives Of the people are superior to the
'eople themselves; that men acting by
'irtue of powers, qmay do not only
What their powers do not authorize,
'ut what they forbid. ssoq1pq bao1 snl /
Il"Whsre the will Of the Legislature
eclared ia its statutes, stands ia oppo-
ition TO thar Of the people declared in
he constitution, the Judge ought to be
overned by the latter rather than the
ormer. 2Theyooug shape their de-
isi6ns 0y the funJamental laws, rath-
. than by. those which are not funda-
nental." .eidU
I'VE are admonished by Senators,
hat great deiicacy oogh, to bsamani-
ssted ID speaking aof the action Of a
coordinate branch ofihe government.
'hissis uaqusstionably 'trnea But on
his Assembly devolves tho duty Of
aiming rules for the government OF the
Whole society,sthe Judiciary included.
Veare therefore compelled, at our per-
/, to employ knowledge not only Of
phat the Judiciary actually does, but a
ind of prescience OF what itmust and ;
iill do in given conjunctures. Else
owlshall we frame our regulations adj
- II ..A-.sll 1l;sz.A .4lsx1, Il ID. II