The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-01-23

-. sonssant necessity OF scrutinizing the
acts OF each. upon the application Of any
private person. and the painful duty Of pro
nounciug judgment that these acts ars 4
departure from the law or Censtitutisn can
nave no tendency to conciliate Kindness a.
1ourish influence. II would seem. there
fore, that some additional guards would nm.
der suoa circumstances, be necessary to
protect This department from the absolute
dominion Of the others. Yet rarely have
any such guards been applied and eyerv
attempt 70 introduce them has been resist
ed with pertinacity which demonstr rates
how slow the people are TO believe that the
judiciary is the real bulwark Of their liber>
ties" IF any department Of the Govern.
ment has undue influence, or absorbing
power. il certainly has not been either the
executive or jndiciary.' f 2aastt
In addition to what has been said by these
distinguished writer's. il may also be urged
that the dominant party ia each House may.
by the expulsion Ola sufficient number oi
members. or BY the exclusion from reprs.
sentation OF requisite number Of States.
reduce The minority to less than one third.
Congress, by these. means, might be ena,
bled to pass law, the objections of the
President to the CONTRARY notwithstanding.
which would render impotent the ether
two Departments Of the Government, md
make imperative the wholesome and re.
straining power which it was intended by
the trainers OF the Constitution should bc
eIerted BY them. This s.wsuld be a prae.
tical concentration ofall power in the Con.
gress Of The United. States--ihis, in The Ian.
guage Of the author, of the Declaration of
Independence, would be " precisely the de,
fnition,of despotic Government"
Ihave preferred to reproduce these teach
ings of the great statesmen and constitu,
tional lawyers Of the early and later days
Of The Republic. rather than to rely simple
upon. an expression Of my own opinions,
We cannot too.often recur 10. Il EN-, espe-
cially at junctune like the present. Their
application TO our actual condition is 50 an.
parent. that they now come to US as a liv-
ing voice. to be listened to with mere al
tention than at any previous period OF ouI
history. We have been and are yet in the
midst Of popular commotion. The passions
aroused by great civil war are still do
minant. II is not stime favorable to thai
calm and deliberate judg ment which is tho
only sale guide when radical changes ir
our institutions are 10 be made. The mea.
sure now before me is enc Of those chan,
ges. L., initiates an nntried experiment
Tor q, people who have said, with one voice,
that il is. not Tor their good. This alone
should make Us pause /; but this il not alt
The experiment has not been tried, or s.
much as demanded by the people Of III,
sevsral States for themselves. In but foy
oE the. States has such. an. innovation beer
allowed. as giving the ballot TO the csloret
population without any other qualification
than q residence Of one year, and in mos
of Them the denial of the ballot to this ract
s absolute. aud by fundamental law places
beyond the domain Of ordinary Legislation,
In most Of those States the evil OF suc-
suffrage would be partial but. small as
would. hA. il is guarded by constitution
barriers. Here the innovation assume.
formidable proportions, which. may easil.
grow to such an extent as 10 make the whit.
population .. subordinate element in th
Douy ppibl.
Alter full deliberation upon this measure,
/ cannot bring myself, to approve i. esei
upon. lncal considerations, nor yet as the
beginnins Of an experiment on large:
scale. yield TO. no one in attachment te
that role Of general ss frrags which dly.
,ingsishea onr policy az nation. BE-
there isa limit. wisely observed hitheril
which. makes the ballot . privilege and
trust, and which.requireso oi some classes ?
time suitable Cor probation and preparaiie+
To give il indiseriminately to q rev elas,
wholly anpreparsd. BY previous habits az
opportunities, 10 perform the trust which
il to degrade it, aud, ,hnally 10 DE-
slroy its power; lor il may be safely 49,
sumrd that no polilical truth is better e,