Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-03-27

lTyJ Uub lHdI lhSJ p'o"CH' Will lhSHi 'i1
capacity for free institutions-the power to
live, not under licentious liberty, but under
the law.
tits popularity Of the Anglo-Saxon
race, and popularity of the American pco-
pie, that they are the only people who have
demonstrated their capability for self-govern-
ment-who are able to live under and in
subiection to the law. There is no other
race that can make their own laws, and then
live under the laws they have themselves
made.
The people of France have, four Or Grc
times during the present century, had the
opportunity to govern themselves, but they
have, in every instance, failed, because they
have never been able to live under theirlaws.
Look at the miserable spectacle of the South
American Republics. Do they not present
4 wretchcd parody on free institutions p
They have never been able to govern them
selves, because they have never learned to
carry out the great principle Of the people
speaking only in obedience to law.
Why, sir, we have memorable instance
of the unvillingncss of the American people
to 60 beyond the law, in the conduct of the
Puritan fathers of Massachusetts. After
the battle of Lexington, while their blood
was fevcred with the wounds Of battle
while their ears We're daily vexed with Brit
ish drums, beating their arrogant rcvcillcs
with every recurring sun, on Boston Com
mon, what did they do? They applied to
the Congress of the Confcdcracy, then as
sembled at Philadelphia, to ask their advice
as to what step they should take in the mod
Cling of their government. So tcnaciously
did they adhere to the law, so reluctant
were they to violate the law, that even in
that extremity, when their blood was up, and
the sword drawn, they paused in the SINGER
ity of their republican simplicity, and ap-
piled to the national Congress for ADVICE
twas sublime spectacle. Massachusetts,
nourished no factious disorganizers then. |
say this was sublime spectacle. 1t showed
what manner of men they were; it showed
that they were men made of the right stuff
stern, earnest mcn-of intense convic-
tions-bold, fearless, rugged as their own
granite hills, but with remarkable humili-
ty, simplicity and conservatism of character,
worthy of all admiration, above all praise.
This conduct Of the men of Massachusetts
in the olden time furnishes an example that
their descendants would not do anliss to fol-
low.
This great principle, that the will Of the
people is only potential under the law, came
under the consideration of the Supreme
Court of the United States, in case arising
out of the memorable proceedings connected
with the Dorr rebellion. In that case the
question was as to the right of the people to
speak outside of the law, or whether they
should be confined to speaking under and
through the law. We are all familiar with
the decision of the Supreme Court on that
occasion. | refer to it for the purpose Of al
luding to the position of Mr.. Webster on
that occasion; voice which Massachusetts
should always be willing to hear, as his is
the greatest name cmblazoncd On the pages
of her history Mr.. Webster in his argyll
ment in that great case, laid down the posi-
tion which I have been contcnding for, that
the voice of the people could only be heard
through the regular forms of law. But I
will let Mr.. Webster speak for himself
Men of Massachusetts,, listen to his great
voice. though dead, he yet liveth:
Mr.. Webster, in the Rhode Island case,
said:
"This being so, then follow two other
great principles of the American system:
81. The trstis, that the right of suffrage
shall be guarded, protected, and secured Il
gainst force and against fraud; and
90. The second is, that its exercise shall
be prescribed by previous law, its 1ualifica-
tions shall be prescribed by previous law,
the time and place Of its exercise shall be
prescribed by the previous law, and manner
of its exercise and under whose supervision
(always sworn officers of the law is to be
prescribed. And then again the results arc
to be certified to the central power By some
certain rule, by some known public officers,
in some clear and definite form, to the end
that two things may be done: first that eve
ry man entitled to Tote may vote; second,
that his vote may be sent forwarl and conn
ted and so he may exercise his part Of soy
crcignty in common with his fellow citizens.
SIN the exercise of political power through
representatives We know notling-wc ncv-
cr have known anything, but such an excr-
else as should take place through the prcscri-
bed forms of law. When We depart from
thai we shall wander as widely from the 4
mcrican track as the pole is from the track
! of the sun
These arc noble words they have the ring
! Of the true metal; they sound like AIassa-
/ chusctts of the oldcn time. Mr.. Webster,
on that occasion, took no new position. lie
only took that position which he struggled
for throughout life for if there was anything
peculiar in the philosophy Of Mr.. W"bSter's
craftsmanship, twas his obedience to the
law, inc,lcating mall occasions, that the will
of the people, though it is omnirotcnt, must
be will expressed under law, and by forms
of law. \ great truth; and il is in that aspect
only that We can justly say I;":r pop"H r":c
DI.
! Nuw T s,v tbis * no ncW nrincipln an,,licd