Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-02-12
THE CONSTITUTION AND ITS OFFICE.

presented by our public journals to their readers
than they are In the fierce assertion of their rights
men are prone to forget their duties, and recur.
renee to first principles is always salutary:
The Importance of defined, written permanent Con,
stuon should be forgotten nor its office moderated
The difference between free people and people who
are consists in the absence of such
Constitution and this difference wide the heavens
1t is not enough that such Constitution should exist
to give it efficacy it should be respected 1t should be
regarded in is in theory, the paramount organic
law of the land that protects all and holds all in subec
ton; above all legislation superior to all courts that
overshadows all institutions and holds within its
troll all the functions Of government. History admo-
nshes that republics not always free from oppres
sion. Maorities may be oppressive single tyraDt
and the popular will despoc that Of individual
autocrat Legislative bodies, under the pressure of
element the seduetions of proHgacy may be
CARELESS of human liberty absolute monarchy.
Unless restrained by fixed permanent overmaster-
ing WILL freedom may easily degenerate into license,
and become but another for disorder and riot Sc
curily of e of property, of personal liberty of society
the permanency of political and social institutions, the
perpetuiy of the Government itseal depend upon the
existence and the regard in which held this fundamental
law of the land
Wise will always hold in the highest possible
ration this fundamental organic law. All who love free
dom, and estimate at their proper value human rights
viii be careful Of its preservation Farseeng statesmen
will adhere to its policy and be mindful of its prohibitions
while all sound political morality will inculcate as car
dina maxim of the social creed deep and abiding
ration for its precepts and profound and ready submis
sion to its requirements.
Legislation, in q representative Government, is
not always WISE is always just yet regardfu
of the rights of the citizen Legislative bodies
liable to the impulses Of excitement and open to the
corruption other bodies Of men, and
is not therefore safe in their hands supreme
power. There should be overruling permanent will
to hold them in their proper orbit to force them back
when disposed to wander and stay them when disposed
to encroach upon the rights and liberties of the people
Such is the Office of constitution emanatng directly
from the people, communicated through medium, but
spoken by their voice directly it were, from the very
throne of their power the declaration of their fixed
permanent unchanging will carrying with it the full
prestige of their NAME and guaranteed by the high
ton Of their authority
Such constitution its Office the reasons for its adop-
on the necessity for its faithful observance of much
graver Importance to people than the great of men
apt to imagine. In truth it is the only guaran-
tee for the of the rights of the citizen The
love Of power is principle inherent in mans nature and
forms prominent element of human character. 1t per-
vades, to greater less extent all minds-it exhibits
itself alike in individuals and masses of ment organizes
political partiesit impels to riot and gives impetus to
the wild of awless mob-t mpels the march of
armies and precptaes the strife Of nations This thirst
for power manests itself in representative government
through the legislature There is always warfare be-
tween that body and the people Political ascendancy is
the prize aimed at and the adherens Of party always
active for its attainment Popular excitement sways its
deberaon and the wisdom and integrity of the
man is too often merged in the cunning and low ambition
OF the demagogue 1t is then that appeal the power
OF the predetermined permanent will Of the people, spoken
through the constitution ambition and checks
the Of proaigatc Legislation Its voice is heard
over all, annuling corrupt enactments and sweeping
away invasions upon the rights of the citizen.
An appeal however to that great charter of rights can
only be made through the medium the courts and it is
through their frmness and incorrupby that the great
benefit Of guarantees be made available
1t is the business Of the courts to make but admin
lister the law-to interpret not to originate it. Their
duties and their powers the creation too of the
stituton. They derive their existence well their
authority from its sanctions, and just amenabe to
its authority is the legislature itself The Office Of
judge, especially Of highest judicial tribunals is one
of great and peculiar responsibility He who holds it
should not only be Of profound legal erudtion but
Of unyieding rmness and incompatible integrity; who
be moved by fear Of censure swaycd by breath
Of popularity; who sit calmly amid the surgng ele
ments Of popular excitement above the influence of pas
sion and regardless Of the frowns vors Of congre
gated world II should be his business to declare what
the law is and what il should be- With its policy or
its folhes its wisdom it's weaknesses he has nothing
to do. When its true meaning is ascertained it is his
business TO declare and enforce IT, leaving its evils to be
corrected by those who vested with the power Of
recting them TIA Ter scripta should be the guiding
maxim Of his official action leaving responsibility and
the remedy where it egtmately belongs In interpret
ing 1t and enforcing the constitution SUCH in peculiar
degree, should be his course.
Constitutions things solemn in their nature too
vitality important to the Of the right, Of the
CITIZEN to be lightly considered their provisions to be
evaded by sophistry They enter largely into the
great structure Of human liberty be overrode by in
genous devices FILTERED away by metaphysical sub
tetes As the authority Of the Constitution paramount
to all other authority constitutional law is paramount
to all other laws. 1t is law fixed and unchaneeable
by the power that originated ii it changes not with
the changes Of parties it is affected by revusions Of
policy and bends to popular excitement tits foreign
from the Office Of courts to weigh the wisdom Of cons
tutonal provisions. With its policy eIpedency they
have concern. What is the constitutional will is
ton for their adjudication. Having ascertancd that
they free course regardless Of
that may follow. In such discharge OF judicial duty
all good men win respect them, every true patriot who
loves his country who regards the integrity Of her nst