, 1862-02-26

THE CONTENTION AND THE ASS.
The men who we're chosen by the People
to make 4 Constitution, still persist in their
determination to make laws for the State
And vet It cannot be denied that the dis
1inction between these two powers and
duties, is so wide end plain, that no man
could fail 10 know it, save through the /
stoHdest ignorance Or the grossest dis |
honesty. The Convention, If it has but one |
eye and that half open, cannot help seeing
this distinction; if it be blind, it could not |
fail to hear it sounded in its ears by the |
voices Of all the juziss and statesmen who
hare ever lived in the country; if it be both |
blind and deaf, and has nose half as keen |
to follow the footsteps Of right and duty as
it in pursuing the scent OF the loaycs and |
fishes, it might follow that and not 20
astray; If, bereft Of all other sources or
means Of knowledge, it only gzopcd and
felt its way blindly towards It's duty, it
could not avoid running against or stumb
Ting over this great and well known dis
tnction.
a Convention is assembled to form the
fundamental framework Of a Government;
to define the limits and boundaries within
: which all ordinary legislation must be con-
fined; to prescribe certain necessary forms
and establish such essential division Of
powers and departments as by their re-
ciprocal adjustment and balance, their mt
tual control and dependence, shall prevent,
IN the laws afterwards to be considered
and passed, any violation Or Infringement
Of the rights and privileges Of the citizens.
= No wilder notion was ever conceived than
:: that an assembly called tpgetherto prescribe
and establish. the form and limits within
which the law making power can hereafter
discharge duties, maT seize the sovereign
authority Of the State, and make or un-
:. make, set up or pull down, at once any law
it paeases. Even according to their own
admission in swearing to support the Con
stit1tion Of the United States, the Conycn-
= ton cannot go on passing acts Of ordinary
legislation That Constitution guarantees
oeRe1y State a republican form Of govern
.: ment and that form Of government is one
in which the powers Of legislation are 50
divided and set over against each other,
that the Executive, the Judicial, md the
Legislative, are distinct departments, and
the separate assent Of each is necessary to
!: the passing and enforcing of any law. 4
State government in which these three
powers are all mixed up and combined in
one body is not republican in form and
.- while any laws passed By it violate thu
Constitution Of the United States, and nj
sone is bound 10 obey them, it is also tn,
dEty Of the General Government to protcc
the people Of the State against them, b,
enforcing The guarantee to which it is sol
emily pledged.
/. In fact, 50 bare faced and high handed i
such An ;usurpation: SO in defiance Of al
reason and argument, that 1t is but vast
: Of pains to employ either against it Til
men Of the Convention act in this respect a
though their heads were turned, or the,
had lost their wits. Perhaps the red ant
ba1esGl rortent which fires the Souther,
= sky has heated their bruins and made then
mad: 1T has been often remarked tia
- when scn.e great crime has been perpeha
ted with peculiar malignity and wicked
mess; We must always hear. coon utter {
other crimes Of the same nature, to whic
thcir authors seem to hare been ipstgate
by some morbid Or insane desire Of INIT:
ton. u r. may be that the Convention
possessed. by the same evil spirit. that e1
tered into the Eebelling States, and canne
resist tie deyilish instigaton to do Il,
same dark deeds; show off its skill an
1oldness in crime: and 1iyalits great teache
: Ssand excmplar in atrocious acts of usuro.
lion, rebellion and treason But wlateyt
authority or great exampleit it may have, "
{; 2are euzr il Will 6nait better in the end, ,
: regain iits;wiitts, castout the -deEl, yield I
more to its easily bcsetting sin, but go 70
ward faithfully and diligently to do IL
work ioz which It was chosen.
&c hare heard Of an ass whose gencr
conduct IN carrying and serving his mast
=. had always been good, full as much 80
could be expected Of any beast Of burde
& 11nh once upon a time, when emnloved
carrying his owner upon some business
,::,epeci1 importance, the animal instead
miading tie rein, and going steadily I;
- ward as usual, in 4 sudden fit Of vault,
amlataonput his>oown; foot IN the stir,r
:. His master -remazking, ''H you are goi
tn fet m TIL pet f}ff steonat} n, +1,a .--,,,