The Placer herald., 1866-12-01
The Supremacy of the Constitution tho on.
ly Safeguard for the Country

ly Safeguard for the Country
In reply to a writer 10 one of the leading
New England dsiIies, of the Radical faith,
who speaks of the trial of Jefferson Davis
by court and objects thereto, saying that
ITO my mind the sovereign and victorious
majority of the people of the United States
are superior to the Constitution" the New
York Journal of Commerce argues that;
This notion is one Of the fundamental
errors of the Radical mind. 1t is impossi.
bic to reach the reason of men who believe
in this doctrine by any argument derived
from the Constitution. 1t is no use to tell
them that the Constitution was not made
by the people of one State or country, but
was maGe by various States, the ratification
by the people of each separate sovereignty
being necessary. 1t is of no use to tell
them that there is no right in any majority
Of the States to take away from minority,
even of one single State, the reserved pow
ers which that State has never voluntarily
parted with. 1t is of no avail to show them
by history, by the records of State and
United State action, that the Constitution
itself is not subject to, nor the exponent Of
tne Will cI tuo populace.
There is nothing whatever in our national
structure which establishes the majority
rule as the principle Of our government.
Were it so, what would be the fate of the
Radical party! No one preteuds that. 1t
is long since even a President Of the United
States has been elected by majority Of the
people governed. 1t is beyond question
that Of the tax-payng, native'born citizens
of the United States there is to day major.
ity of more than million against the Rad
ical party. If our Radical politicians sue.
.eed in impressing on the popular mind the
idea that the majority of the people Of the
United States have right TO rule the Uni
ted States without regard to the Constitn-
ton. thev will soon fud that disabilities
created by the will Of a minority in tempo.
rary power, will be swept to the winds. 1t
is curious bunder for lensble men to make
this doctrine that minority many make
laws disfranchsing large portion Of the
people, and then claim that they rule by
virtue of being a majority. Such an ah-
surdty will not stand the test of moments
examination: nor could the power Of a mi
nority be sustained against the majority on
any such grounds.
There is no security for a popular form OF
of government like ours when the people be
como so demoralized as to teach disregard
of constitutional guarantees. A. soon az
the doctrine is accepted that the will Of the
majority is superior to the agreements
grants, sipula,ions. law. whatever it be
called-of the Consti!ntian, just SO soon the
way is opened for anarchy and tyranny.
IF it comes, it will come like thunderbolt.
Nor will it be the tyranny of the party now
in power. That party could not hold power.
That party could not hold power for day
in the tempest that would burst upon it, 1t
holds power now only by virtue of the forms
Of our law, through the processes Of State
and national elections, which are prescribed
by State and national law. Two Senators
from Rhode Island help to give it the power
it exercises equal|ing in their votes the force
elsewhere located. of ten times the pop
uIation of that State. Remove from the
popular mind the respect for these forms
of law, these constitutional agreements for
State as we'll as popular representation 10
the government convince the people that
the majority have right to rule, and the
present power Of a Radca! Congress would
not last through the next days sunshine.
We beseech Radical men, however
sincere, to look camly at this subject, and
recognize the danger to themselves, if they
will not see the peril to the country, in this
doctrine that victorious majority have
right to override the Constitution.
INDIA-RuBBER 1YpE.-A manufactory for
making printers type of vulcanized india