Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-01-14
they pleased, and withheld to them
selves such as they pleased.

they pleased, and withheld to them
selves such as they pleased.
In creating legislative department,
they divided it into two branches,
House of Representatives and Senate.
The House of Representatives were
to be the immediate representatives of
the people. They were elected only
for two years. Knowing the insta-
bility of republics, as Mr.. HAMILTON
expressed it, " the first to be seen, and
the last to be lamented by the philo-
sophical engineer" in the erection of
the Senate-they endeavored to give
that branch more stability, made them
more Immediately the representatives
of States-elected for six years-that
they might restrain the excuses of the
House of Representatives, and, if
need be, by their wisdom, moderation
and patriotism, protect the people
against themselves. If there are many
like Senator DRAKE, it is to be feared
this conservative check will be lost.
In the erection of the executive power,
as that power was to represent the
whole people, and to execute the laws,
they gave him almost the power of a
king, without his perOgatiyes-but as
that power might be abused-they
made him elective for a short period,
HTo the Legislature was assigned the
duty of framing laws upon just such
subjects as were specifically enume-
rated; but for greater precaution, be-
fore they could become laws, they
were required to be laid before the
executive, for his approval or disap-
prevail. As laws had to be construed,
and as legislative bodies had not the
wisdom, and could not be trusted to
sit in judgment on their own acts,
they created another department,
called the Judicial Department. As
this department had no patronage, no
power, no enmities to punish, no am
bitiOn to crafty, they were removed
from the people, that they might not
be swayed by their tumnlts, passions,
ambitions or prejudices-that they
decide uprightly and justly,
protect the Constitution, the States
and the people-the weak against the
Vaccinations, usurpations and en-
crOachments of the powerful. They
were made entirely independent of
the other departments, held their
offices for life, that, like the sun, they
move in their lofty sphere, high
above the angry elements beneath,
and decide laws without fear, favor or
affection.
To them the people look, as a safe
guard against laTlessness, oppression
md Entertainments of their constitu-
-ional rights. This security for life,
and property, is the fairest
that blooms in the garden of
liberty; and woe to those like Senator
DRAKE, who, imagining themselves
with the Omnipotence of the
Parliament, shall attempt to
their powers or destroy them.
It is said to be one of the misfortunes
# greatness to be cratic. This adage
has lost nothing of truth in its appli-
alton to Senator DRAKE. The Sen
tor, in his unchastened ambition,
whilst claiming for Congress, in the
language of BLACKSTONE, the On7niDO-
snt power Of the British Parliament,
OrgOt that it was this very claim of
.BlllipOteat POlCer to tax the colonies
n all cases whatsoever, which caused
he colonies as one man to spring to
heir feet, and respond in tones of
hundeT from Lexington and Bunker
ILL. That out Of this conflict, a new
alton was ushered into existence,
Ill-armed, who vindicated their
laims to sovereignty and nationality,
y repudiating the OmnipOtent power
( the British Parliament.
Whilst this bloody conflict was
on this side of the Atlantic,
reat and learned orators on the other
de, unterrifed by the frowns of
over, were pleading our cause with
cal, elOquence and patriotism IN
lrpassed.
Resistance to your acts was neces-
airy as it was just; and your vain
eclaration Of the oDlnipoteRce of Par
lament, and your imperious doctrine
f the necessity of submission, viii be
)und equally impotent to convince or
D enslave your fellow subjects in
america" was the heroic language of
ord CHATHAM in the House of
.ords. And Of whom EDMUND
said: "A name that keeps the
anne of this country respectable in
very other or the globe.
Clarum ct venerable nomen
jentibusg ct multum nostrae quod proderat
"urbL"
The sight Of the paintings, portraits
nd statues which adorn the halls of
ne capital, in grateful remembrance
the great deeds and noble actions
u venerated ancestors, should
ave silenced the mOnstrous doctrines
+ the Senator from Missouri.