The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-06-18


stitution and, as FAR as possible, not only nullfed
the decisions of one but the provisions of the other
In the assemblage Of ilusrious citizens that framed
this great compact Of prospective empires sat Wash
ington the Father Of his Country, who stands at the
head of the heroes and patriots Of all ages and
tons Franklin, who drew the lightning from
heaven and wrested the scepne from tyrants =
Madison, the sage Of his country and the great in
strument in framing that compact; Rutledge, Pinck
ney Randolph, Mason, Ellsworth, Sherman, Lansing,
and Wilson, the Pennsylvania schoolmaster, second
only to one of his compeers in craftsmanship and
practical wisdom. We cannot enumerate all the dis
tinguished members of this illusrious band, whose
names are engraven in the hearts of their country
men, and inscribed ON the tablet of Immortality but
this is what Mr.. Madison says of them in the intro
duction to his report of their proceedings:
" But whatever may be the judgment pronounced on
the competency Of the architects of the constitution
whatever may he the destiny of the edce prepared by
them feel it duty to express my profound and solemn
conviction derived from my intimate opportunity of OBJ
serving and approaching the views of the convention
collectively and individually that there
sembly of charged with great and arduous trust
who pure in their motives, anxously
exclusively devoted 10 the object committed to
them, than the members of the federal convention
sutona system which should best supply the defects Of
that which it was to replace and best the perma
nent liberty and happiness Of their country
Yet these very men, if we are to believe the bias
phemies of the abotonists, which have been echoed
in Legislative halls and sanctioned by legislative pro
ceedings, framed a constitution which is 81 gross
violation of the law of God and the rights Of ma
ture,' and entered into compact with hell.' The
4, al
attribute that adorns and exalts nature, held
up to the execraton of their countrymen, and de-
nounced by these advocates of discretionary legis
lation in terms that would disgrace any men but
themselves.
1t must be evident to every rejecting mind, that
without the restraints of written constitution pre-
scribing the duties and limiting the powers ofegis-
laton, it will inevitably become absolute and
trollabe and by degrees concentrate within itself all
the powers of government, Legislative, executive,
and judicial. Those administrative powers it cannot
itself execute it viii prescribe to others, and thus
all the functions Of government will be concentrated
in one single branch. There win be no balance Of
power, and, as previously observed, where that is
wanting there is obstacle strong enough to arrest
the momentum of usmpaton.
s.
Il may be urged in opposition to this, that there is
little danger that Legislation viii be carried to such
extreme inasmuch as an enlightened people jeal-
Of their liberties, will inevitably interpose, and
by the exercise of their sovereignty in the choice Of
representatives correct this tendency towards mo-
nopoly of power. We have sufficient confidence in
the people of the United States to believe that such
will be the case, and that their sober second thought
viii correct the errors of the first But this is a
work of time, reflection, and experience and mean
while the mischief, though prevented in future, may
be irreparable in its consequences. We have seen,
too and we see at this moment that masses of peo-
pie are, equally with individuals, liable to be de-
ceived and mised, and if theoretically always right
very often practically wrong. We ourselves are
democrats of the old school, and of the strictest
sect; yet we cannot prevail ourselves to believe
that freedom exist, at least in civilized state of
society, in the absence of legal restraints nor any
where else under any circumstances, where there
are no obstacles to the exercise Of discretionary
power from whatever source il may be derived
That legislation when not strictly circumscribed
by organic laws, and implicitly obedient to written
constitutions directly emanatng from the sovereignty
Of the people, and previously presented for their
adoption rejection, constitutes such discretion
airy and despotic power is perfectly sefevdent and
needs no argument in proof. We see it exemplifed
at this moment in the proceedings Of the legislatures
Of Maine, Vermont, Massachusetts, New York Ohio,
and in less direct course by other States of the
Union, which, if they have not flown directly in the
face Of their constitutions and that Of the United
States, have evaded the one and by every epithet
of obloquy endeavored to destroy the sanctity of
the other Neither personal rights, the rights
of property, the supreme law, corporate fran
chises nor vested immunities, have escaped
these Legislative usurpations organic laws are
no longer sacred from perversion and innova-
tion and constitutions seem only made to be
derided eyaded or violated. When we see such
things, and that these encroachments on private
rights, personal liberty, organic laws, and written
constitutions are occurring every day before our
eyes, and what is far to be deplored, when we
see maorties of the people in these States unfolding
these legislative vioators Of laws and constitutions
we confess that at times doubt the Of our
great experiment. Such examples, if often repeated
or long persisted in cannot fail to throw the great
republic of the past first into anarchy, and next into
despotism, its first-born offspring. Already have
A.