The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-11

am aware that the public journals Of the United
States are not Al the present ume very much in the habit
OF discussing The elementary principles OF government
oui IN all their Arguments upon the great political ques
IONS which are Submitted 10 the sovereign people for
their action and decision they seem 10 assume that they
are perfectly familiar TO their readers and thoroughly
dersood BY them. If this happy state OF things does in
reality exist then is the task OF the public journalist
paralvely easy He has only to submit the
raj propositions of the different political parties OF the
country to the people, who being perfectly familiar with
the elementary principles OF stem oil government will
be able TO determine al once whether not The
proposed founded upon the great principles which
lie al the foundation OF civil institutions, and upon
which rest the future prosperity and happiness OF this
great and numerous people. Ii is very true that there
may exist in the minds OF those who are perfectly familiar
with the fundamental principles OF stem OF govern
ment wide difference OF opinion TO The fact whether
not any proposed measure will conflict with and vio
late those principles; and admitting that the proposition is
admissible under the constitution still the question of
pedlency may admit OF wide range OF discussion but il is
nevertheless true that the great OF the people
perfectly familiar WITH and thoroughly understand the
great fundamental principles OF free institutions, the
discussion OF all these questions rendered comparatively
easy There is reason, however, to fear that il
these great principles thoroughly understood by
the great mass Of the people the conductors OF
public journals would 10 suppose, they some
times overlooked and forgotten in the excitement of
OF our most important political campaigns.
The great principle which distinguishes system of
government from all others is, that the people them
selves actually the lawgvers the governors, and that the
members of the several State legislatures and OF Congress
are only the agents Of the people, acting by their authors
~ and under their, instructions II is upon this prnc
pie that the people of the several States constituting
Union have sent delegates TO conventions TO form cons
tutons limiting the powers and prescribing the duties Of
their legislative assemblies which OF binding
force until after being submitted the decision of the
people, and by them approved in the solemn FORM
The original thirteen States constituting the Union, being
separate and independent soveregntes, sent their dele
gates general convention, which formed constu
ton prescribing, limiting and clearly defining the powers
and duties OF the federal government and which of
no binding force upon any OF the States until ratified and
approved by the conventions of nine of said States,
and was, moreover, Of no binding force upon any
State until it had ratified and approved j, so that
il twelve OF the original States had ratified the
stitution and one had not, the State which had
failed or refused to ratfy the constitution would
have remained separate, independent, and sovereign
State subject in manner form to the control in
reference of the general government but would have
stood precisely the relation to The government OF
the United States the kingdom OF Great Britain
France or any other sovereign and independent nation
Of the earth These constitutions, formed ratified, and
approved in this solemn and imposing by the
States and the people, the letters OF attorney author
izing limiting and defining the powers and duties OF the
legislative assemblies OF the States and of the United
States and any action of these bodies which is not au
thorzed by their letters of attorney absolutely null and
void and of binding force whatever, because would
be contrary to the asceraned and expressed will of the
people, or the States whose agents they To guard
against the evils and oppression which might arise from
the enactment; of laws unauthorized by the constitutions
courts are established and armed with power decide
~. tituon nal nrpyp their
but as doubts may be raised 10 the true meaning and
intent OF these constitutions, however clearly and forc
bly they may be expressed, the limits OF the egsla
live power will obviously depend much upon the pot
cal feelings and preudces OF the individuals constituting
the judicial tribunals and therefore the ultimate execution
of the will of the people may be made to depend upon the
judicious exercise of the appointing power By the con
stitution OF the United States the appointment of the
Judges of the Supreme Court-the tribunal which alone
has the power decide upon the constiutonaty of any
law enacted by Congress and approved by the President
vested in the President OF the United States by and
with the advice and consent OF the Senate II the leg
latye power should unconstitutional and oppres
Awe law and the courts should sustain that law the
people would have remedy, but would be compelled
10 submit to it until they could effect its repeal by
change of their political agents and the President is
elected for term OF four, and the senator's for term of
six years the people might be subjected the most gall
ing yoke OF tyranny for series of years, before they
could excae themselves by the SLOW process provided
by the constitution Again suppose the Judges of the
courts should, unswayed by their political feelings and
invariably decide against the execution OF an
unconstitutional law when the question should come
before them cases might frequently arise in which the
people and the country would be made TO suffer all the
disastrous consequences OF the enactment OF an
tutional law, before the courts could possibly have
an opportunity of nierposng the strong OF their
power.
M 4,
to exercise it, TO enact laws which may be very unequal
unjust and yrannica in their effect and operation and
which, the time, not clearly forbidden by
the constitution authorize Justify the courts, in
the nterposon OF the judicial power, TO prevent their
execution In these the people have no remedy
but that of repeal which has already been shown be
a slow one All the evils which may arise from the
enactment of laws opposed TO the will as well the
dearest interests OF the people may be eectualy avoided
by requiring all candidates for office to make open and
full declaration OF the which they will endeavor
10 carry into effect in Of their election to the Offices
for which they are candidates, and man should be
supported for any office whose previous conduct had not
been such inspire the most implicit confidence in
his determination and ability redeem his pledges The
people should vote for measures, In no other
way the will OF the people be ascerained and il
their will is not made known, is obvious tha, cannot
be carried into effect by the members OF the Legislature,
however homes, they may be in their intentions to do
When candidate for Office refuses to make known the
measures which he will advocate of his election.
he by that ACT assumes TO be wiser and better than
the people, and to understand Their interests better