Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-04-15

Y against tyranny and oppression.
! II has no; only this restriction, bat t!lr
contract: although resting upon the intcg.
'ity aud the Intelligence o.: the people, doe
10: allow t!ie majority OF mere uumbcrS
he opportunity to disregard, If they would
): ti0ugh;lcSSiy to violate the solemn o!li-
.atinu 10 nain;ain.thc limitations establish
ii lor the defense OF constitutional liberty,
rhc powers conferred upon our government
which the Constitution limits, defines and
restricts, arc ali distributed according tt
| discreet prccau::on in our system among
he ditIcren; departments Of government;
or wiSc and prudent purposes rs 8
restrain, and check upon outbreaks o.
popular viii. or popular excitement. They
ire divided among coordinate departments
Ifthc government TO operate rs CHECKS upon
bic another. in orLcr TO secure that the
constitutions! powers of the government
5hall bc cycrSisrd with calmness, drl!bcra-
:oa aG.l discretion and with duo regard
% ;ile rights of The people and to all the
-rea. interests Of the country. Sir. this Is
our lca Of American constitutions! repre-
sentative republican iibcr:y.
Well: :sir.whr is it that al! these checks and
! balances have been rcsorted to- Why did
aot orr fathers res! the liberty Of the couE-
ir:. tic rights VI the States and the rights oi
thc prop:c upon one single guaranty why
"-ai it that they did not allow them TO
itand the chances OF the overthrow Of one
| single defence against cncroachmcnt: Sir,
ihcr have built them up: one. two. three.
,0Tr. live distinct barriers. One may fail.
%wo, three. four ruay fail, and yet the ifth
may remain and be sufficient to protect the
Constitution from overthrow. Why is l!lis /:
Oar forcfathcrs. with that wise forcthought
which distinguished them iii regard To all
those matters. anticipated that the time
might come. aye. IN all probability would
cOruc, when the excitement. turbulence.
riniencc il YOU choose, incident TO all free
governments, might orcrwhcm the popular
assembly. when the liou>c Of Representa-
lives, fresh from the people by short to-
uureS, might yield to the popular clamor Of
the moment, to the excitement Of trccmcn
rouscd in regard TO any great question over
STEP the bounds OF constitutional limitation
and cncroach upon the liberties of the nj
nOritv Of tho people or upon the rights Of
the States.
And, sir. to avoid that, they erected an
other barrier, the United States Senate.
removed farther from the turmoiIS and c&-
elements and passions Of the mn!ttud".-
| a.; another harr:cr against this cn:roacn-
men; they armed the President Of the Uni
ted States with the grca; conservative veto.
! And YET another il he Supreme Court Of
| the tnitc;! State. Then thry reserved In
the pcop!c themselves, &: tho polls: the
power which after all is the great safe
guard. and one which the people. if-thcy
arc wise. will never let goa check By
which the administrators Of this entire
government must come back At last to the
people for Judgment in regard to their pub
lie conduct.
Why was all thiS: Was it the anticipa-
! ;ion OF orr forcfathcrs that the tine would
colnc when any portion OF the American
people would desert the Constitution upon
the first assanli' Was it III the con,cm-
rla;;on Of those gallant men, educated i'll
the principles Of Anglo-SaXon representa-
| tive liberty, that their descendants would
ever cone 20 that time when on the first
Assault upon the Constitution thcE would
sivc i; TIP. surrender il throw ii away
a< & wurtlicsS aud u useless thing Vow.
..;r. these barriers were erected a. an III
| jaactuu upon The part Of CUR fathers which
it will hc we'll Tor Us to heed. 1t vas an
adnon;tion u u If We are true friends Of
! free principles. ofpopular right. Of C"nSt;-
tutional liberty. ii we are hca:cn III the
popular branch Of the National Legislature,
to appeal to the Senate. Ii beaten in the
Senate: - appeal 20 the Constitutional Ex-
| ccntire veto. II that fail, 10 appeal TO the
| Supreme Court TO declare the just construc-
ton Of the charter by which all power Is
! held and withheld. And, if all fail, whcn
all these means Of protection have failed:
not 10 give up The ship, but To appeal from
the false agents Of the people from the
rai.hIess administrators of broken trusts
10 the people who conferred the trusts,
fr ON Ike servants Of the people to their
masters at the polls; and only upon the
consent Of those who framed the govern
mcnt--onlY ! upon the consent Of those for
whose benefit is powers are welded. II
welded justly. only upon their consent
agree to give up the great experiment OF
publican liberty.
Well, sir, n thc time Of the election OF
Lincoln, what had been the condition ot
things in regard To all these great depart
mcnts Of government 1; will not be pre-
tended here that the enemies of the South
hail ever been III majority i'll either
branch Of the Legislative department of
the government. 1t will not be pretended
that the Supreme Court had ever failed,
Justly and fairly. and with 4 sufficiently
Southern aspect, TO say the least Of 1t, 10
expouMd the Constitutional rights of the
South. Then i'll the Senate Of the United
States, OIL tic day Of LincO!n'S election,
! the South aHd the friends OF the South
were in majority. In the House Of Rep
rc,cntativcS on that day, the South and
the friends Of the South had control. In
the Supreme Court the South anu the
friends Of the South were IN the ascendant.
In this condition Of things, the Presidential
office was gained by the Republicans as
the result OF i party contest before the
American people. What them l:nmcd!-
aicly the cry was liIat the government had
been seized. The government. the govern
mcnt, Iir. Chairman. fear very much
that we have gotten into the habit Of eX-
:.g:cra,:ng, grossly cxaggerating the i'm.
uortancc Of the Executive office. We
have come TO attribute 20 the Presidential
o!;icc more power, more influence, and
more consideration, than justly belongs tt
it according. 10 Il fair estimate OF our sys-
ZEN. And / think see. resulting from
this, the exaggerated Importance attached
to the position Of Abraham Lincoln in The
Presidential Office. Why, sir, M opinion
Is, and has been for years, that the Prc>i.
dent is the weakest department OF the
government. |, has the duty Of disburSing
| patronage 20 hungry Office seekers, and
while there are more who want office thar
here are Offices to be bestowed, this will
alwar% Lc :. source of weakness rather
than ol power. Then undertake 10 say
that the Republican party, in the election
Of Abraham Lincoln, obtained possession
Of the weakc5; department Of the govern.
,ncut. and one Which, il anything could
lbring them 10 an un;imciy end, will have
that effect beyond 4 doubt, beyond con-
tro"ersy.
| We'll, sir, what was the duty Of The
South under these circumstances Sht