The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

| of Aaron BURR, ana l think il material
to stop at the threshold the citing that
case as authority and to have it denied
| to be law. The Constitution shows
that it did not intend to give the Judi
ciary that control over the Executive.
On this construction | have hitherto
acted on this shall ever act'sand main
tain it with the powers of the govern
J ment, against any control which may be
attempted by the judges, in subversion of
the independence of the Execu-
tive and the Senate within their
peculiar departments. +
have long wished for a proper occasion to
have the gratuitous opinion of Marbury
VS. Madison, brought before the public
and denounced as not law.
should be glad if, in noticing that case
you could take occasion to express the
determination Of the Executive that the
| doctrines of that case were given extra
judicially and against the law, and that
their reverse will be the rule of action
with the Executive.
ION another occasion Mr. jefferson
referred to the 'twistifcations in the case
of Marbury' and called Chief Justice
/ Marshall, who wrote it, a crafty Chief
/ Justice, who sophisticates the law TO his
mind by the turn Of his own reasoning
THAT is the President of the United
States speaking and the representatives
of the people in the House have laid it
upon this body to say that the Judiciary
shall not encroach upon the powers of the
people delegated to the Legislature.
Senators, if you uphold the principle
in White VS.. Hill and White VS.. Auditor,
you must do so only on the principle of
a miracle. Holy writ tells us that the
Creator took some dust and out of it
made a man and from that man He took
rib and made the best part of creation
woman. These judges have taken old
man Theophilus White, man they swear
they never saw, and they have by judicial
construction, converted him into seven
shellfsh commissioners. Uaughter.)
The speaker said the Constitution had
defined the powers, duties and jurisdiction
of each of the three departments. and
he added:
What we are trying to do in this
| Court of Impeachment is to find the
landmarks of the Constitution and where
the people have put the dividing line. 1t
is not a question of $S3115. AS Judge
Douglas himself has said, it is a question
of principle. Have you forgotten so soon
the campaign of 1S9S-have you so soon
! forgotten that the people were reused at
fever heat from the mountain to the sea;
that in some sections the tension was so
strong as to bring about a conflict between
| the races? And what was tt@all about
Was it not about who should elect our
| officers? How Jealous the people are of
their liberties They resent encroach-
ments and you are called upon to run
again the dividing line which line is as
plain as any dividing line of highway or
/ street n my town, but which these uen
have attempted to wipe out.
| Maj Guthrie announced that he would
not attack the doctrine Of Hoke VS.. Hen
derson, except to say that it may have
been good law when it was rendered
But since then, the government has
grown and the Constitution has been
/ changed. This fact the Respondents seem
| to have overlooked in their worship of
Hoke VS.. Henderson.
"Hoke VS. Henderson, How they ring
| the changes on it. They quote it on All
occasions and seem to have slept with ii
under their pillows. Had they been as
| diligent in hunting up what the law now
| is as they have been diligent in stretching
| and stretching and stretching the doctrine
| of Hoke VS.. Henderson to suit theQr pur-
! poses they would not be here now"
The speaker referred to the battle of
Alamance, fought for the peoples liber
ty; the Declaration of independence,
against the rule of kings; the Bill Of
Rights, promulgated at Halifax.
He read the nrst section of that docu
ment: THAT all political power is vest
/ ed in and derived from the people only"
and commenting on it, said:
That was a new doctrine to the world
Heretofore the doctrine had been that
all power was derived from the crown
He compared the above with the Bill of
Rights in our present Constitution, read
| ing section >, Article L THAT all poiiti-
cal power is vested in, and derived from,
| the people; all government of right orig
mates from the people, is founded upon
their will only, and is instituted solely
| for the good OF the whole" Touching it,
he said:
And here is sop-ething that points us
| to a conclusion: 1t is instituted solely
| for the good Of the whole people. Away
| then with the doctrine that it is insti-
| tuted for the good of the office holders.
! This court has reversed the spirit of the
| Constitution by an enlargement of the
| doctrine of Hoke VS.. Henderson. They
would have you believe that public office
is a private snap That is a modern ex-
preston, but the doctrine is modern
one, too"
| He read on--section 37:-"This numera-
tion of rights shall not be construed to
impair or deny others retained by the
people, and all powers not herein dele
gated remain with the people" Comment
ing on this, the speaker said
There is not word like that in the
old Bill of Rights of the Constitution of
| 1776 under which Hoke VS.. Henderson is
decided. | challenge them to show it.
| The doctrine of Holle VS.. Henderson was
now discussed. and he said:
THE people had been harassed by Gov
| ernors-Tryon and that crowd, until they
were tired of it, The Legislature was,
therefore, given unlimited power, reserv-
ing nothing. That is not so now You
Senators come here now bringing behind
you the reserved right Of the people
that which they have given to no other
department of government and which they
lend TO YOU only temporarily They lend
it to YOU as their servants, but when
ha