New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-18

the Sppreue Cont lone $50 decided a uuicn OF the
people themselves. u Is then 10 the ioeiM ee.
of the Convention that 90 must iook 70 nss can
so far rs the intention Of its Hsuc's -.
he carried into its construction, 'he us as
Of the Constitution. III the construction NV i,sslf
first time cop,epded for, by the party canpS n.
Democratic, lie true the apoe'les Of Dm r ',.,a
u,snt IN tbei, earliest tuistratiODs installed power,
PRACTICALLY AS irrevocshe and urespohsioo a. on
hca POWER could be- and more s%esP,p9 a'u UIV
IN lie supremacy thsn any J9uSs. ~ MsxmiIian
49,, H. c,u,ts whore records nave heen seps by tns
lesdmsn al the block, certainty no uioubsi wn,e9 a
has sseat ID the excavations ~ bumSlty ever siuou
snoh nnr. easurtd power. Why, SIR, the lntahoinS
Sc-;bss 10 the Supreme Court makes the Constitution
nothing but wax the bsnds of Judges; 1t amounts
10 r1BIiDg power Of amendment. III the Cons i'u-
ton ~ tho Court now expouods w. 10 the CONSTITUTION
We as Legislators sworn 10 support our alegianc.
is due 20 sn instrument other aud different Rom that
which suide1 those who have gone before us. But
without dwelling upon the enormiy d suca power
let me spedk OF the anomaly OF lie existence Tue
federal pohty OF this country is nothing more than
thee sgeucies: the legislative, the Executive, and
the Judi,al, all allie constituted by the people TO
do particular scs, However disguised by titles, or
defsd by sseTipdone these several departmeuts s,s
mere SCENTS on ore principal, servants of one mss
ter, acting aud beng under one commou appoint
ment, namely, the Co sttutioD of the United aies
Now ~ what sl cation OF the settled bottoms OF Geo.
lures should one Of three agents. eoeva ana identical
jr otipn 6ote,mil e. not merely for himself rs AGAINST
all too world. his powers, nut the rights and
powers Of HE co-sgeDts, tho construction ana 1ioc pi
The warrant, sna The powers, remedies ana
rpits, Of tie common princips ana tbs without es-
care sbd without appeal. Bear IN mind, III he case
en- putting, the principal is The jealous people have
| deeCribed TIE powers fang away are the srme Jnss
rescued from eternal loss by marty and war. But
SIR this oue over-metierng agent Is more marvellous
creation than have stated HIS p)DtDentis perpei
ual and Vas execaied IL blaUk tue master not know
! ng wbOte usme wOnld fill IT 81 fret nor who would
succeed wien changes should &C 'ur The O'her Two,
sf abp fltTea
! authorizing power and tney yield up their tras's
! finally 1T frequent intervals. But, rot~thstandlng
lhs The UDeoGrted snd unlimited powers Sero AL we
SIC told gwen 10 The with The rrev0caDe app)mF
| nelt Should We commiser4te as mad men, condemn
81 cnpir ale, commend as statesmen, 'he men VINO
would introduce into q State sucu arrangement "a
have surIosed Yes, SIR the rs 30 eAss9erauoa oi
tie seton imputed 10 tooee who on the 25th OF May,
| l7S7 wsh Washington at their head comm nced me
talk OF revising he old articles Of confederation. WITH
Constitution 10 devise establishing three de ladnents
Of government il asserted mat ttey cons llnte
OF Of these dspaItu ents supreme, not merely within
| its own sIle-t, but supreme N every sphere, aud
| Paramount viTtusy 70 the Constitution, and to the
iessr, ed rights If hose WHO TO ordan {. The
derar.neIt thus sted with supremacy is the ooe
removed uulest from the origin OF all political 20 yer
N this country, ire one Ieaft m sympathy with Toe
| people arc yostrained from trapping upon popular
rights by nOiiDg, that most unreliable ~ saie'
Cusrds-the fi0elity Of unwaiched human nature. IL
is Sr essentially an irresponsible power, but little
ess at best than an ogarcby ia The Republic. knoN
! there IL Il power OF Improvements il1S pdth iI lbO
ecefses o. te Constitution, but Mr. Jefferson said lt
does reach The efficiency Oi "sc4reefow. Cor
TuIt intention, sheer Ss to be demODsdaOle stbe
only hsss OF iupeact meUt decisions Con Afford, and
buman intention, ding among subeties and pretess,
has baed discOye fos fix q ousand years repeat
theD that tnis overlapping Instrumental If 40 Irr,
sror sibe existence deliRneT Cesms 10 be supposed
TO absorb all the elements of political power. Can it
be har such tbe Intention OF the ia hers OF the
| Government? Unnatural aDd ruiDous ar such per-
NeTsiou OF easOn aLd common sense would have beeo,
| in he a
il could hardly have crept into q fabric raj ed by men
who bu t. rot IN tbe gray tf ghi OF the morning. Dat
with the rays " eIshened CENTURIES streaming upon
hem In all he models IRON which they drew their
| ideas # free government, W ere d'd they nod
sn anouOly like thsl Antagonsm 10 such
! consolGa Cd powers was the rnliog glory OF
tie sId Nbce Laws ard customs they chiefly ion tsted
Monarchy sbe was, Eogard bad long been ruled by
laws MADE in the peoples PaTlisment and these la
| were omnipotnt over king. church apd sr-tocracy:
She had 30 written CuusrtutiOD; her eceleaiasoa and
rOys ITeTucsves Cattd back Tor ceOturies the h0er-
Aity # her system bad Driven uauy of Der children 70
the New NOilc; mt al uu'amabe love OF liberty COM
piled r. cosIltoo Of poPuier supremacy add right
| This e1sUple with ne glowing history, coming down
~ I'll Inheritance from psreIJs must have besD strange
" lori iucsed upon the Of coDs tntOua liberty.
| Bun air Chairman ~ this is speculation upon
W hat The Of Revolution would have been likely
| 10 do. Let Us come 10 What 10 fact they 90. Aud
here rely mainly ureo lhe records of the Fed
eTGl Convention. The cetSes Ia The Site Conventions
stto lite bgtt on the preclse point an eDdsavOrng
70 prsfent With tie Saes the query respecting the
proposed Federal nCicisry no fsr would
sleoow then oen s1vereiFn'ies ard tribunals. For
CNi toeee Inquiries OF greater
to them sn tbe earrings upon each other Oi the Fed
| eral departments In tie Fe eTal COnvsUton, tie
| case othsrwise. 1leJe, no subject ear-
| Ter engaged attention, and none received
| mere feIiOOs consideration, than the hsZ-
| aIds Of urJestIaiued am unbalanced legislative
power and The cesity of providing agairs' t. The
ctbstes recalled the fate Of the Italian republics and
| she other Ststes lcb had gone down Ia darknsss,
uL DER he tell sway Of single unchecked assemblies
EytIy OaI ger Of Unlimited COVER 10 aake laws every
objection to j. AL the evils II might occasion, were
| eiphed again aud again. Fy common accord every
sbrid o cit IeceafAry sought after and carefully
| adjusted sDo applied A r. QUO legeia we assembly
/ winch mipht check end CveITule the drst, W. the
| esIjee' ptdeIt adopted The mode Of stlec iJg
q menbe Of there bodies, the duration q their
teIlns Of Office the basis and r,riO of representa-
in tie case Of escb, all different. These dvors-
tee OF oItanzaOD III the TWO Honsss were c3Tefaiy
cOn,Iiveo il order to check by self-eouDeracOn TO-
berenl teudeIc 20 evil. The IAtare ard compost
Of The egisls0n being agreed on aud perfected,
s paWeIs came he considered, aud then the eXt.r
ns checks ~ wIi,h il might he regulated H. powers
were net Only Censd aoo guarded, bot careful dis
irib0tC between the tNO Houses 30 that each shOud
have les exclusive TespoDnbite s which might never
be Shared by the othe'. This done, anxious hoars
were sTent in providing and arranging some OnttT
posId 10 Congress. Tee 81 suggestion the veto
! power lt encountered @birNlDd of dennacia-iOD.
| II wss a. ons time proposed 10 give the Excel
tive negative upon Tie action, OF Congress
! which tLOUld be iiUa This proportion passed
| n lie Del stiVe, every SITE voting against II.
The i6ea of imposing any rein at ALL upOy legElatioD,
net with stern ttsisisIce It vas opposed SIS auti-fe-
Iubilcan WA ttgmat1ed a. 81 oil shoot OF LnOnar
| cby. 30 jealous were or fathers, lesi anything
should fastn isef upon the ConsltutOn ssvOriDg IN
the least Of enCroaehmeLt upon the democratic ole
meut Of the government And yet, Sir, how harm.
| less, bow nlthTg ho~ impOtent, Is the power,