The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1853-02-23
From ths Albany Rsgi,ier.
The Oonstitu ton and its Office.

people who are not free consists in the
presence or absence of such constitu-
ton, and this difference il as wide as the
heavens. 1t is Mt tenough that such con-
stitution should exist; to give it efica.
cy it should be regarded in fact as it is
in theory, the permanent organic law of
the land, that protects all and holds all
in subsection; above all legislatures, su-
perior to all courts, that overshadows all
institutions. and holds within its control
all the functions Of government IIisto-
ry admonishes us that republics are not
always free from oppression. Majoritics
may be as oppressive as single tyrant.
and the popular will as dcspotc as that
of an individual autocrat. Legislative
bodies, under the pressure ofexcitement
or the seductions of proAigacy, may be
as regardless of human liberty as an alb.
solutc monarchy. Unless restrained by
some fixed, permanent, overmastcring
will, freedom may easily degenerate into
license, and become but another name
for disorder and riot. Security of life,
of personal liberty, Of society-thc per-
manency of political and social insttu.
TONS the perpetuity Of the Government
itsclf-all depend upon the existence and
the regard in which is held this funda-
mental law Of the land
Wise men will always hold in the
highest possible veneration this funda.
mental organic law All who love free.
dom, and estimate at their proper value
human rights, will be careful of its pro.
scrvation. Far-secing statesmen will ad-
here to its policy and be mindful of it's
prohibitions, while all sound political mo-.
rality will inculcate,as cardinal maxim
of the social creed, a deep and abiding
veneration for its precepts, and a pro-
found and ready submission to its re-
quircments.
Legislation, even in a representative
Government, is not always wise 1t is
not always just, nor yet regardful of the
rights of the citizen. Legislative bodies
are as liable to the impulses of excite
mcnt, and as opcn to the influences of
corruption, as are any other bodies of
men and it is not therefore safe to vest
in their hands supreme power There
should be some overruling permanent
will to hold them in their proper orbit
to force them back when disposed to
wander, and stay them when disposed to
cncroach upon the rights and liberties of
the people. Such is the Office of con
stitution, emanating directly from the
people, communicated through no medi
um, but spoken by their voice directly,
as it were, from the very throne of their
power. 1t is the declaration of their fix
cd, permanent, unchanging WILL carrying
with it the full prestige of their name
and guaranteed BY tho high sanction of
their authority.
Such a constitution, its office, the rca.
sons for its adoption, the necessity for
It's faithful observance, is of much gray.
er Importance to people than the great
mass of men are apt to imagine. In truth.
it is the only sure guarantee for the pre-
servation of the rights of the citizen -
Tue ,ove ofpower is principle inherent
in mans nature, and forms prominent
element Of human character. 1t per-
vades, to greater or less extent all minds
1T exhibits itself alike in individuals and
masses Of men-it organizes political
parties--impels to riot, and gives impe-
tus to the wild career of lawless mob
it impels the march of armies, and pre-
cipltates the strife of nations This thirst
for power manifcsts itself in represen-
tative government through the legisla
ture. There is always a warfare between
that body and the people Political as
tendency is the prize aimed at, and the
adherents of party are always active for
its attainment. Popular excitement
sways its deliberations, and the wisdom
and integrity of the statesman is too of.
ten merged in the cunning and low am
bition of the demagogue. II is then
that an appeal to the power of the pre-,
determined, permanent will of the poo
pie, spoken through the constitution, re-
strains ambition, and checks the career
of profigate legislation. Its voice is
heard over all, annulling corrupt enact
ments and sweeping away invasions upon
the rights of the citizen.
an appeal, ho,eeuer, to the great char
ter Of rights can only be made through
the me'ltum Of the courts and IL is
through their frmness and incorruptiJil.
ity that the great benefit ofconstitmion-
al guarantees can be made auailaJle.
L. is the business of the courts not to
make, but to administer the law-to in
terpret, not to originate it. Their du-
ties and their powers are the creation,
too. of the constitution They dcriue
their existence as ,ccU as their aMhori-
". from It's sanctions, and are 1ua as
an,cnaJle 10 lis authority as is lie leg
stature ITSELF The Office of Judge, es.
pecially of our highest judicial tribunals.
is one of great and peculiar responsible
ity
He who holds it should not only be a
man of profound legal erudition, but of
unyielding frmness and incorrup,ible in
tegrity who can be moved by no fear
of censurc, swayed by no breath of pop
ularity;who can sit calmly amid the surg
ing elements Unpopular excitement above
the influence Of passion, and regardless
OF the frowns or favors of congregat-
cd world. 1t should be his business to
declare what the law is, and not what it
should bO With its policy or its folIies,
its wisdom or its weaknesses, he has
nothing to do. When its true meaning
is ascertained, it is his business to de.
clare and enforce it, leaving its evil to be
corrected by those whe are vested with
the power Of correcting them TIA er
scripta est should be the guiding maxim
of his official action, leaving the rcspon-
sibility and the remedy where it legiti-
mately belongs. In interpretiua IL and