TREASON AND DISUNION AVOWED. In 1856, as 110w, many of the leading States- | arm of southern freemen upon the Treasury and are men and editors of the Democratic party in the chives of the Government." (Applause.) Southern States uttered predictions of Disunion, The Charleston “Mercury," the recognized made arguments for Disunion and very solemn organ of the South Carolina Democracy, in a threats of Disunion in case they should be recent article says: beaten in the Presidential Electiou. Mr. Slidell, Upon the policy of dissolving the Union, of separat. Senator from Louisiana, and the particular ing the South from her northern enemies, and estabfriend and champion of Mr. Buchanan, declared ticians, and people, are a unit. lishing a southern Confederacy, parties, presses, poli There is not a single in 1856 that “if Fremont should be elected, public man in her limits, not one of her present repro the Union would be dissolved." Mr. Toombs, sentatives or senators in Congress who is not piodged to the lips in favor of disunion. Indeed, we well remem. of Georgia, said “that in such an event the ber that one of the most prominent leaders of the coöpe Union would be dissolved, and ought to be dis- ration party, when taunted with submission, rebuked the solved.". Mr. Butler, of S. C., a leading mem- thought by saying, " that in opposing secession, he only ber of the U. S. Senate and chairman of the took a step backward to strike a blow more deadly against the Union." Judiciary Committee in 1856, said: In the autumn of 1856, Henry A. Wise, then When Fremont is elected, we must rely upon what Governor of Virginia, told the people of that we have a good State Government. Every Governor of State that, the South should call the Legislature of his State together, and have measures of the South decided upon. The South could not, without degradation, submit to If they did not, and submit to the degradation, they the election of a Black Republican President. To tell would deserve the fute of slaves. I should advise my me we should submit to the election of a Black RepubliLegislature to go at the top of the drum. can, under circumstances like these, is to tell me that Virginia and the fourteen Slave States are already subju. Mr. Keitt, of S. C., made a fiery speech at gated and degraded, [cheers ;] that the southern people Lynchburgh, Va., in 1856 and in view of the are without spirit, and without purpose to defend the rights they know and dare not maintain. [Cheers ] If apprehended election of Col. Fremont, ex. you submit to the election of Fremont, you will prove claimed: what Seward and Burlingame said to be true that the South annot be kicked out of the Union. I tell you now, that 11 Fremont is elected, adherence to the Union is treason to liberty. (Loud cheers.) I During the Presidential campaign of 1856, the tell you now, that the southern man who will submit to his election is a traitor and a coward. (Enthusiastic Washington correspondent of the “New Orleans cheers.) Delta," a journal high in the confidence of the This speech was indorsed as “sound doc- Pierce administration, wrote: trine" by the Hon. John B. Floyd, of Va., now It is already arranged, in the event of Fremont's Mr. Buchanan's Secretary of War. election, or a failure to elect by the people, to call the Mr. Preston S. Brooks was complimented for Legislatures si Virginia, South Carolina and Georgia 'to concert to from his attempted (and nearly successful) assassi- Fremont can get possession of the Army and navy and nation of Senator Sumner, by an ovation at the the purse-strings of government. Governor Wise is achands of his constituents at which Senators But- rely on the President in the emergency contemplated. tively at work already in the matter. The South can ler, S. C., and Toombs, of Georgia, assisted. The question now is, whether the people of the South will The hero of the day, Mr. Brooks, made a speech sustain their leaders. on the occasion from which the following is an At a Union meeting recently held at Knos. extract; ville, Tenn., Judge Daily, formerly of Georgia, We have the issue upon us now; and how are we to made a violent southern speech, in the course of meet it? I tell you, fellow-citizens, from the bottom of which he said: my heart, that the only mode which I think available for meeting it is just to tear the Constitution of the United During the Presidential contest, Governor Wise had ad. States, trample it under foot, and form a Southern dressed letters to all the southern governors, and that Confederacy every State of which wiù be a slavehold the one to tho Governor of Florida had been shoron ing State. (Loud and prolonged cheers.) I believe it, him, in which Gov. Wise said he had an army in realas I stand in the face of my Maker ; I believe it on my ed, and asking the coöperation of those to whom he iness to prevent Fremont from tuking his seat if electresponsibility to you as your honored representative, that the only hope of the South is in the South, and wrote: that the only available means of making that hope Charles J. Faulkner, forinerly a Representaeffective is to cut asunder the bonds that tie uus to: tive ip Congress from Virginia, Chairman of the gether, and take our separate position in the family Democratic Congressional Committee, in 1856, of nations. These are my opinions. They have always been my opinions. I have been a disunionist from and now Minister to France, at recent Demothe time I could think. cratic meeting held in Virginia, over which he Now, fellow-citizens, I have told you very frankly and undisguisedly, that I believe the only hope of the presided, said: South is in dissolving the bonds which connect us with When that noble and gallant son of Virginia, Henry A. the Government-in separating the living body from Wise, declared, as was said he did in October, 1856, that the dead carcas8. If I was the commander of an aimy, if Fremont should be elected, HE WOULD SEIZE THE NAI never would post a sentinel who would not swear TIONAL ARSENAL AT HARPER'S FERRY, how few would, at that Slavery is right.". that time, have justified so bold and decided a ineasure ? I speak on my individual responsibility: If Fremont It is the fortune of some great and gifted mind* to seo bo elected President of the United States, I am for the far in adoance of their contemporarios people in their majesty rising above the luv and Liam H. Seward be elected in 1860, where is the man now leaders, taking the power into their own hands, going in our midst, who 'oould not call for the impeuchment be' concert or not by concert, and laying the strong i of a Governor of 7irginia who would silently sufer Should Wil Inat armory to pass under the control of such an Ec- the blessings of Slavery, like the religion of our Dirine ocutioo head 1 Master, to the uttermost ends of the earth; and, rebelThe Richmond Engnirer, long one of the lious and wicked as the Yankees have been, I woulu even extend it to them. leading exponents of the Southern Democracy, Whether we can obtain the Territory while the Unton in commenting ou the murderous assault on lasts, I do not know; I fear we canngt. But I would make Senator Sumner, said : an honest effort, and if we failed, I would go out of the Union, and try it there. I speak plainly, I would make a Sumner, and Sumner's friends, must be punished and si- refusal to acquire territory, because it was to be slave ter lenced Either such wretchego must be hung or put in the ritory, a cause for disunion, just as I would make the refu. penitentiary, or the South should prepare at once to quit sal to admit a new state, because it was to be a Slave State, Che Union. a cause for disunion, If Fremont is elected, the Union will not last an hour The election of Mr. Seward, or any other man of his after Mr. Pierce's term expires, party, is not, per se, justifiable' ground for dissolving the If Fremont is elected, it will be the duty of the South Union. But the act of putting the Government in the to dissolve the Union and form a Southern Confederacy. hands of men who mean to use it for our subjugation, ought Let the South present a compact and undivided front. to be resisted, even to the disruption of every tie that Jefferson Davis, U. S. Senator from Missislakes the dividing line. Let the South treat with Califor- sippi, in an address to the people of bis State, ma; and, if necessary, ally herself with Russia, with Cuba; July 6, 1859, said: and Brazil, Sevator Iverson, of Georgia, in a speech made the contingency of the election of a President on the For myself, I say, as I said on a former occasion, in to his constituents previous to the assembling of platform of Mr. Seward's Rochester speech, let the Union the second session of the 36th Congress, said : be dissolved. Let the "great, but not the greatest of evils," come. Stavery must be maintained-in the Union, if possible; out of it, if necessáry: peaceably, if we may, Mr. Clay, of Alabama, in a recent speech in forcibly if we must. the Senate, contemplating the possible defeat of In a confederated government of their own, the South his party in the coming Presidential contest, ern States would enjoy sources of wealth, prosperity, and said: power, unsurpassed by any nation on earth. No neutrality laws would restrain our adventurous sons. Our ex- I make no predictions, no promise for my State; panding policy would stretch far beyond present linnits. but, in conclusion, will only say, that if she is faithful to Central America would join her destiny to ours, and so the pledges she has made and principles she has prowould Cuba, now withheld from us by the voice and votes fessed-if she is true to her own interest and her own of Abolition enemies. honor-if she is not recreant to all that State pride, inDuring the late memorable contest for Speaker, tegrity and duty demand-she will never submit to your I will add, that unless she and all the the same Senator remarked, as follows: southern States of this Union, with perhaps but two, or, Sir, I will tell you what I would do, if I had the control at most, three exceptions, are not faithless to the pledges of the southern members of this House and the other, when they have given, they will never submit to the govern. you elect John Sherman. If I had control of the public ment of a President professing your political faith sentiment, the very moment you elect John Sherman, and elected ly your sectional majority. thus giving to the South the example of insult as well as When Mr. Clay had taken his seat, Mr. Gwin, injury, I would walk, every one of us, out of the Hallsoft of California, made a speech in which he dethis Capitol, and consult our constituents; and I would never enter again until I was bade to do so by those who clared it as “the inevitable résult that the I would counsel my constituents instantly to dissolve all of the election of a Republican President." had the right to control me. Sir, I go further than that. South would prepare for resistance in the event political ties with a party and a people who thus trample on our rights. That is what I would do. On the 24th of January, 1860, the Hon. In an elaborate speech delivered later in the Robert Toombs, of Georgia, made a violent session by the same Senator, he said: speech in the Senate, on Mr. Douglas' Resolu tion directing the Judiciary Committee to reSir, there is but one path of safety to the South; but one mode of preserving her institution of domestic Slavery; port a bill for the protection of each State and and that is a confederacy of States having no incongruous Territory against invasion from any other State and opposing elements a confederacy of Slave States or Territory. Mr. Toombs commenced his alone, with homogeneous language, laws, interests, and in- speech by the announcement that the country, stitutions. Under such a confederated Republic, with a Constitution which should shut out the approach and en was in the midst of civil war, adding, “ I feel trance of all incongruous and conflicting elements, which and know that a large body of these Senators should protect the institution from change, and keep the are enemies of my country." Mr. Toombs pro whole nation ever bound to its preservation, by an unchangeable fundamental law, the fifteen Slave štates, with ceeded in an elaborate and vituperative speech their power of expansion, would present to the world the to prove that the people of the North had viomost free, prosperous, and happy nation on the face of the lated the Constitution, by refusing to capture wide earth; Sir, with these views, and with the firm conviction which and return fugitive slaves to their masters in I have entertained for many years, and which recent events the South. have only seemed to confirm, that the “ irrepressible conflict " between the two sections must and will go on, and I feel that I have no need to pledge my poor services to Sir, I have but little more to add-nothing for myself. with accumulated speed, and must end, in the Union, with this great cause-to my country. My State has spoken the total extinction of African Slavery in the southern for herself. Nine years ago a convention of her people States, tha have announced my determination to apo met and declared that her connection with this governprove and urge the southern States to dissolve the Union ment depended upon the faithful execution of this fugitive upon the election of a Black Republican to the Presidency slave law, and her full enjoyment of equal rights in the of the United States, by a sectional northern párty, and coinmon Territories. I have shown that the one continupon a platform of opposition and hostility to southern gency has already arrived; the other wait's only the suc. Slavery. cess of the Republican party in the approaching PresidenSenator Brown, of Mississippi, in a recent tial election, I was a member of that convention, and epeech to his constituents, said: stood then and now pledged to its action. I have faith fully labored to avert these calamities. I will yet labor I want Cuba; I want Tamaulipas, Potosi, and one or until this last contingency happens, faithfully, honestly, two other Mexican States; and I want them all for the and to the best of my poor abilities. When that time same reason for the planting and spreading of sla- comes, freemen of Georgia redeem your pledge; I am very. And a footing in Central America will powerfully ready to redeem mine. Your honor is involved-your aid us in acquiring those other States. Yes; I want these faith is plighted. I know you feel a stain as a wound; countries for the spread of Slavery. I would spread your peace, your social system, your firesides are in volved. Never permit this Federal Government to I think I speak the sentiments of my own constituents ana Mr. Crawford, of Georgia, said: representative from Georgia on this floor will ever submit cent speech, says that “there are hundreds of (Renewed applause and hisses.) The most condisunionists in the South now, where there was .ding of them ad are, sir, for "equality in the Union or not one ten years ago,” and that in some of the independence out of 'it;" having lost all hope in the former, I am for “ INDEPENDENCE NOW AND INDEPENDENCE States the men who would willingly see the PORRVER !" Union dissolved are in the majority. In con Mr. Gartrell, of the same State, said : sidering the proper cause for disunion, Mr. Just so sure as the Republican party succeeds in electClingman continues : ing a sectional man, upon their sectional, Anti-Slavery In my judgment, the election of the Presidential can: my people, just so sure, in my judgment, the time will platform, breathing destruction and death to the rights of didate of the Black Republican party will furnish that have come when the South must and will take an unmiscause. No other “overt act” can so imperatively demand re dallies is a dastard, and he who doubts is damned.". I takable and decided action, and that then, “he who sistance on our part as the simple election of their candi. need not tell what I, as a Southern man, will do I think date. Their organization is one of avowed hostility, and I may safely speak for the masses of the people of Georgia they come against us as enemies. -that when that event happens, they, in my judgment, The objections are not personal merely to this Senator will consider it an overt act, a declaration of war, and (Mr. Seward), but apply equally to any member of the meet immediately in convention, to take into considera. party elected by it. It has, in fact, been suggested that, tion the mode and measure of redress. That is ny posias a matter of prudence, for the first election they should tion; and if that be treasun to the Government, make the choose a southern free-soiler. Would the Colonies have most of it. submitted more willingly to Benedict Arnold than to Lord Cornwallis! Mr. McRae, formerly Governor of Mississippi, Mr. Curry, of Alabama, a member of the recently spoke in that body as follows: now a member of the House of Representatives, House of Representatives, in a recent speech, I said to my constituents, and to the people at the says: capital of my State, on my way here, that if such an However distasteful it may be to my friend from New event did occur, while it would be their duty to determine York (Mr. Clark), however much it may revolt the public the course which the State would pursue, it would be my sentiment or conscience of this country, I am not ashamed privilege to counsel with them as to what I believed to be or afraid publicly to avow that the election of William H. the proper course; and I said to them, what I say now, Seward or Salmon P. Chase, or any such representative of and will always say in such an event, that my counsel the Republican party, upon a sectional platform, ought to would be to take independence out of the Union in prebe resisted to the disruption of every tie that binds this ference to the loss of constitutional rights, and conseConfederacy together. " (Applause on the Democratic quent degradation and dishonor in it. That is my posie side of the House.) tion, and it is the position which I know the Democratic Mr. Pugh, of the same State, made a speech party of the State of Mississippi will maintain. in the House, in which he said: Mr. De Jarnette, a member of the House from Virginia, says: If, with the character of the Government well defined, and the rights and privileges of the parties to the compact Thus William H. Seward stands before the country a clearly asserted by the Democratic party, the Black Re- perjured traitor; and yet that man, with hands stained publicans get possession of the Government, then the with the blood of our citizens, we are asked to elect Prequestion is fully presented, whether the Southern States sident of the United States. You may elect him President will remain in the Union, as subject and degraded color of the North, but of the South never. Whatever the nies, or will they withdraw and establish a Southern Con- event may be, others may differ; but Virginia, in view federacy of coëqual homogeneous sovereigns ? of her ancient renown, in view of her illustrious dead, In my judgment, the latter is the only course compati- and in view of her sic semper tyrannis, will resist his ble with the honor, equality, and safety of the South; and authority. I have done. the sooner it is known and acted upon the better for all Mr. Leake, also of Virginia, declares : parties to the compact. The truest conservatism and wisest statesmanship de Virginia has the right, when she pleases, to withdraw mand a speedy termination of all association with such from the Confederacy. (Applause from the Democratic confederates, and the formation of another Union of benches.) That is her doctrine. We will not States, homogeneous in population, institutions, interests, fight in the Union, but quit it the instant we think proper and pursuits. to do so. Mr. Moore, of the same State, said: Mr. Singleton, of Mississippi, says: I do not concur with the declaration made yesterday You ask me when will the time (for disunion) come; by the gentleman from Tennessee, that the election of a when will the South be united ? It will be when you Black Republican to the Presidency was not cause for a elect a Black Republican-Hale, Seward, or Chase-Predissolution of the Union. Whenever a President is elected sideot of the United States. Whenever you undertake by a fanatical majority at the North, those whom I repre- to place such a man to preside over the destinies of the sent, as I believe, and the gallant state which I in part South, you may expect to see us undivided and indivisi. represent, are ready, let the consequences be what they ble friends, and to see all parties of the Suuth arrayed to may, to fall back on their reserved rights, and say, “ As resist his inauguration. to this Union, we have no longer any lot or part in it." We can never quietly stand by and permit the control of the army and navy to go into the hauds of a Black Mr. Bonham, a member of the House from Republican President. South Carolina, said: Gov. Letcher, of Virginia, in his recent mes. As to disunion, upon the election of a Black Republi- sage to the Legislature of his State, avows the can, I can speak for no one but myself and those I have rankest disunion and revolutionary sentiments. here the honor to represent; and I say, without hesitation, In this document, he declares that if a Repubthat, upon the election of Mr. Seward, or any other man lican Presiden is elected in 1800, who indorses and proclaims the doctrines held by him and his party-call him by what name you please-I am in It is useless to attempt to conceal the Prict that, in the favor of an iminediate dissolution of the Union. And, sir, present teniper of the Southern people, it cannot be and will not lo submitted to. The“ irrepressible conflict "|"The bargain between Freedom and Slavery contained in doctrine, announced and advocated by the ablest and the Constitution of the United States, is morally and pomost distinguished leader of the Republican party, is an litically vicious, inconsistent with the principles on which open declaration of war against the institution of African alone our Revolution can be justified; cruel and oppres. Blavery, wherever it exists; and I would be disloyal to sive, by riveting the chains of Slavery; and grossly uneVirginia and the South if I did not declare that the qual and impolitic, by admitting that Slaves are at once election of such a man, entertaining such sentiments, enemies to be kept in subjection, property to be secured and advocating such doctrines, ought to be resisted by and returned to their owners, and persons not to be repre. the slaveholding States. The idea of permitting such a sented themselves, but for whom their masters are privi. man to have the control and direction of the army and leged with nearly a double share of representation;" and Davy of the United States, and the appointment of high Whereas (to quote the language of Wm. Ellery Chan. judicial and executive officers, postmasters included, ning) “We in the Free States cannot fly from the shame cannot be entertained by the South for a moment. or guilt of the Institution of Slavery, while there are proThe Hon. William L. Yancy, a leading and on this subject our fathers, in framing the Constitution, visions of the Constitution binding us to give it support. prominent Democratic politician of Alabama, swerved from the right. We, their children, see the path and formerly viember of Congress from that of duty more clearly than they, and must walk in it. No State, wrote the following letter in 1858, which blessings of the Union can be a compensation for taking part in the enslaving of our fellow-creatures ;" and the Washington States, à Democratic Journal, Whereas (to quote the language of Josiah Quincy, Sen.), recently published under the title of the “Scar: "The arm of the Union is the very sinew of the subjection let Letter :" of the Slaves ; it is the Slaveholder's main strength; its continuance is his forlorn hope;" and MONTGOMERY, June 15, 1868. Whereas (to quote the language of Mr. Underwood, of DBAR SIR: Your kind favor of the 15th is re- Kentucky, as uttered on the floor of Congress), "The Disceived. solution of the Union, making the Ohio River and Mason I hardly agree with you that a general movement and Dixon's line the boundary line, is the Dissolution of can be made that will clear out the Augean stable. If Slavery. It had been the common practice for Southern the Democracy were overthrown, it would result in giv, men to get up on this floor and say, Touch this subject ing place to a greater and hungrier swarm of flies. and we will Dissolve the Union as a remedy.' Their re The remedy of the South is not in such a process. It medy was the destruction of the thing which they wished is in a diligent organization of her true men for prompt to save, and any sensible man could see it;" and resistance to the next aggression. It must come in the Whereas (to quote the language of Mr. Arnold, of Ten. nature of things. No national party can save us; no nessee, on the same occasion), " The South has nothing to sectional party can ever do it. But if we could do as rely on, if the Union be Dissolved; for, supposing that our fathers did--organize committees of safety all over Dissolution to be effected, a million of Slaves are ready to the Cotton States (and it is only in them that we can rise and strike for Freedom at the first tap of the drum :" hope for any effective movement)we shall fire the therefore, Southern heart, instruct the Southern mind, give cou- 1. Resowed, That in advocating the Dissolution of the rage to each other, and at the PROPER MOMENT, by one Union, the Abolitionists are justified by every precept of organized concerted action, we can precipitate the the Gospel, by every principle of morality, by every claim Cotton Stutes into a revolution, of humanity; that such a Union is a Covenant with The idea has been shadowed forth in the South by Death,” which ought to be annulled, and an agreement Mr. Ruffin; bas been taken up and recommended in with Hell,” which a just God cannot permit to stand; and The Advertiser (Published at Montgomery. Alabama), that it is the imperative and paramount duty of all who under the name of " League of United Southerners," who, would keep their souls from blood-guiltiness, to deliver the keeping up their old party relations on all other ques. oppressed out of the hand of the spoiler, and usher in the tions, will hold the Southern issue paramount, and will day of Jubilee; to seek its immediate 'overthrow by all influence parties, legislatures, and stateśmen. I have no righteous instrumentalities. time to enlarge, but to suggest merely. 2. Resowed, That (to quote the language of William H. In haste, yours, etc., W. L, YANCRY. Seward) “they who think this agitation is accidental, unTO JAUKS S. SLAUGHTER, Esq. necessary, the work of interested or fanatical agitatore, The Montgomery (Ala.) Confederation thus and therefore ephemeral, mistake the case altogether: it gives the record of the leading secession dele- forces and it means that the United States must and will, is an Irrepressible Conflict between opposing and enduring gates from the Charleston Convention from sooner or later, become either entirely a Slaveholding that State. It says: Natior or entirely a Free Labor Nation. It is the failure No one can be deceived as to what are the objects to app.ehend this great truth that induces so many unof the Charleston Convention. Listen to what their men successful attempts at final Compromise between the Free way : and Slave States; and it is the existence of this great fact "I want the Cotton States precipitated into a revolu- that renders all such pretended Compromises, when made, tion.”- Wm. L. Yancey. vain and ephemeral. Therefore, “If I had the power, I would dissolve this Govern 8. Resolved, That no matter how sincerely or zealously ment in two minutes."-J. T. Morgan. any Political Party may be struggling with side issues, in "Let us break up this rotten, stinking, and oppressive cripple its power, while standing within the Union and relation to Slavery, to prevent its extension, or otherwise Government.”—George Gayle. “Resistance! Resistance to death against the Gov. sanctioning its Pro-Slavery Compromises, and refusing to ernment is what we want now."-David Hubbard. attack the Institution itself, its position is morally inde. fensible; it rests upon a sandy foundation; its testimonies AN ANTI-SLAVERY VIEW OF DISUNION. are powerless, and its example fatal to the cause of lib erty: hence we cannot give it any support. The following Resolutions, prepared by Wm. 4. Resoloed, That “better a thousand times that all Lloyd Garrison, were adopted at a Convention North America should be obliterated by a concurrence of the Atlantic and Pacific Oceans, as a dead, revenging sea of the non-voting Abolitionists (better known over buried Cities, than that we, after all our light and as Garrisonians), at Albany, New-York, on the Liberty, should live only by removing the truth that gave 2d of February, 1859 : us being, or should set the example to a terrified and struggling world of a Nation claiming and daring to exist Wher 08 (to quote the language of John Quincy Adams), only by sustained and sanctified oppression." THE POWER OF THE SUPREME COURT. In view of the Dred Scott dicta and other en- Under' date of Montecello, Dec. 25, 1820, he croachments upon the Liberties of the People writes to Thomas Ritchie as follows: and the rights of the States, that may well be The Judiciary of the United States is the apprehended from future decisions of a Federal subtle corps of sappers and miners constantly working partisan Judiciary, the opinions of the leaders of under-ground to undermine the foundations of our con the old Jeffersonian Republican party on the federated fabric. They are construing our Constitution powers and duties of the Supreme Court become from a coördination of a general and special government to a general and supreme one alone. matter of public interest. On the 18th of August, 1821, Mr. Jefferson OPINIONS OF THOMAS JEFFERSON. writes to Mr. C. Hammond, as follows: In a letter to John Adams, dáted Sept. 11, never shrunk from its expression, that the germ of disso It has long, however, been my opinion, and I have 1804, Mr. Jefferson says: lution of our Federal Government is in the constitution* You seemed to think that it devolved on the Judges' to of the Federal Judiciary-an irresponsible body, workdecide on the validity of the Sedition Law. But nothing in ing like gravity by night and by day, gaining a little tothe Constitution has given them a right to decide for the day and a little to-morrow, and advancing its noiseless Executive, more than the Executive to decide for them. step, like a thief, over the field of jurisdiction, until all Both magistrates are equally independent in the sphere of shall be usurped from the States, and the Government of action assigned to them. The Judges, believing the law all be consolidated into one. To this I am opposed; beconstitutional, had a right to pass a sentence of fine and cause, when all government, domestic and foreign, in imprisonment, because the power was placed in their little as in great things, shall be drawn to Washington as hands by the Constitution. But the Executive, believing the centre of all power, it will render powerless the the law to be unconstitutional, were bound to 'remit the checks provided of one Government on another, and will execution of it, because that power had been confided to become as venal and oppressive as the Government from them by the Constitution." which we separated. It will be as in Europe, where every man must be either pike or gudgeon, hammer or Again, in a letter to Judge Roane, dated anvil. Our functionaries and theirs are wares from the Poplar Forest, Sept. 6, 1819, Mr. Jefferson re- same workshop, made of the same materials, and by the marks: same hand. If the States look with apathy on this silent descent of their Government into the gulf which is to In denying the right they usurp in exclusively ex- swallow all, we have only to weep over the human charplaining the Constitution, I go further than you do, if I acter, formed uncontrollable but by a rod of iron, and understand rightly your quotation from the Federalist, the blasphemers of man as incapable of self-government, of an opinion that "The Judiciary is the last resort in re- become his true historians. lation to the other departments of the Government, but not in relation to the rights of the parties to the compact In a letterto Judge Johnson, dated Monticello, under which the Judiciary is derived." If this opinion be March 4, 1820, he says"sound, then indeed is our Constitution a complete felo de I cannot lay down my pen without recurring to one of 88. For intending to establish three departments, coördi- the subjects of my former letter, for, in truth, there is no Date and independent, that they might check and balance danger I apprehend so much as the consolidation of our one another, it has given, according to this opinion, to one Government by the noiseless, and therefore unalarming, of them alone the right to prescribe rules for the govern instrumentality of the Supreme Court. This is the form ment of the others, and to that one, too, which is unelected in' which Federalism now arrays itself. by and independent of the nation. The Constitution, on this hypothesis, is a mere thing of wax, in the In a letter dated June 12, same year, he says, hands of the Judiciary,which they may twist and shape into The practice of Judge Marshall, of traveling out of his any form they please. It should be remembered, as an eter. case to prescribe what the law would be in a moot case nal truth in politics, that whatever power in any government not before the court is very irregular and very cenis independent, is absolute also; in theory only at first, while surable. the spirit of thé people is up, but in practice as fast as that relaxes. Independence can be trusted nowhere but with In writing to Mr. W. H. Torrance, June 11, the people in mass. They are inherently independent of 1815, Mr. Jefferson says': all but moral law. My construction of the Constitution is very different from that you quote. It is that each de- with exclusive authority to decide on the constitutionality The second question, whether the judges are invested partment is truly, independent of the others, and has an of a law, has been heretofore a subject of consideration equal right to decide for itself what is the meaning of the with me in the exercise of official duties: Certainly Constitution in the cases submitted to its action, and espe- there is not a word in the Constitution which has given cially where it is to act ultimately and without appeal. that power to them more than to the Executive or LegisIn a letter to Mr. Jarvis, dated Monticello, lative branches. Questions of property, of character, Sept. 28, 1820, Mr. Jefferson says: and of crime, being ascribed to the judges' through a definite course of legal proceeding, laws involving such in pages 84 and 148, to consider questions, belong, of course, to them; and as they decide the Judges as the ultimate arbiters of all constitutional on them ultimately, and without appeal, they, of course, questions a very dangerous doctrine indeed, and one decide for themselvi 8. The constitutional validity of the which would place us under the despotism of an oligarchy. law or laws again prescribing executive action, and to Our judges are as honest as other men, and not more so. be administered by that branch ultimately, and without They have, with others, the same passions for party, for appeal, the Executive must decide for themselves, also, power, and the privilege of their corps. Their maxim is, whether, under the Constitution, they are valid or not. to boni judicis ēst ampliare jurisdictionem," and their So also, as to laws governing the proceedings of the Leg. power the more dangerous as they are in office or life, islature, that body must judge for itself the constitutionand not responsible, as the other functionaries are, to the ality of the law, and equally without appeal or control elective control. The Constitution has erected no such from its coördinate branches. And, in general, the single tribunal, knowing that, to whatever hands confided, branch which is to act ultimately, and without appeal on with the corruptions of time and party, its members would any law, is the rightful expositor of the validity of the oecome despots. It has more wisely made all the depart law, uncontrolled by the opinions of the other coðrdiments co-equal and co-sove: eign within themselves, pate authorities. You seem, |
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