Newspapers / The Raleigh Sentinel (Raleigh, … / Jan. 9, 1867, edition 1 / Page 1
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- 4 ' '.'WIS r- 4- -A- r THE SENTINEL. BATES OF ADVEBTISIXG. -1 ' ' Ike trealatiea sf the ssmrati asakas ttsu ef the stast stolraMe saseiaat sf aavwtlsfsg la Us tats. AdvertlMssrata, eapylag th ipaoa Of 10 lioss sf saialoa type rtsss, which sail a sqaara, ws ohsrj as follows for tasortloa la the waskly : Far awe lasartloa, ' tl For two insertions, I ' Ftron asaath, -yss for two months, to For six months, 13 For ooa yssr, 10 0 JOB WORK locals with aaatasss at tbo Ssrri aat Orries. .;r-' v iiii . . 1 ' rj my 4 yau E. PEIX, tau Prtefr. TFBIia OF CBSCBIPTIOX. Tea WsxKLVSsamsils pabHshes ovary Meeds Mwaiag " rtwi-WiMLT Mi etaraavs end Ws4a4ays. Terms: fMH;,Ht7Hf,Ul4fNM, -vockly.swsyoar, la limn, taviMhlf r aata to vaa, tie Dal", UM tisH, lx swaths. l I, throe oUi, IN tlvi'j oao month, '1 M JUo 3 SEMI-WEEKLY. "I WOULD RATHER list HIC'llr THAW BB PBBSJIOBIfT"Heary Clay. 4 it VOL. 1. RALEIGH, WEDNESDAY, JANUARY 9, 1867. NO. 65. 1 , r M TIN E VETO MESSAGE OF PBESIDEXT J OIIXKON. BBTCKNINO TO THE SENATE - A BILL XXTITI.X.D MAa Aet to Begnlate the Electlre Francttlse In th DUtrlct of Colum bin." Waiiotoh, Jan. 7, 1887. T ti StMU of the Ctii btt : I lure received and cooaiilered a bill entit . 'led "An act to regulate the elective franchise in the District of Colombia,' poseed by tbe Senate oa tlM 18th. of December, ud by the House of Representative on the succeeding day. It was presented fat my approval oa the 20th. ultimo lx day after the adjournment of Coojf rem and is now returned with my objection! u tlie Senate, in vbicli House it originated. Measures having been Introduced, at the com mencement ot the first session of the present Coagru. for the eatension of the elective fran chise to person of color in tho District of Co lumbia, steps were tukon by the corporate au thortties of Wsshingtoa and Georgttown-Xo ' certain aad make Known the opinion of the people of the two citiee upon a aubject so inv mediately fleeting their welfare a a eommuni ty. The question was submitted to the people at special electioos,beld in the month of Decem ber, 166, when the qualified voters of Wash ington and Georgetown, with great unanimity ol sentiment, expre-aed themselves opposed to the roteropbjted. lfKW1"M,n. 1ft .WMegtan, ia a vote of 6,664V the largest, with but two exception, ever polled in that city only thirty Ave ballots were cast for negro uffrage: while in Georgetown, io an aggregate of 818 votes a B8mberronHderablj.jji.cmae of lite average vote at Uie fuur preceding annual elections but ' one was given in favor tif the proposed exten ion of the elective franchise. As these elections teem to have been eoadoeted with entire fair ness, the result must be accepted as a truthful expression of the opinion of the people ol the District upon tbe question which evoked it. Possessing, 0 organised community, the lame popular "right as the inhabitant of a rttste nr Territory, to make know n their will upon matters which atTuct .elf social and political condition, tbry could have selected no more ap propriate mode of mentorieliainjj Congress upon tneauhject of this bill than through the suff rage ot their qualified v.otirs Knttrely dwregardiiijl the wishes of the people of the District of I olumliia, Congress has deemtsl it right aud -XKilb-nt to pass the menu ore now nubmltte l lor my signature. It, tlu-re fore, becinnes the tluty of the Kxecutive, stand iag between the legislation of tbe one and the will ot the other, fairly exprewned, to determine whether he should approve the bill, and thus lid in placing upon the statute-books ot tbe na tion a law against which tbe people to w hom it is to apply have solemnly and with such uiinnl jnity uruU-aled, or whether he should return it with hi objections, in the hope (hat, upon re consideration, Conjjruss, scting a the represen tatives ot the iabaUtanCa of the aeat of govern- . meat, vrill permit theiw to regulate a purely local question, as to them may s tui hrt r-uiiel to their interteU and condition. Tbe District of Columbia wa ceded to the TJnited StaU by Maryland and Virginia, in or der that it might become the permaueut seat of government of the United States. Accepted M totifrSii. irt rnice became aoojeet to the "exclnsiv Irtslstion" lor which provision is made in Jthe Federal Constitution. Jt should 1 borne in mind, however, that in exercising . Uefuantion. as tha law mak ing power el the District of l'lumbia. the authority of tjie ia tiooal Legislnture is pot without limit, but that QoBgreaeia txiund to observe the letter and apiritotthe Constitution, as well in the enact ment of local laws fur the scat of government, a In legislation common to the ontire I'nion. Were it to be admitted that the right "to exer cias exclusive legislation in all ccs whatsoever,' eoaferred upon Congit as unlimited power with, in the Dhrtrtot of Columbia, title of nobility might be granted within its boundaries ; laws might be made "respecting an establishment of religion, or prohibiting the free exercise thereof; r abridging (he: freedom of speech or of the prest ; or the right ol the people peaceably to asaemble-and to petition the Government lor a redress of grievances." Despotism would thus reign t the seat ol government of a free Repub lic end; as a place of permanent residence, it would bm avoided by all who prefer the blessings af liberty to the mere emoluments of official position." : - It should also be remembered that in legislal ing for the District of Columbia, tinder the Federal Cohatitutlon, the relation of Congresa to luinhabiunts is analogous to that of a Legis lature to the people of a State, under their own local Constitution. It docs not, therefore, seem to be asking too much that, in matters pertain ing to the District, Congress should have a like respect for tire will and interests of its inhabi tant aa is entertained by a State Legislature for tbe wishes and prosperity of those for whom tbey legislate. The spirit of our Constitution and tbe genius of our Government require that, in regard to any law which is to affect and have uermesent bearing upon ft people, thlr will should exert at least a reasonable Influence npon those who are et tag n the capacity of their legislators. Would, for instanoo, the Lcgisla ture af the State of New York, or of Pcnnsyb vanla,or of Indiana, or of any State in the Union, in opposition to the expressed will ot a large ma)ority oi the people whom they were chosen to represent, -Arbitrarily tnrce , upon -tutm, -aa voters, "all persons ol the African or negro race, and make them eligible for oflice, witbont any other qualification than a certain term of resi dence within the State! In neither of the State named would the colored population, when acting together, be able to produce any great social or political result. Yet, in New York, tetora Pie the mai &fjpIor. fltust fulfil conditions that are not required of the white citixen ; in Pennsylvania the elective fran chise is restricted to white trecruen ; whllu in Indian segroea said mnlttoe are expressly ex cluded from the right , of saffrage. It hardly ms consistent witfc the rfneiprcl of irtghf and Justice that representatives of States where Offnuja fj tithM denied th colored man, or granted to him on qualifications requiring in telligence or property, should compel the people ot the District of Columbia to 'try an experi ment which their own constituents have thus far shown an unwillingness to teat tor them selves. Nor does it accord with our republican ideas that the principle of self-government should lose its force when applied to the resi dents ot the District, merely because their legis lators are not, like those ot the States, respon sible, through the ballot, to tbe people tor whom they are the law-making power. The great object of placing tbe seat of gov ernment under the exclusive legislation of Con greas, waa to secure the entire independence of the General Government from undue State in tWnce, and to enable it U discbarge, without danger of interruption or infringement of its authority, the high functions for niich it was created ly the people. For this important pur pose it was ceded to tbe Uuited States by Mary land and Virginia, ami it certainly never could have been contemplated, aa one of the objects to be'nttained by placing it under the exclusive jurindiction of Congn-Ms, that it would afford to propagandists or political parties a place for an experimental test of their principles and theo ries. While, indeed, the residents of the seat of government sr not citizens of any State, and are not thercfro allowed a voice in the electo ral college, or representation in the councils of the nation, they are, nevertheless, American cit izens, entitled aa such to every guarantee of tbe Constitution, to every benefit of tbe laws, and to every right which pertains to citizens of our common country. Tn sll matters, then, affect ing their domestic affairs, the spirit ol our dem ocratic torui of government demands that their wUhes should In) consulted and respected, and they tauqbt tofetj that, Vithoenh not permitted practically to participate in national concerns, they are nevertheless under a paternal Govern ment, rvgiudl'ul of their right, nundtul of their want, and Mlicitoua for their prosperity. It . tVulimtly coiiU-inpUtcd that all local ques tions woul I be left to their decision, at least to an extent. that would not he incompatible with the object for which Cocgreae was granted ex dative 'legislation "Vcr the seat of government. When tltc Constitution was jet under conside ration, it v. aaaumetl, by Mr. Madison, that its inhabitants would be allowed "a municipal legislature, fir local purposes, derived fiom their own mffragi s." When, for tbe firt time, Congress, in the year 1800, assembled at Wash ington. Prefidcnt Adams, in his speech at its open ing, reminded the two Houses that it was for them to consider whether the local powers over tbe District of Columbia, vested by the Consti ttttinta in rhr Congress of1 the United States, should be immediately exercised, and he asked them to "consider it as the capital of a crest nation, advancing with unexampled rapidity iq arts, in coiuineri e, in wealth, ami in population, and po-H s-ing within itself those resources which, if n it thrown away or lamentably mis directed, would s-eciire to it a long course of prosperity imil self government." Three years had itot elapu d w hen Congress was called upon to deteii'iiiK the propriety of retroceding to Maryland and Virginia the jurisdiction ot the territory which they had respectively relin quished to tne Government ot the United. State. It was urged, on tlw one hand, that exclusive jurisdiction was not necessary or use ful lo the Government ; that it deprived tbe in baliitunts of the District of their political rights; that touch of the lime of Congress was con Mimed 111 legislation pertaining to it; that its government was expensive ; that Congress waa not competent to Legislate tor the District, be cause the meinlH-rs were strangers to its local concerns ; and that it was an example of a gov ernment without representation an experiment dangeroti t tbe libertiea of the States. On tbe 'other hand, it was held, among other rca rm. afl-t stKewsft.tiyr' thrttlry tnmh tlMtactsot oension of Virginia ami Maryland, and the act of Congress accepting the grant, all con i in pint iil the exercise of excltwive legisla tion by Congress, and that its usefulness, if no its nereisity,ws interrfji from the inconvenience which was fell for want of it by the Congress of the Confederation; that the people them selves, who it was aaid had been deprived oi their political rights, had not complained and did not desire a retrocession ; that the evil might be remedied by Rising them a representation in Congress wbeifthe District should become suf ficiently populous, and in the meantime a local legislature; that if the inhabitants had not po litical light, they had great political influence; that the tronble and expense of legislating for the District would not lie great, but would diminish, und might in a great measure lv avoided by a local legislature ; and that Congress could not retrocede the -inhabitant without their consent. Continuing to live substantially ufid.f thi "taw that existed at the time of the cession, and such changes only having been made as were suggesb d by themselves, tbrpeoiite of the Distrirt have not sought, by a local legislature, that which bss generally been willingly conceded hytheCon greaa of the'Tistion. A. a general rule, sound policy requires that the Legislature should yield to the wishes of a people, when not inconsistent with the Con stitution aud the laws. The measures suited to one community might not be well adapted to the condition of another; and the persons best qualified to determine sw h questions are those v lMie interests are to be directly affected by any proposed law. In Massachusetts, for in stance, male persons are allowed to vote without regard to color, provided they possess a certain decree ot intelligence. In a population in that State of 1,231,000, there were, by the census of I860, only 9,602 persons of color; and ol the mule over twenty years of age, there were 8.0rT white to HflOi colored. By the "same ofllcinl enumeration, there were in the District of Columbia 60,74 white to 14,816 persons of the colored .race, since tnea, However, tbe pop- the colored Tace. ai ulution of the Dist and it it estimated t strict ha largel v increased. that at the present time there are nealy a hundred thousand whites to thirty thousand iwgF'-w.- iroii" tpt augmen ted numbers of the Tattef cina needs no expla nation. Contiguous to Maryland and Virginia, tho District, during the war, became a place of reJ'UKe. for t boss), who escaped from servitude,, and it is 'vet" the aMdlritf Place of a considcrtl- f bio proportion ,ot "those who sought wttnth !t in. lavry, and denied all opportonitiss for mental culture, their first knowledge of tlie Government was acquired when, by conferring upon them freedom, it became the benefactor of their race; thetest of their Capability for im provement began, when for the first time, the career of free industry and the avenues to in telligence were opened to them. Possessing these advantages buta limited time the great er number perhaps having entered the District bt Columbia during tbe later years of the war or since its termination we may well pause to inquire whether, after so brief approbation, they arc aa a class capable nf an intelligent exercise of the right of suffrage, and qualified to dis charge the duties of official position. The peo ple who are daily witnesses of their mode, ol living, and who have become familiar with the r habits of thought, have expressed the convic tion that they are not yet competent to sitvc lis electors, arjd thus Itccoine eligible fir olliee in the local governments iindi r which' they live. Clothed with the elective franchise, t tn-i r num bers, already lurjjely in xcess of the d, ninnd for labor, would he soon iiicrcits.'il !iv nn intlux from the adjoining States. Drawn from fields where employment is abundant, they would in vain seek it here, and so add to the i;m''.irr.iss ments alre.idy experienced from the ar class of idle persons congregated in the District. Hardly yet capable of lorminir correct judg ments upon the important questions tint ..('ten make the issues of a political -contest, they wild readily be made subservient to the pur poses of designing persons. While in M assa chusetts, under the census of 1800, the propor tion of white to colored males over twenty years of age was one hundred and thirty to one, here the black race constitutes nearly one-third of the entire population, w hilst the satin- cl ia urrotnnH -rhtr WsTrlrT mt TT StiTeK If'-a'Ty to change their residence at a moment's nut ice, and with all the facilitiy of a nomadic people, in order to enjoy here, after n sbni t residence, a privilege tbey find nowhere else. It is within theii power, in one year, to come into the Dis trict in such nunilicrs as to have the siipieme Control of the white race, and t govern tlnm by their own officers, and by the Xerci-c of till the municipal authority atiiong the resr, of the power of taxation over property in which they have no Interest, In Massachusetts where they have enjoyed the lienefils ot a thorough educa tional system, a qualification of intelligence is required, while here suffrage is extended to all without discrimination, as. well tu the most iu capable, who can prove a residence in the Dis trict of one year, as to those persons ot color, who, comparatively tew in number, are perman ent inhabitants, and having given evidence of merit and qnaHftcntlbn, are recognized as UH'fnl and responsible members of the community. lmpo-ed upon an unwilling people, placed, by the Constitution under the exclusive legislation of Congress, it would be viewed as an arbitrary exercise of power, and as an indication by the country of tbe purpose of Congress to compel the acceptance of negro suffrage by (lie Stales. It would engender a feeling ot opposition and hatred between the two races, which, beconiinir deep rooted and ineradicable, would prexent them from living together in a state of mutual friendliness. Carefully avoiding every mca.-urc that might tend to produce such a result, and following the clear and well ascertained popular will, we should assiduously endeavor to promote kindly relation between them, end thns. when that popular will leads tbe way, prepare fur the gradual and harmonious introduction id this new element into the political power of the country. It cannot be urged that the proposed iitni sion of suffrage in the District of Columbia is necessary to enable persons of color to protect either their interests or their rights. They stand here precisely a tbey stand iu l'enn.yl vania, Ohio, aadludiiMia. ile, as . tUtiibU.,, in all that pertain to civil rights, theru in :o- thing to distinguish this class of persons from citizens of the United States ; for they posscsa the "full and equal benefit of all laws and pro. ceedings fo'f the security of person and property as is enjoyed by white citizens,'' and are made "subject to like puniihmcut.pairs and penul ivs, and to none other, any law, statute, ordinance, regulation, or custom to the contrary notwith standing." Nor, as has been assumed, arc their suffrages necessary to aid a loyal sentiment here; for local government already exist of undoubt ed fealty to the Government, and arc sustained by communities which were among the first to testify their devotion to the Uuioo, and which , during the struggle futiihed their full quotas of men to the military service of the country. Tbe exercise of the elective franchise is the highest attribute of an American citizen, and, when guided by virtue, intelligence, patriotism, and a proper appreciation of onr institutions, j constitutes the true basia of a - democratic form -of government, in which the sovereign power is lodged in the body of the people. It influence for good necessarily depends upon tbe elevated character and patriotism of the elector, tor it exercised by persons who do not justly estimate ita value and who are indifferent as toils results, it will only serve as a mean of placing power in tbe hand of the unprincipled and ambitious, and must eventuate in tbe complete destruc tion of that liberty of which it should be the most powerful conservator. Great danger is therefore to be apprehended from an uotimely extension of the elective franchise to any new class in our country, especially when the large majority of that l, iu Wielding the power till placed in their bands cannot lie expected correctly to comprehend the duties and respon sibilities which pertain to uffiagc. Yesterday, aa it were, four millions of persons were held in a condition of slavery that had existed for gener ations; to-day they are freemen, aud are as sumed by law to be citizens. It. cannot be pre sumed, from, their previous condition pi servi tude, that, , as class, they are as well informed as to the nature of onr Government a the intelli gent foreigner who makes our land the home of Lis choice. In tho case of-the latter, neither a residence of five years, and the knowledge of our Institutions which it gives, nor attachment to tbe principle ot the Constitution, arc the only condlttoTw'npon wliichhe can be admitted" to citiiensliip! '"lie" must prove, Tn addition, a good moral character, and thus give reasonnble ground for the belief that he will be faithful to the obligation which h assumes a citiien of the BepvW'S. Wk.erP. poople-the source, of all poluicit power speak, by their juffi ages, through tho instrumentality of the ballot-box, It must be carefully goardsd againtt th control of those who are corrupt in principle and ene mies of free institutions, for it can only become to our political and social system sate conduc tor of healthy popular sentiment when kept tree from demorializiog influences. Controlled, through fraud and usurpation, by the designing, anarchy and despotism must inevitably follow. In the hands of the patriotic and worthy, our Government w ill be preserved upon the princi ple of the Constitution inherited from our fath ers. It follows, therefore, that in admitting to the ballot-box a new class of voters not qualified for tbe exercise of the olective franchise", we weaken our system of government, instead of adding to its strength and durability In returning this bill to the Senate, I deeply regret that there should lie any conflict of opin ion between the Legislative and Executive De partments of the Government in regard to meas ures that vitally affect the prosperity and peace of the country: Sincerely desiring to reconcile tbe States with one another, and tlio whole peo ple to the Government of the United States, it has been my earnest wish to co-operate with Congress in all measures having for their object a proper and complete adju-tment ot the ques tions resulting from onr Ian-civil war.- Harmo ny between the co-ordinate brunch, s of the Gov ernment, always n!'ces.-iiy for the public welfare, was nevermore ilniiandd than at the present time, and it will tln-retore be my constant aim to promote, s tar as poihle, concert of action between them The differences of opinion that have already occurred have rendered me only the more caution.!, lest the Executive should en croach upon any of the prerogatives ol Congress, oj, by exceeding, in any manner, the constitu tional limit of his duties, destroy the equilibri um -KbTctr-srmotfhr-ffsT between the several ea ordinate Departments, and which is so essential to the harmonious working of the Government. I know it has been urged that the Executive DeptrVnenf is more likely toenlarge the sphere nt iu.. acuuu.. than either of the other two branches of tbe Government, and especially in the exercise of the veto power conferred upon it hy tlie constitution. It should be remembered, however, that this power is wholly negative and conservative in its character, and was intended to operate as a check upon unconstitutional, hasty, and improvident legislation, and as a means of protection against invasions of the just powers of the Executive and Judicial Depart ments. It is remarked by Chancellor Kent that "to enact laws is a transcendent power; and, if the body that posesses it be a full and equal rep resentation of the people, there is danger of its pressing with destructive weight npon sll the othti pmis of ttnr machinery of government. It has, therefore, lieen thought necessary, by the most skillful and most experienced artists in the science of civil polity, that strong barriers should be erected for the protection and security of tbo other necessary powers of tbe Government. Nothing has been deemed more fit and expedi ent for tbe purpose than the provision that the bead ot the Executive Department should be so constituted as to secure a requisite share of in dependence, and that he should have a negative upon the passing of law; and that the judiciary power, resting on a still more permanent basis, should have the right of determining npon the validity of laws by the standard ot the Consti tution." The necessity of some check in the hands of the Executive is shown by reference to the most eminent writers upon our system ot govern ment, w ho seem to eoncur in the opinion that encroachments nre most to be apprehended Iroin the department in which all legislative potter mi) vested by the Constitution. ' Mr. .Madison, in referring to the difficulty of pro viding some practical security for each against the invasion of the others, remark that "the J .-oh wbtt iv- DisM mentis ery where extend ing tjc sphere of its activity, and drawing all power into its impetuous vortex." '"The found er of our republics seem never to hove recollected the danger from legislative usurpations, which, by assembling all power in tbe same hands, must lead to the same tyranny ns is threatened by Executive usurpations." "In a representative Republic, where the Executive magistracy is carefully limited, both in the ex tent and the duration of its power, and where the legislative power is exercised by an assem bly which is inspired by a supposed influence over the people, with an intrepid confidence in in tt own strength ; which is sufficiently nu merous to feel all the passion which actuate' a multitude, yet not so numerous as to be incapa ble of pursuing the object of its passions by means which reason prescribes it it sga nst the enterprising ambition of this department that The people ought to indulge all their jealousy and exhaust all their precaution." "The Leg Islative Department (Wives a superiority in our Governments from other circumstances. Its constitutional powers being at once more ex tensive and less susceptible of precise limits, it can with the great- facil ty mask, under com plicated and indirect measure, the encroach ments which it make on the co-ordinate de partments." "On the other side, the executive power being restrained within a narrower com pass, and Heine more simple in it nature, and tho judiciary being described by landmark still less uncertain, ptojects of usurpation by either of these departments would iinmediatelv betray and defeat themselves. Nor i thi alf. A the Legislative departmi nt alone ha access to the pockets of the pwtfda) and h-fusta soBtroi) dilutions fall discretion, and in all a prevailing influence over the pirn inner rewards of those who fill tho other departments, a dependence is thus created iu the latter which gives still greater facility to encroachment of theifofmer." "We have seen the tendency of republican gov ernments Is 'to an aggrandizement of the legisla tive at the expense of the other departments." Mr. JefTeiwon, in referring V the early Constf -f tuiiou oi ii;iiiin, uiijiwu mat, uy iia pro vision, all tho power ot government, legisla tivc, executive and judicial, resulted to the legislative bdy,. holding that "the concentra ting these in the same bands is precisely the definition of despotic government. It Will be no alleviation that these powers will lie exer cised Ity a jrturality of hands, afld not by single one. Cue hundred and seventy-three despot would surely be a oppressive as one." TAa Uule-wili it avail a that they are- chosen for ourselywt, A? elective despotiatn, , was not the Government we fought for, but one which should not only be founded on free principle, bat in which the powers ot goTernroaat should be so divided snd balanced among several bodies of our magistracy as that no one could transcend their legal limits without being ef fectually checked and restrained by the others. For this reason, that Convention which passed the ordinance of government laid it founda tion on this basis, that the Legislative, Execu tive, and Judiciary Departments should be sep arate and distinct, so that no person should 'ex ercise the powers of more than one of tbem at the same time. But no barrier was provided between these several power. The Judiciary and Executive members were left dependent on the Legislative for their subsistence In office, aad some ot them for their continuance in it. If, therefore, tbe Legislature assumes executive and judiciary powers, no opposition is likely to be made, nor, if made, can be effectual ; because, in that case, they may pot their proceedings into the form of an act of Assembly, which wil render them obligatory on the other branches. Tbey hare accordingly, in " many instances, decided right which should have been left to judiciary controversy ; and the di rection of the Executive, during tbe whole time of their session, is becoming habitual and familiar." Mr. Justice Story, in his commentaries on tho Constitution, reviews the same subject, and says : "The truth is, that the legislative power is the great and over-ruling power in every free Government." "The representatives of the people w ill watch with jealousy every encroach ment of the executive magistrate, for it trench es upon their own authority. But who shall watch the encroachments of these representa tives themselves? Will they be as Jealous of the cxWelse 6f"power"by Themselves as by others f "There are many reasons which may be assign ed for tbe engrossing influence of the legisla tive department. In the first place, its consti tutional powers are more extensive, and less I capable of being brought withio precise Hmitt man tnose oi citner or tne otner departments. The bounds ot the executive authority are easily .marked out and defined. It reaches few object, and those are known. It cannot tran scend them without being brought in contact with the other department. Laws may check and restrain and bound its exercise. The tame remarks apply with still greater force to the judiciary. 1 heir jurisdiction is, or may be, bounded to a few objects or persons; or, however general and unlimited, its operation are necessarily con fined to the mere administration of private and f ublic justice. It cannot punish without law, t cannot create controversies to act upon. It Can decide only upon rights and case a they are brought by others before it. Itean do noth ing for itself. It must do everything for others. It must obey the laws ; and if it corruptly ad ministers tbem, it is subjected to the power of impeachment. On the other band, tbe legislative power, except in the tew cases of constitutional firobibition, is unlimited. It is forever varying ts means and its ends. It govern tbe institu tions, and laws, and public policy ot the coun try. It regulates all its vast interests. It rtis poses of all Its property. Look but at th exercise of two or three branches of iu ordinary powers. It levies sll taxes ; it direct and ap propriates all supplies"; it gives the rules for the descent, distribution, and devises of all property held by individual. It controls the sources and the resources of wealth. It changes at its will the whole fabric of the law. It moulds'at its pleasure almost all tbe institu tions which give strength, and comfort, and dignity to society. In the next place, it is the direct, visible representative of the will of tire people in all the changes of time and circum stances. It ha the pride, a welt a the power of numlwrs. It is easily moved and steadily moved by tho itrong tmpuse oi popidsifiasltng snd popular odinm. It obey, without reluc tance, thi wiihes and the will of the majority for the time being. Tbe pSjth to public favor lies open by such obedience ; and it finds not only support, but impunity, in whatever meas ures the majority advises, even though they transcend the constitutional limits. It has no motive, therefore, to be jealous, or scrupulous in its own use of power ; and finds its ambition stimulated and its arm strengthened by the coun tenance and the courage of numbers. These view are not alone those of men who look with .apprehension upon the fate of republic ; but they are also freely admitted by some of., the strongest advocates for popular rights and the permanency of republican institutions." "Each department should havo a will of iu own." "Each should have its own independence secured beyond the power of U-ing taken a wit hy either or both of the others. But at the asm time th rela'ions of cbcIi . to the ulb,' er should be so strong that there should be a mutual interest to stuiain and prot;t each oth er. There should nolx only tie constitutional means, but personal motives to resist encroach ments ot one or either of the others. Thus ambition would he made to counteract ambi tion; the desire of power to check power; and the pressure of interest to balance an opposing interest." "The Judiciary is naturally, and al most necessarily, (as has teen already said,) the weakest department. It can have no means of influence by patronage. It powers can never he wielded for itself It has no command over the purse or the sword of the nation. It can neither lay taxes, nor appropriate money, nor corontswl irmire, or .appoint to office, it j never brought into contact with tbe people by constant appeal aud solicitations, and private intercoiirs.-. w hich belong to all the other de partments of government. It is seen only .in controversies, or in trial and paniahmtnta. Ita rigid justice and impartiality give it no claims 1 1 favor, however they may to respect. It stands solitary and unsupported, except by that portion of public opinion which i . Vtefeated only in the strict administration of justice, i It can raely secure the sympathy rr Zeatotissup p.Tt either ol the eXii-Huvr in- the ligialature. If they are not fas is not unfrt fluently tho ease) jealous of its or- rogatives, the aoustant neces sity of scrutinizing the acts of each, Upon the BpjiliuHtiiui of auy,privateperson,ajBdJ.he.pain. ful duty of pronouncing judgraenl .tliat, . these acl are a departure from the law or Constitu tion, can have no tendency to conciliate kind ness or nourish influence. It wouM seem there fore that soim addrttewa guatcrs wttd; un3e uch circunistanceV U necessary to protect tak department from the absolute dominion of tha other. Yet rarely have any tuch guards bees applied; and every attempt to introduce them ha been resisted with a pertinacity which de monstrate how slow the people are to believe that the judiciary U the read --bulwark ef their liberties." "If any department of the Govern ment ha undue influence, or absorbing power, it certainly ha not been either the executive or judiciary.'' In addition to what ba been ssid I y these distinguished writers, it may also be urged that tbe dominant party in each Uouse may, by tin expulsion of a sufficient number of members, " by tbe exclusion from representation of- a reqr -site number of States, reduce the minority i less than one-third. Congress, by these mesns, might be enabled to pass a law, tne; objection-, of the President to the contrary nqtwitbstsu ding, which would render impotent the other two Departments of the Government, and make inoperative the wholesome and restraining pow er which it was intended by the f turners, of the Constitution should be exerted by therm This would be a practical concentration of all power in the Congress of the United States this, in the language of the author of the Declaration of Independence, would be precisely tbe defini tion of despotic Government." I bsve preferred to reproduce these teachings of the great statesmen and constitutions! law yer of the early and later day ot tbe Repub lic, rather than to rely aimply upon an expres sion of my own opinion. We cannot too often recur to them, especially at a Juncture like the preseot Their application to our actual con dition is so apparent, that tbey now come to us as a living Voice, to be listened to with more attention than at any previous period of our history. We hav been and are yet in tbe midat of popular commotion. Tbe passions aroused by a great civil war are (till dominant, his "not a time favorable to "ual calmlsnd rTin'lbmte ' judgment which is the only afe guide when radical changes in our institution are to be 'made. Tbe measure now before me i one of those changes. It initiate an untried expert ttsnty foe av people who- have aatdf with-- on) voice, that it ia not for their good. Thi alone should make us pause; but this is not all The experiment has not been tried, or so much ss demanded by the people of the several State for themselves. In but few of tbe States has socb aa innovation been allowed as giving the ballot to the colored papulation without any other qualification than a residence of one year, and in most of them the deuial of tbe ballot to thi race i absolute, and by fundamental law placed beyond the domain of ordinary legisla tion. In moat of those States tbe evil of such suffrage would be partial ; but, small a it would be, it 1 guarded by constitutional harriets. Here the innovation assume" formidable pro portions, which may easily grow to such an ex tent as to make the white population a subor dinate element In the body politic. After full deliberation upon thi measure, I cannot bring myself to approve it, even upon local considerations, nor yet as th beginning of an experiment on a larger scale. I yield to no one in attachment to that rule of general "' frage which distinguishes our policy ss a na tion. " But there 1 a limit, wisely observed hith erto, which make the ballot a privilege and a trust, aad whichurtquirt of some chwes a time suitable for probation and preparation. To give It Indiscriminately to a new els, wholly unprepared, by previous hatiits and vpportuni tiea, tn pet limn tha trust which it demands, is to degrade it, sad finally to destroy its power ; for it may be aafely assumed that no political truth I better etablibed than thstshcK indis criminate and all-embracing exteutiott of popu lar suffrage must end at last in ita destruction. - AJSDREW JOUJiUOS. WasaiHOToji, January 8, 1887. . , w V "A Hrr A Palpable Hry." In the House cf Representatives, ea.Tlmr of Wisconsin, offered the tallowing resolution r Resolved, That tbe following resolution, in troduced into tbe House M Representative December 4, 18C3, by Hon. Tbsddeus Stevens, expresses the conviction and (ene of thi House, to wit : "Resolved, That if any person in the employment ot the United State",' tn"' either the legislative or the executive branch, Should propose to makepeace, ot should aocept, or advise tbe acceptance, ot any such proposition, on any other basis than the integrity and en tire uuity of the United States and their .Terri toriea as tbey existed at the time of the- -rebellion, h will ) guilty of a h gh criwe ;" and that Uouse bill 648 is clearly iu violation of the spirit of-caid resolution; and that the same does in fact assert or at least admit, that seces sionists and rebel Vere successful In tbe divi ding of the Union, and destroyed certal States ot the United State, a tuch in tha Union, de g railing them into territories ; and that the Hen. Thsddeus Stevens, in and by tbe Introduction and advocacy of itrid bill, nas manifested a mind and heart dialoyal to tbe Constitution ar.d the Union of tha 6 to tea as they existed at the time of the tsbellioa,.aad is guilty of tho crime specified in said resolution, and therefore deserves the reprobation of thi House, Mr. Ashley, of Ohio, objected to the introduc tion of thi rtwoiutkw. V. Mr. Eldridge aid he did not desire, to pre it, as the gentleman named in tbe resolution wss not then in his seat " (Laughter. It was laid over. ' . . ... 7 WiuttucTOK, Dcj. Jan. 1 Tbe meiaage of Governor Stutebuvy, presented to the legisla ture of this 8iste, yesterday, strongly' opposes the constitutional amendment and takes ground against it ratification. He refers favorably to the railroad enterprise of tha State eadpropo ses a StaU library, a penitentiary, ami a revis ion of the penal code In reference tq the pun ishment of negroes. He eaya, the experiifnce daring th whole part history of this State show that the aht of . t&is claa at oa. popul tiou into slavery, aa f punishment for, crime, w not only the meet salutary restraint against it commission, butlh tOrest prevention again: t Ita commission." lie recommends law s restrain ing negro immigration into the State ; questions theconstitutiooality of tie civil rights hill, and say he will elifurc .ha laws against1 ngro posacseing arma i It is asserted that Judge Advocate General Holt is the author of the VloWni article s gainst "ther upirni atr'rjecause - of ludttiMoii against military oomuiiwHMis. . . - - . General Sterling Price snd hi three daugh ters have arrived at w Orleans, from Cordova Mexico. 11 -4'1 ,41 war Til li - M I :ti 'i M 4 ' it MM -7
The Raleigh Sentinel (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 9, 1867, edition 1
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