constitution is not a LAW, and the citizen who we will not give it up to the winds which gives it effect is a trespasser, and the Execu- howl around it, they must still rave on, and tive who enforces it by the sword or the bayo-you are not allowed to have PEACE. net is guilty of HIGH TREASON! that an un- On the first occasion, when the most vital of constitutional act is invalid before as after its those principles have been brought to a pracrepeal, and that after the people have decided tical and decisive test, some of those very it to be unconstitutional, all who aid in endeav-men, who have declaimed loudest in their faors to execute it should be considered public vor, and heretofore almost Deified them, shrink enemies of the people, and their constitution; back from them, as the instruments of their dethat it is not necessary to repeal an unconstitu- struction, and now, being fairly weighed in the tional enactment, but only desirable in order to balance, are found wanting. Such are, in our take, from desperadoes and usurpers, all color opinion, those of your servants who have been of pretext for their wanton licentiousness under solemnly instructed by their constituents, that it; that Messrs. Barry, Haggin, Trimble and the "new court" is unconstitutional, and who, Davidge, have no judicial offices to resign- by defying those instructions, endanger the and that, if they attempt to adjudicate, since peace and safety of the state. They say by the people have decided that they are pretend- their conduct, that they are the organs of your ers without right, they will be guilty of usur- will, and as you did not foresee the passage of pation, and if they attempt to execute, by the obnoxious act when you elected them, and force, any of their assumed powers, they will instruct them to vote against it, they will not be guilty of levying war against this common- hear you until they call on you to elect them wealth; that the inviolability of our constitu- again! That an unconstitutional act, although tion is essential to the life, liberty, and prop- void, must be enforced on the people, perhaps erty of every citizen—and that if you sanction to their ruin, until, after successive elections, the invasion of any of its principles, you there- they have passed on a majority of the Senaby endanger the whole structure; that each of tors, who aided in enacting it, and commandthe three departments is created by the consti- ed a repeal of that, which in convention they tation, and whenever either becomes the have declared shall never have existence. creature of another, the theory of the constitu- Here you see a bold stroke at the very root of tion is subverted, and the government revolu- your liberty. They say farther, that although tionized; that the essence of a constitution you have decided that the "new judges" are no consists in this only, that it is obligatory upon judges, and although the message admits that all the people and all their agents-and that they are odious, yet they shall go on "through every act, by whomsoever done, contrary there- scenes yet untried," and shall not forbear from to, is void and can have no effect; that no one further usurpations, unless the "old judges," feature of the constitution can be changed, ex- alarmed by their threats or seduced by their cept by the whole people, in convention, and offers, resign and "give up the ship." They that the constitutional independence of each even say that you have not decided that these department on either of the others, is essential worthy men are judges. Have you not decided to the efficiency of the constitution, and indis- that they have not been "legislated" out of of pensable to the liberty and security of the citi- fice? Who are your judges, if they are not? zen. The foregoing is the outline of our doc- If the act which attempted to remove them, trines on the great subject before us-it is the be void, it follows as inevitably as the effect summary of our creed. We believe it will from the cause, that they are as much in office stand the test of time and the scrutiny of ages. since, as before the date of that act. It was not It has been stamped with the approbation of men, but principles for which you contended; the most enlightened statesmen; and for the when you wish to remove judges from office, cause of universal liberty, we pray that it may you will do it according to the constitution, by become universal. It will be defended by the two-thirds; when you come to determine whethreal patriot to the last extremity, even to the er men in office, claiming to be judges, are stake; it contains principles which are the in office, a majority alone must decide. It is shield of the poor, the strength of the weak not a judicial, but a great political question, and weakness of the strong-principles which which no other power on earth can settle; and are the bulwarks of constitutional liberty and the very hinge on which the whole governthe best hopes of mankind; they constitute the ment swings, is broken, if the decision of a matext book of the real republican, and whenever jority at the polls be not final and controlling. they shall cease to exact your homage, you But we have heard that, notwithstanding its will cease to worship at the shrine of the true unconstitutionality, the act of last session is Goddess of Liberty, and the altar and the God- law, and must be considered so until one or dess will sink together at the feet of the mon- two Senators shall find it their interest, or feel ster of anarchy and uproar. The most sacred it their duty to consent to its repeal. This is of these principles are now arraigned by some neither the doctrine of reason, nor the sentias aristocratic, and are rudely and insidiously ment of republicanism. When an inexpedient assailed. We call on you to reverence and up- constitutional act passes, it becomes the law of hold them. Defend your constitution, and it the land, and remains such until the whole legwill protect you in every trial; to re-establish islative authority shall repeal it. But an unit on broad and permanent foundations is our constitutional act is never the law of the land. first and only wish. For this alone we have The "constitution is the supreme law of the struggled-for this we came here; and because land," and all acts "contrary thereto are VOID." We have been admonished on this their department, would thereby achieve the subject, to beware of the fate of the federal object for which they have employed so many party in 1801. Let those who gave the ad-unjust and unconstitutional means, and gain a monition take it home to themselves-they triumph, when they are signally defeated, and might profit by it, before it be eternally too their conduct condemned-that the unconstilate. Let them recollect, that the downfall of tutionality of the re-organizing act must be the federal administration was provoked by settled, and that any compromise would be the persevering attempts of the then dominant inadmissible, which should tacitly recognize party, to enforce the alien and sedition acts, in its validity-that a Governor, who is a devoted defiance of the people's will, after they had partizan, should not be trusted with the pow been denounced by public sentiment as un-er of filling, at this time, offices so important to constitutional. The Governor and his friends the welfare of the country; but if a change be should take care, lest by the same career, they desirable, the people alone should effect it, by are brought to the same end. And they should a re-election of the appointing power, so that never forget that the strongest charge of the the appointments may be wise and satisfactorepublican party, against Judge Chase, of the to them, and so that no principle, moral or Supreme Court, was that he refused to declare constitutional, may be violated; that, contendthe alien and sedition acts unconstitutional. ing for principles, not men, those principles To decoy us from our allegiance to the con- must be established in such a manner that the stitution, many artful stratagems have been recurrence of another such attack upon them, employed by the "new court" party. They as that which has long afflicted our country, have appealed to our fears and our hopes, to will be discountenanced, before we could treat enlist us under their banner, and help to sanc- for compromise; that we could not compromise tify, in effect, their usurpation. It was pro- our constitution or oaths; that no lure of office posed first by his Excellency, and then often or threat of force should ever tempt or alarm us reiterated in each branch of our assembly, that to become recreant from the cause in which we those who are the judges of the court of ap-have all so much and so long suffered-and, peals by the constitution, and those who claim trampling down the constitution at the eve of to be its judges by the void act of the legisla- its triumph, divide the spoils of its subjugature, should all resign; and we were assured tion. If we had thus "compromised," then that, if we would co-operate in the caucus business of making judges, and caucus the old judges out of office, the Governor would nominate four "new judges," two from each party, This we promptly rejected. We considered it inadmissible, for many reasons, which it is not necessary now to detail, but among which, we will repeat to you the following: were necessary for peace, was that they should acquiesce in your decision, on their own appeal. By repealing the act and submitting to you, they would have surrendered nothing but obstinacy. There would have been no sacrifice of principle. But if we had agreed to their proposition, we should have given up all that we had contended for, and all that you had de cided. If they did not intend to submit to your award, why make the appeal? And when will they submit? Never. Then from our consciences and our doors be all the conse indeed we might be called ambitious and faithless. The proposition was moreover most unequal-there was no reciprocity; we called on to give up every thing, and were offered nothing in exchange; the "new judges" have nothing to resign; and should we have been invited to take on ourselves the responsibility of purchasing, at so high a price, their By agreeing, we should have recognized the submission to your will? Their party had no validity of the new mode of breaking judges-right to ask of us any sacrifice; all that was the very thing which you sent us to explode. The four judges proposed would have been judges of the "new court," when you have said that there shall be no such court; they would have been judges under the late act of assembly, and not judges under the constitution. We had no power to make judges-the constitution devolves that duty on the Governor and Senate the example would have been deleterious and unconstitutional in its tendencies; we had no right to control the will of the judges. Their resignation (to be a resignation) must be voluntary, not compulsory;quences of their resistance. we would not abandon them, because they had not obandoned the constitution--because they Their other propositions of compromise are virtuous, able, honest men-the friends of were, with only slight variations of form, of the same cast, and liable to all the same objustice, morality, and of law. That to recog nize a court, by forcing the judges to resign, is jections. That which was pressed most, was liable to all the objections urged against the that the Judges should resign, and the bench new mode of last winter-that the judges could in future be filled with six "new judges;" not, consistently with their own honor, or their and would you believe it-a part of the produty to the great principle, for which they posal was that the old judges should be three have so long stood on the watchtower, now de-of the six; Boyle, Chief Justice! Yes, fellowsert their posts-that, before they should re- citizens, it is true it was proposed to us, if we sign, justice should be done to their abused would only give up the question, compromise characters, and their department should be re- the constitution, and induce the judges, who established firmly on its constitutional foun- have grown grey in your service, to reign at dation-that, if they resign now, those who the bidding of the Governor-that those three have so long persecuted them, and assailed old men, whom they have denominated "Kings," might re-ascend the throne, and by his Excellency be crowned. at the opening and at the close of our session, that he will preserve peace by making war? This is susceptible of no commentary; it Your guardians wrong you. It is time to esspeaks volumes which have not until now cape from minority and assert the right of been unsealed. You see who are hunters for manhood. All that is necessary, is that your office, and lovers of the people. Sanction representatives shall tell you by their acts, not these things, and your constitution is not by their speeches.-"Your will and not ours worth preserving; its title may stand, but its be done." Then and not till then, we shall living spirit will be extinguished, and the have peace. Then our state may re-ascend right of suffrage, freedom of conscience and the proud eminence from which she has fallen? security of life, would all tremble on the inter- Then we shall be once more brethren-Kenested and capricious will of a favored few. To tuckians; and then the eye of philanthropy may prevent this catastrophe, the minority appealed to you last winter; to avert it, you pressed to the polls last August; and to warn you of its approach, we now address you in tones firm, and in language bold as becomes the momen tons occasion. soon see, emerging from the flood of party fury, the verdant summit of that region, which we hope is even yet destined to be the seat of science, reason, justice, liberty and law, inseparable companions. But if, by acceding to any of the terms of Desirous to terminate this unnatural and un- compromise which have been offered to us, we profitable warfare, we have done every thing had acknowledged (as we must have done) which our duty to principle and to you would that your "old judges" are not in office; if, by allow. We reiterated the proposition which thus uniting with the hostile party in forcing was made by the minority last winter, to save your judges from the bench, in any mode not the country from the mischiefs of the "midnight permitted by your constitution; if, by aiding act." It was then spurned; it is received no in imposing on you all the burthen and conbetter now. Nothing will satisfy the other fusion of a "new court" of six judges, and alparty short of a virtual acknowledgment of so acknowledging, by requiring the old judges their right to remove the judges of the appellate to be recommissioned, the constitutionality of court by a legislative act; and the admission the "act" which you have decided to be unconof the judges, that they are indebted to their stitutional-thereby sanctifying the means bounty for their offices. We then proposed, employed so long to degrade your judiciary, as our ultimatum, that the Representatives, and subvert its constitutional independence, Senators, Judges, Lieutenant Governor and and render it subservient to faction, and the Governor, should all resign, as the only plaything of ambition; if, by thus surrendermode of enabling you to settle all controversy ing, at the moment of success, all the sacred without obstruction or delay. The resolution principles for which you have been so long offered for this purpose passed the House of contending, for the petty and unworthy purRepresentatives by a vote of 75 to 16. But pose of elevating to the honors and the emoluthe Governor, Lieutenant Governor, and their ments of appellate judges, three of those who party, who profess so much anxiety to quiet have denied the constitutional creation and inthe country; who are themselves the only ob- violability of the Supreme Court, and thus stacle, and who boast of so much regard for crown them with victory, and consecrate their you and your rights, cannot consent that you doctrines; if, by these means alone, we can shall exercise this salutary and necessary pow- make peace-there can be NO PEACE. If er. They are apprehensive that you will err we had thus compromised your will and your and become distracted by commotion. Thus constitution, we might proclaim peace, peace, you see that the patriots who are so solicitous but there would be no peace. Such a peace that the judges should resign, are unwilling to would be the peace of death-the death of your set the good example, although requested by constitution of the hopes which it inspires, an almost unanimous vote of your immediate and the liberty which it secures. Your govrepresentatives. Yet, these men say that they ernment will never be guided by reason, until do not love office, that they are for the people the head of your judiciary, placed firmly on the and the people's will, while they will neither eminence raised for it by the constitution, submit to that will, nor get out of the way, shall be able to hold up JUSTICE to the rich that the people may elect those whom they and the poor, and, as if planted on the isthmus prefer, and who would do their will. Re- between conflicting elements, dispense her flect on this; hear the response of the judges impartial awards, unawed by the storms that to the Senate's invitation to them to resign, rage below, and unshaken by the waves that and then doubt longer, hesitate longer, if you break at its base. To secure this great obcan. To dismiss the compromise-by analyz- ject has been our only aim-this is our only ing all the propositions, you will see that the hope-and for our endeavors for success in basis of ours was the recognition, that the "old such a cause, we have been charged by the judges" are in office; of theirs, that they are organ of the opposing party, with "knavery out of office. The precise question you have and hypocrisy." We shall not degrade ourdecided. Is this agony of the body politic selves or insult your dignity by retort. We never to be "over?" Is there any inherent de- wish to be judged by our deeds, and not by feet in our social or political organization? our professions; and if our principles, and our Or whence this sad fate? Why does your gov-characters and conduct cannot repel such acernor in substance declare and declare again, cusations, give them your credence. One of us, now 80 years old, fought in the revolution for his country's independence, and assisted in convention to establish the two constitutions of Kentucky, to secure that independence. Is not this some little pledge of his sincerity, and of the fidelity of those who are associated with him in endeavoring to save the constitution? Protect overcome by the governor's army. them by your countenance, and all is safe. You can LOOK DOWN all opposition. Your voice can stay the paricidal arm, and redeem your constitution from the fiery ordeal, unhurt. Do your duty; stand to your integrity; do not be drawn from your ground; the "new court" will soon expire for want of When did we ever attempt to violate the NOURISHMENT, and your constitution will charter of your rights? When did we ever resume its sway, and good old times will soon persecute distinguished and faithful officers, return. But suffer yourselves to be alarmed to supplant them in office? When did we or- or wearied into inaction; allow your constituganize plans for turning out of office your cir- tion to be bartered away by your public cuit court judges, and clerks, &c., to fill their agents-compromise the sacred principles places with our friends, to whom we had which you have already consecrated, or leave promised them? Let those whose consciences them unsettled-and then you will have no are not reproached with these things, charge us safety, no peace, no constitution. On you with ambition. We are ambitious, but our on-hangs the fate of that constitution. Having ly ambition is to exalt the character of our done all that we could do, we submit the isstate, and give quiet and security to her peo-sue to GOD and the PEOPLE. ple; to inculcate habitual reverence for the principles of rational liberty; to give security to right, stability to justice, confidence to virtue; and as we hope to be immortal, the highest aim of our ambition, in relation to ourselves, is to deserve well of our country, to obtain the good opinion of the good and the wise, and ensure the approbation of our own consciences. Whatever may be the issue of this controversy, we shall enjoy the consolation of having, throughout, done our duty faithfully and honestly; and whatever others may be prepared to do, as for ourselves, we will defend the constitution, and cling to it as the plank which, in the wreck of every thing else, will save us and ours, in WAR as well as in PEACE. But this constitution is yours; you made it; it is in your keeping. Do with it as you deem best for your welfare. But recollect, that it is the best guardian of that liberty which is richest inheritance, and which it is your your duty to transmit unimpaired, to those who shall come after you. Your judges, although they have received no compensation during this year, and expect to receive none during the next, instructed by your votes, and by their own sense of duty, will continue, without longer suspension, to do your business, unless James Allen, G. Robertson, S. H. Woodson, H. C. Payne, S. Turner, J. J. Crittenden, James Wilson, Silas Evans, John M. McConnell, TO THE GOVERNOR ELECT OF KENTUCKY. NUMBER I. "A subject's faults, a subject may proclaim, A monarch's errors are forbidden game." stifle the voice of truth, nor stop his ears against its dread tidings. It is mighty, and will prevail. You may bribe the renal by promises In presuming to address you in the un-of preferment; you may instigate the vicious, courtly style of a freeman, I shall make no by the hope of impunity; you may alarm apology. I shall not attempt to propitiate the timid, by the terrors of your authority; but your regard by flattering your vanity, nor a free and enlightened people will not always shall I be deterred from my duty, by any false submit to oppression. notions of reverence for your official title. I am a plain man, unacquainted with the adulation of courts. My speech is blunt, my course direct. They are intelligent and will escape from delusion. They are virtuous and will put down vice. Your corrupt presses may groan with the falsehoods and slanders which they In regal governments, the dogma, that "a publish weekly-through these sewers you king can do no wrong," is consecrated as a po- and your adherents may continue to throw off litical axiom, and even as a tenet of religious your feculence on the pure characters of the faith. The inviolability of the king's person.old soldiers of the revolution, and the most the infallibility of his judgment, and his legal virtuous men of the age, but the day of retriimpunity, are the elements of his vast and bution will come. It will come speedily and gothic pile of prerogative. Homage is the ex-with vengeance. A free press will arraign you acted tribute of every tongue: none are allow-before the bar of public opinion, and your ed to censure. He is above the law. Public doom, which is now sealed, will be there proopinion expends its force on the ministry. The claimed. minister is made the scape goat of all the sins, of a bad administration. When the subject feels the weight of oppression, he denounces the minister, but his mouth is loyal to his king The galley slave, whilst he tugs at the oar, suffers no murmur against the crown to escape his lips-complaint would be high treason against majesty; and even whilst his heart is bursting with anguish, his tongue mechanical ly ejaculates, "God save the King." The law is above you. It can make a governor, as well as the most humble private citof war and bloodshed-you may contemn the izen, feel its lash or its halter. You may talk people's voice, and deride their opinions, but the time is not far distant when you will hear and may TREMBLE. You are responsible to public opinion. You shall feel at least the censorship of the press. Do not be alarmed, sir. I am not about to become your biographer. My purpose is more humble. I propose only to preserve a few fragments, as memorials of your worth. I shall not draw the minute traits, and give the characteristic tints to your portrait. I shall only attempt to exhibit the outline. Even this I could not be induced to do, if you stood alone. But in sketching you, I shall necessarily assoate with you on the canvass, a group not entirely uninteresting to the people of Kentucky. Your office entitles you to peculiar notice. But you, sir, are not yet a king-nor am I, thank God, your subject. You are the responsible servant of a free people; I am one of those people: and although one of the least worthy, yet, as you will find, not the least FREE.The pre-eminence of your station secures to you no peculiar title to personal impunity. It gives you no claim to infallibility. It can neither make your heart more pure, nor your head more wise. It is a high station, and full of glory when well filled. Its incumbent may be either a blessing or a curse to his country. When he is virtuous and intelligent-firm yet You have identified your name with "rewise-inflexible yet decent-When he is such lief" and "judge breaker." You are the ostena man as a Governor ought to be, he is hon-sible leader, though, as I know, only the "Auored his administration is benificent, and his tomaton" of a desperate faction, whose aim is country flourishes and is happy. But when despotic power, whose means are licentioushe prostitutes his patronage to selfish ends-ness and anarchy, and the tendencies of whose when, by abusing his trust, he relaxes the principles are a dissolution of the union, and a law, and encourages vice, injustice, and crime--destruction of all the ties of morality and jus when, instead of being the venerable and august umpire between conflicting parties, and the pure minister of executive justice, he is the dupe and pander of a little, restless faction-he blasts his country and his own fame, and all his power, aided by the flattery of all his expectants and parasites, cannot tice. In your patronage, this party live, move, and have their being. Your office is prostituted to their ends. You are their organThrough you they speak and act. Therefore it is proper to address you, when my object is to expose the ambition and counteract the designs of your party. In your image they will |