The Southern Literary Messenger, Vol. I., No. 4, December, 1834Various
History
The Southern Literary Messenger, Vol. I., No. 4, December, 1834
Various
American literature -- 19th century -- Periodicals
The justice of these ideas is recognized in the forms of all our
governments. The limitations on the powers of congress and the state
legislatures, are all predicated on the certain truth "that majorities
may find or imagine an interest in doing wrong." Hence there are many
things which cannot be lawfully done by a bare majority; and many more,
which no majority, however great, is authorised to do. Two-thirds of
the senate must concur in a sentence of impeachment. The life and
property of an individual cannot be taken away but by the unanimous
voice of his triers; and all the branches of all our governments
collectively cannot lawfully enact a bill of attainder, or an _ex post
facto_ statute.
But though such acts are forbidden by the constitution, they may
nevertheless be passed, and judges may be found to enforce them, if
those holding legislative and judicial offices shall be so minded. The
constituents, too, of a majority of the legislature may approve and
demand such acts. Where then is the security that such things will not
be done? Where can it be but in the enlightened sense of justice and
right in the constituent body?
I am not sure that such restraints on the powers of public
functionaries are not even more necessary in a republican government
than in any other. A king can scarcely have a personal interest in
ruining one portion of his dominions for the benefit of the rest, and
he would not dare to ruin the whole, while a spark of intelligence and
spirit remained among the people. But in a republic, whenever the
inclination and the power to do such a wrong concur, the very nature of
the case secures the rulers from all fear of personal consequences. The
majority is with them. Their own constituents are with them. To these
is their first duty; and shall they hesitate to do that which is to
benefit their constituents, out of tenderness to those who are not
their constituents? We know how such questions are answered, when the
occasion is one where a _fixed majority_ have a _fixed interest_ in the
proposed wrong. Is not this the reason why legislative encroachment so
much disposes men to acquiesce in executive usurpation? Is it not this,
which, when the barriers of constitutional restraint are seen to fall,
drives minorities, _as by a sort of fatal instinct_, to seek shelter
under the arm of a _common master_, from the all pervading tyranny of
majorities exercising the power of _universal legislation_? The wrongs
of America were the act of the parliament of England, goaded on by the
people. It was they who claimed a right to legislate in all things for
the colonies. It was they who demanded a revenue from America; and the
colonies, eagerly looking to the crown for protection, maintained an
unshaken loyalty, until the king was seen to take part with their
oppressors. The wrongs of Ireland are the act of the people of England.
Ireland is the rival of England in agriculture, manufactures and
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