Year: 1879




supervisor law which the Democrats are at.
tempting to repeal in order that their repeaters
may secure the electoral vote of New York for
their next presidential candidate. The speech
is very strong aud presents the dangers of
the doctrine of the right of coercion of the
Executive by the House in very clear light.
Senator Matthews said:


MIR. President, the hour is so late the session has
been so long prolonged the air of the Chamber ia 90
hot and sitting, and the bodies and the minds OF
Senators are so weary, that it seams almost like a
trespass for me to proong this discussion And vet.
sic. the circumstances the debate are such that
feel that ought not to permit the opportunity to
pass by without at least uttering my solemn protest
against the doctrines which, believe for the first
timein the political history of this country, tiud
eulosist upon this floor, and against practices which
however they may plead 10 their behalf the pre-
cedents OF othec times and of other parties, are
vicious are so hostile to the very possibility Of good
the better days of the Republic and so Violently at
war with the fundamental principles itution-
should feel myself without excuse il / permitted
them 10 pass uDnoticed.


My honorable and honorod colleague (srr Thur
mani has taken pains, at considerable length and
with much show of elaboration, to trace what he
would argue to b, the identity in spirit aud in
principle between the English constitution and the
Constitution of tae United States in respect to q
parallel which ne draws between the prerogstives of
the Commons in Parliament and the privileges of
the House of Representatives here. In England
there is no written constitution. The constitution OF
that government is unwritten 1t resides in its his
tory, which is the history of steady, gradual and
enlightened progress in the knowledge and practice
OF ree principles. 1t started out upon the theory
and the practice of that absolutism of monarchy
which resides essentially in the purity of the feudal
system. The king was not only the source OF the
honors and the offices of the kngdon n, but from his
person flowed all private rights and the adminisra-
SUn sOme oe a% between private persons And with
the history OF the races IN England thaG formed the
composite population OF that country. the tenure OF
its primary ownership by the individual person who
wore The crown and every landhOder, be he baron
or vassa, held his title BY virtue OF the services
which he owed to the king either in war or in
peace. The king, therefore, he neeied funds and
revenues from time time to maintain bis state 10
uphold his power, aud to increase mis- dignity was
only taking from those who constituted the people,
both nobinty and commons, that which upon the
theory Of the constitution his own, when he
req Tired from them grants ffom time time in ad-
dition to those incomes which ca from the
OF land in the shape of aids and taxes, But as the
spirit OF liberty awoke first In the barons who, and
not the commons, extorted from King Johu the
great charter Of liberty and at last found its way
the commons themselves, the secret Of pIwer Of
the representative principle in that country was
learned, was discovered and put in practice And
so from time to time the grant of aid, which was
necessary for the monarchy was accompanied by ex-
press conditions which either limited the use to
torted from the king Concessions deemed essential to
public and to private rights.


Mr.. President, when the founders Of our govern
ment and the trainers of our system came to lay the
foundations of our institutions, they had before
them the whole history of English liberty and they
recorded their Interpretation OF it in written docu
ment, which established the form and the frame and
the features Of that entire system of government
which in all its parts should represent the will of the
people in all the forms deemed essential for the pro-
lection and preservation Of their liberty Learning
from the people of ancient as well as of modern
times, of the political philosophers of Greece and of
Rome as well as from the writers of English history
and Of English law they established as fanda-
mental proposition on which alone constitutional
government could safely rest division OF power
among those who were to represent as agents the
people from whom the power flowed. And accord
ingly they ordained government with three co-or-
dnate powers and branches, the legislative the iu-
dicia and the executive, and far 1t was posi-
BILE to maintain their separation and entire and ab-
solute Independence OF the other consistently with


harmonious co operation n the work OF government,
upon either OF the other branches tha the 6i
should expeund and not make laws, and that the ex-
ecutive should execute the laws made by the egsla.





But the peculiarities Of our situation rendered 1t
necessary 10 go still further in this development and
differentiation OF the powers of government; for we
were not only one people in lineage in blood, in his
tory in community Of sentiment and a general


ove OF liberty, but we were people divided orig
naly into colonies, and the colonies became States
and the people had learned the value and the safety
of local government for local interests and the prob
lem was to harmonze them In system which should
delegate power nom people and States 10 govern-
ment which should represent the nation AMI ac-
cordngy when the deposi of the national legislative
power come to be male In the constitution the pop
uiar principle, the principle OF numerical majority,
the principle of Democratic absolutism was repre-
seoed IN the more Dumef GUS branch IN the election
directly Of Representatives by the people in their dis
tncts but to check the ramp4ns spirit Of an abso-
lute majority and 10 preserve the landmark OF local
liberty, the States were brought by equal repre-


entauon perpetualy into his Chamber By that SIN


e provision OF the constitution which, of all the
| provisions, is alone unamendable


Now, sir, hsviug been taught these many years the
doctrine of State rights and the value of that
tIne and the pTeciousness of it h1rItsge for our
selves and our posteiy 10 the latest generations we
| are to be tonight by the avatar and coming
apostle of modern Democracy that the power legd-
maely deposited in the constitution to overthrow the
whole of that safeguard is lodged in the numerical
majority of the whole people represented in the
House of Representatives. that this Senate instead
of representing the digntyand the power and value
of local government, is the House of Lords, to be
| deposed from the pedestal Of independent power;
and that the elected Executive who returns to the
people from whence he every four years, is the
the King to be discrowned by the represent atives OF
popular rights in the House of Representatives. that
we have no independent power; that we have sep
arate rights; that we are sitting here this morning
ouiraging the sense Of public justice by standing In
the way OF legitimate redress OF grievances the
dress OF which is conferred by the constitution upon
| the representatives OF the people What has be-
| doctrine
/ rights? What has become Of the dignity and the
| power Of local government represented in this body
| a check and restraint upon the hasty, iadvsed,
and rrnzed that by the very suppositon OF the
Constitution It was supposed might in times OF great
party aud public infect the lower Hous se?
What has become Of that specific and conservative
feature which we were wont to boast the guard OF
the national and sober liberties OF this country as
against the democratic absolutism of the maddened
populations OF continental Europe, where Exesu-
live and one Chamber was the iueal Of that perfect
| system OF giving full play and free scope and unlim-
lied license to the passions and the preJudices OF
| frenzied popuation.


bid you Senators on the other side of this Cham
ber who were wont to preach this ancient and true
doctrine, beware OF following the evil precedents
cited to you tonight by one of your number. Set a
better example; restore the model of our former
sober, orderly, and law.loviDg people. The Senate
has no right to veto bill, has right to participate
inegslaon or that is what it amounts tofor we are
told you set the seal Of approval least to these
passages and resolutions and OF legis
L
ernment. They do not consult win us as equals en-
titled to voice to be he rd, stand with them II.
need be, upon our will but be dictated to as in
teriors and subjects by virtue of the terms of the
| Constitution which makes the ultimate deposit of
that power from which there can be no cons itutoua
| appeal.


Mr.. President, it Is breach of the privileges of
this House, 1t is a violation of the dignity of this
Chamber, it is specific insult to every representa-
tive of the states who sits hero by commission from
their governors. We, forsooth, are to be compelled
| to inscribe names upon the roll of our shame.
We are to be told that laws that we believe to be
just and right and essential to the safety and ber-
ties OF the people shall erase, blot out from the
statute book under the penalty OF seeing ali the op-
eraions ot the government Stop for want of necesa
| ry supplies.


Iprotest against the doctrine; 1 repudiate 1t. 1t
is not the doctrine of the constitutional law of this
Republic 1t has no place 10 our political history.
There no warrant for it in any of our institutions
1t is an exact contradiction to the express letter Of
our fundamental law, and overthross at blow all
The test traditions Of public government in this
country. We are the equal partners of the House of