The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1862-07-26
THE MOUNTAIN DEMOCRAT.
=. the ConstitutAOn In the Hands Of
Its Frtends

heen better established than this; that
laws not made in pursuance Of the Con-
s,itution are void. The i,ha that under
the pressure Of some paramount necessity
Congress may pass laws not in pursuance
of the Constitution, and that thesNe laws
Impose an obligation to obey as nt!,ers do,
and may rightly lie enforced as others are,
is indicative OF the intellectual anarchy
which prevails In times Of great political
disturbance. No maxim can he 'rucr
.hNU t'';e'- 'Net eN- legislative 'rody to
pass n law which is not in conformity
with its own organic law is a rcvOlutiona-
" measure; to carry sr'ch law Into en-
ecuticn IS revolutionary act.
Congress derives all the powers 1t pos
scssrs through the Constitution, which
snumeratcs the subjects over which it has
inriSdiction. In respect TO these subjects,
Us eatxer TO legislate is supreme, except
in a few cases where to do certain things
Sa SAPreSeSS ,vr u'Uucn; Deyonu lnese II
has no power. Congress, therefore, can
transcend the Constitution in two ways .
-. ..5o.>.----e, r 49, II y LfISHiefa"
ted, and in passing laws in conformation
to its prohibitory provisions. The Con-
stitution, in the opinion of its trainers and
of tho wiScSt statesmen Of the country,
conIers upon the Government all the pow.
ers necessary or desirable for national
purposes, both in respect to subject mat
ter aud extent. Every interest of ma
,ional character is completely within its
jurisdiction, and, under the Liberal con
htruclion which has been given to that
instrument, no Legislature or Executive
of any Constitutional Government has
ever had more freedom Of action.
Members of Congress, under the press
ure Of an assumed public necessity, now
propose TO pass laws which are confessed.
" contrary to the principles Of the Goa
stitution some upon subject matters not
enumerated in that instrument; others
commanding that to he done which it cx.
prcs>ly nrbids. Such laws have been
passed aud carried into effect, aud others
are Pending, with every prospect Of their
passage, in spite of the most earnest re-
mon>trAnctS ~ the part Of those who see
the ilcyali,y and the danger Of such pro-
ceelirg>. 1t IS openly avowed that the
principles q the Constitution must he
,lisrcgarlc,l in oTdvr that the Constitu,
ton itself may be preserved; in other
words. that the Constitution must cease
10 be, in order that it may continue to lie
the supreme law Of the laHd
Ivcrly absurd n r, this proposition,
Nc rr~psse to eKaR4inc il in the light Of
the facts an,l ~ eiv.ui,c, !. Is the Con
A,itulion in danger q va. the propose,
measure, avert ANY danger With which it
l. threatened:
J. the Constitution in danger. 1t i
'nnnif,>t that the only dau:,r that rlu
accrue to the Constitution must r"ne
trom the hands of those u whom it, guar,.-
.:nnshir i, intu>ttd-tlIc panty ia power.
The existence Of the Constitution docs not
depend upon the extent ot its territorial
jurisdiction. but upon is snrre.lne>> from
violation in the country where 1t is ac.
'.cpted.
This false CRY was raised for n false
purpose. It was raised to create, as it has
created, confusion in the popular mind,
and draw away attention from the revo.
lntionary and destructive measures " hicI,
it, authors under its cover hope Ia carry
INTO effect. 1t was raised by NEE Whc
for half a generation have made no secret
Of their haired Of couStitutiOnalrcstrain
who, when out of power. denounced tn,
Constitution as the vicst 1T human pro-
ductionS, and who. now that they are ii
aud sworn to observe and defend it, seen
To turn it against Itself, and in its OWL
name work It's destruction.
Are the proposed measures calculated
10 avert any danger which may threaten
the Constitution; They are not Adj
hitting that the Constitution is put il
jeopardy by the rebellion, they are not
They are not aculated-they are not in
tended, either to protect the Constitution
or to suppress the rebellion, but to en-
danger the one and cxaSpcrate the other
There is not man in the world who cal
show that the law TO abolish slavery il
the District of Columbia or the bill t
emancipate the slaves in the Southern
States can be operative in any way to pre-
serve the Constitution.
The idea that legislative body, which
owes its existence to a written ConStitu
ton, and all the powers it has to express
donation in that instrument, can pass, il
derOgation Of its provisions, laws that cal
be enforced, is one that only could hav,
arisen in the minds Of those who, finding
1t in the way of some darling object o
ambition, were determined on its destruc
ton. Such laws can only be operative
through that which shall be equivalent tc
the humiliation Of another coordinate
branch Of the Governmcnt--theJ Judiciary
He who is injuriously affected by the op
Grafton of an unconstitutional law may
resist its Executive aud appeal to thu
Courts, which are bound by their officia
Oaths, in case the law is not in conformit,
with the Constitution, to declare it void
Unless, therefore, the Judiciary can bc
anmhilated, made recreant to its officia
obligations, or evaded, nothing but an in
crease Of OnnreSSive itiUation will he tho