The times. [volume] (Richmond, Va.) 1890-1903, 1893-03-25
ANEW pryAnruRErN LEGISLATION.


That is curious resolution offered In
the United States Senate by Mr. Call. OF
Florida. II declares that the provision
in the appropriation act providing for the
appointment OF three senators and three
representatives OF the Fifty-third Con-
grcss by the presiding officers Of the two
houses In the FIfty-second Congress to
inquire into several executive depart
ments of the Government. is In deroga-
ton Of the constitutional rights privi-
leges and prerogatives OF each house, ana
is otherwise vioiative Of the Constitution
and absolutely null and void.
In saying this is curious resolution
we do not at all mean TO say that II
the provision Of the act aimed at Is really
repugnant to the Constitution OF the
United States there is any sort OF OBJ
legation upon the Senate TO yield 1t even
the slightest obedience. 1t is an elemen-
tary principle OF our constitutional law
that an act OF the legislative body that
is in conflict with the constitution is
wholly null and void. and binds no one
In any manner whatever. All men are at
liberty TO disregard and defy such legis
lative enactment, and no injurious con-
sequence can be entaled upon any one
who does so. OF course, whoever does it.
does IT upon the risk that II may turn
out finally that he was mistaken in think
NJ 20
tuition.
II may turn out TO be the decision Of
the court OF final resort that the act is
consistent with the Constitution. where
upon the unlucky individual who has
banked everything upon his knowledge
of the case will have to bear all the
consequences Of having set at defiance the
established law Of the land. This though
is a risk which every man Of heroic
spirit will take when he believes the
rights of a freeman have been unlaw-
fully and injuriously interfered with. II
is precisely the risk which John Hampden
joyfuly took when he resisted the collec-
ton Of King Charles ship money.
The curious feature Of Mr.. Calls RESP
luton is the fact that 1t calls upon the
Senate itself TO declare the act to be
repugnant to the Constitution. and void.
The act could never have become a leg
islative act, If 1t had not first received
the sanction and approval Of that very
Senate which Is now asked 10 declare
that II is an unconstitutional act In
other words, the Senate is asked 10 de-
clare openly to the world that it has de-
ancient Anglo-Saxon. very explicit. II not
elegant, that ii has mado a fool Of itself.
We shall not argue that the Senate
ought 10 refuse to make this proclama-
ton. The case may be so fragrant hat as
honest men they may feel called upon TO
make the declaration, however humiliat-
ing, and the Senate. besides, knows bet
ter than anybody just how likely it is
to do a FOOLS act. But, so far as we
know. this is the first recorded instance
In which a member Of an official body has
ever asked that body to declare be-
fore the world that deliberate action taken
by 1t was nothing but a piece of folly.
Heretofore the world has been left to
find that fact out as 1t best could. the
body taking all the chances that arise of
the action turning out to be sound, In
spite Of the most specious and plausible
arguments against its soundness. But
confession of error is half forgiveness,
and so we leave 1t to the Senate to say
what Il should do.