PRELECTION,

TO THE CITIZENS OF FAYETTE.

Fellow Citizens:-A portion of the citizens, stituted as to operate as a wholesome check on of Kentucky lately assembled, from various the others; and, by thus preserving a conquarters of the State at the capitol, for the servative equilibrium of power, to uphold all purpose of organizing "the friends of Consti- guarantied rights against unconstitutional tutional Liberty" in opposition to the adoption encroachment by even a ruling party of the of the new scheme of Government proposed people themselves. No limitation on legislaby the Convention elected to revise our exist-tive power would be effectual, nor any guaraning Constitution. The day of their assem- tee of life, property, or liberty of speech or of bling was auspicious to a happy result. On conscience availing, without a Judiciary armed the birth-day of Washington, freemen of Ken- with authority to expound and administer tucky met together in council to assert and all law, and so organized as to be able and maintain the principles of Washington; on willing to do justice between the high and the the anniversary of the commencement of the low, and maintain the supremacy of the Conglorious battle of Buena Vista, they commen- stitution in defiance of the seductions of popced a civil contest far more eventful-a battle ularity or the terrors of power in an ascendant of civil liberty-the battle of the Constitution party, however large or domineering. This, at -the battle of Kentucky; on the final issue of last, is the anchor of a free State-the palladwhich may depend the destiny of our distin-ium of true liberty and security. For want of guished Commonwealth.

such anchorage, every Republican Ship of State which the wisdom of antiquity or the patriotism of the middle ages ever launched on the ocean of popular will, has sunk under the waves of party passion.

In conformity to a suggestion by that assembly we, citizens of Fayette, have convened at Lexington to pledge our zealous co-operation in the patriotic work it has proposed, and briefly, but candidly, to address our fellow Instructed by the experience of ages, Washcitizens of the county on a subject most inter-ington, Franklin, Madison, and their compeers esting to us all, and to our children and children's children, for generations to come.

To be free is the natural right, as well as the instinctive desire, of all civilized men. If all men had the absolute liberty to do whatever they might will to do, no man could be secure in the enjoyment of any right. Therefore some common government over all, and with power to protect each in the enjoyment of the cardinal rights of life, liberty, property and civil equality against a dominant party, is indispensable to the practical freedom and security of the citizens of every Democracy, of whatever form. Liberty without security is a delusive mockery-it is anarchy, which is the worst form of despotism. To secure to every citizen as much of natural liberty as may be compatible with the stability of public authority and the security of the fundamental rights of all, is the great problem of Republican Government, which, if ever to be effectually solved on earth, has been already exemplified only by the Anglo-Saxon race in the present age, and in our blessed America. The American mode of effecting this great end-the desire of all just men-is by the adoption of written Constitutions, recognizing the civil equality of every citizen, imposing limitations on the power of numbers, and distributing all popular sovereignty among three co-ordinate bodies of magistracy, each the organ of the people within its separate sphere, and so con

in the Federal Convention of 1787, constructed a national government on the true and only available plan: and their mighty work is just ly considered the model Constitution of every free, virtuous, and enlightened people. Kentucky-the first born of the "old 13," fashioned her Constitution by that finished model. And hence our Constitution, under which we have lived and prospered for more than half a century, may be justly said to be the offspring of the matured and rectified wisdom of the Father of his Country, and his enlightened co-laborers in the cause of American liberty. It is a shoot from the stock planted by their hands-the anatomy is the same every thing organic, every thing vital, is essentially the same. And therefore, if one be radically defective, the other must be equally so-and, if the frame-work of the one be right, that of the other cannot be wrong. We are satisfied that in the stamina of a Republican Constitution each of them is as perfect as human wisdom will ever be able to make. But, like all the works of fallible man, both of them are, in some portions of their superstructure, imperfect, and might, in that respect, be improved. None of these, however, are esential to vitality or stability. No prefect Constitution will ever be made by the hands of man; nor, if such an one should be given to us by Omniscience, would we all be satisfied with it. Human wisdom will never make a Constitution which

Will be, in all respects, precisely what any one and the Constitutions of a large majority of of even those who made it would prefer: all will the States, and of all the slave States in the have some objection to it. And, consequently, Union except Kentucky, may be amendedevery citizen of Kentucky, who thinks for but withholds the right to make any change himself, has felt some objections to our Consti- whatever, however much or unanimously it tution, comparatively excellent as enlightened may be desired, in any other mode than by a candor must admit it to be. Each of us would Convention, and after a persevering and agibe pleased to see it amended if such partial tating struggle for at least seven years. And amendments as, in our judgments, would im- instead of changing merely the tenure of office prove it, could be adopted.-But none of us as proposed, it makes all Judges, as well as would touch a fibre of its roots: none of us almost all other officers, high and low, elecwould essentially change one of the three tive, reduces judicial tenure to unreasonably great organs of its being. Nor have we any short periods, and allows the Judges to be rehope that a Convention, constituted as the eligible. These changes are not only radical late one was, and determined to tear up the but essentially irreconcilable with those proConstitution and plant a new one in its place, posed by the platform. Moreover, instead of will ever establish one as good, or which will such a re-organization of the County Courts live as long, or bear as good or as much fruit. as was contemplated, the Convention provides Under that old Constitution every citizen, for more than 300 new Judges, who, if they however humble, has enjoyed all the guaran- should be abler lawyers than the ordinary tied rights, and the Commonwealth has been Justices, must cost the state at least $150,000 distinguished by a prosperity and a name annually-or, if they should not be jurists, which should satisfy the reasonable ambition of any republic on earth.

will probably increase the drafts on the trea sury as much as $50,000 a year-all for nothing; the present County Courts costing nothing and doing their business as well.

Although every citizen of Kentucky has looked on its Constitution as imperfect, and would therefore have desired to alter it in such In chaining down the Constitution to prea manner as would, in his opinion, improve it, vent alteration, the Convention, instead of yet, apprehending that it might be made worse progressing with the spirit of the age, has, by instead of better under the radical process of one gigantic leap, gone backward to the a total renovation by a Convention armed gloomy days of feudal lords and vassals-has with power over the whole of it, an over- turned its back on modern light and on every whelming majority persisted in overruling a American precedent-has tied a Gordian knot call for such a Convention until the eventful which can scarcely ever be unlçosed unless it year of 1847 when, as a consequence more of be cut-and would thus fasten on this generthe timidity of rival parties struggling for ation and its posterity a Government which, the predominance than of the deliberate however oppressive or odious it may become, choice of the people, an act was passed for but few men will ever hope to change othertaking their vote; and, chiefly as the effect of wise than by revolution. This surely is not the same paralysing circumstance, the call "progressive Democracy." We should suswas made rather by default. To enable pect rather it was a device of Whig lawyers the people to vote with their eyes open in the Convention, to damn the whole scheme to the consequences, the advocates of the call of the little Democratic majority in that published a "platform" of the reforms, for effecting which they desired a Convention. On that platform, believing it to be made in good faith, the people concurred in the solicited call. None of the proposed reforms would have made any radical change in the organic structure of the Government. The most es- And can it be beleived that the Judiciary. sential and conspicuous of them were, 1st. A as constituted in the new plan, will be such change in the mode of altering the Constitu- as all experience demands and the theory of tion, so as to allow partial amendments by every American or modern Constitution (even votes at the polls without the expense, agita- this new one) requires for maintaining intions and hazards of Conventions with full power to change the whole-and 2d. A change in the tenure of judicial office from life to a prescribed number of years-but disclaiming any purpose otherwise to impair the necessary independence of the Judiciary.

body.

Had the "platform" proposed such a Constitution we are satisfied that the call of a Convention would have been overruled by a majority as large as that which, relying on the published basis, voted for it.

violate the guaranties of the fundamental law, and securing impartial justice between man and man? In the whole annals of jurisprudence no such judiciary ever proved adequate to either of these indispensable ends of every good Government. To declare that certain inBut, notwithstanding that implied pledge, dividual rights shall be sacred, or to declare the Convention has offered for adoption a new that the Legislature shall not invade any one scheme radically different from that proposed of them, is a humbug, unless the Constitsto the people for their consideration, when they voted to try the experiment of reform. The new form not only does not permit the people to improve their Constitution by partial amendments, in modes similar to those by which the Constitution of these United States,

tion containing the declaration shall also pro-
vide proper and effectual means of maintain-
ing its supremacy over the repugnant will of
a dominant party, however strong.
this is not done, the practical power is not
where it ought to be, in the Constitution, but,

When

where it ought not to be, in a Legislative ma- the minority and the majority, would have an jority, which it is the chief object of every equal chance of stern and impartial justice? constitutional limitation to control, in the only And for what, but to protect those who have effectual mode, by a firm, honest, and enlight-not the power to protect themselves, is a Reened Judiciary.

publican Constitution ever made? History With a pliant Judiciary, subservient to the tells a warning tale on this momentous subwill of a ruling party, the Constitution will ject, and yet tells not-because the historian fail to protect whenever its protection shall be cannot know-the one hundreth part of the most needed-to save the poor, the weak, and corruptions, the prostitutions, and the oppresthe unpopular from unconstitutional oppres- sions springing from the organization of such sion. Should a triumphant party pass an act a Judiciary as that proposed by the late Conimpairing the obligation of contracts, or an er vention. But it does record, in burning charpost facto act, or an act punishing a freeman acters, the humiliating fact that, even in our for his conscience, or robbing him of his pro-gallant sister State, Mississippi, Judges have perty, the doomed citizen could, with but little closed their courts to avoid giving judgments hope of rescue, appeal to a Judge clected by Sheriffs have resigned to prevent execution the same party, for a short period, and anx--and that, more than once, "Lynch" law has iously hoping for re-election Had such been reigned supreme and unrebuked. our Judges during the memorable "old and With a prophetic forecast, as well as historic new Court" controversy which agitated Ken- truth, Thomas Jefferson, in his notes on Virtucky for many years, they would sooner or ginia, denounced such a servile Judiciary as later, have bowed to the persevering and tre- the supple instrument of faction and of anarmendous majority interested in unconstitu-chy, and said, in reference to it--" An elective tional "relief acts," and the Constitution, in- Despotism is not the Government we fought for." stead of triumphing, as it did most gloriously And echo should reverberate through the whole "Such an elective through a firm Judiciary, would finally have valley of the Mississippi, gone down and become the play thing of fac- Despotism is not the Government we fought for." tion. Popular election may not be the best On this subject James Madison and his colmode of selecting good Judges. Admitting leagues in the work of consolidating our nathe competency of the people to appoint tional liberties, have recorded, for our safety, Judges, as well as the incumbents of the other the following instructions: departments, when they have proper opportu"In a Monarchy it (an independent Judinities of doing so, yet the great reason why ciary) is an excellent barrier to the despotism they should elect the latter does not apply to of the prince; in a Republic it is a no less exthe former. In legislation the constitutional cellent barrier to the encroachments and opwill of the people ought to prevail-and, pressions of the Representative body; and it therefore they should elect their legislative re- is the best expedient that can be devised, in presentatives. The same principle applies any Government, to secure a steady, upright also to most of the duties of the Executive: and impartial administration of the laws." but a very different one applies to the Judi- "The complete independence of the Courts ciary, whose province is, not to echo the public of Justice is peculiarly essential in a limited sentiment, but to decide the law and uphold Constitution. By a limited Constitution, we justice and the Constitution against an oppos-mean one which contains specified exceptions ing torrent of popular feeling. To make to the Legislative authority. Such, for inJudges of the law representatives of public stance, as that it shall pass no bill of attainder opinion, like the makers of the law, is incon- or ex post facto laws, or the like; limitations sistent and suicidal. And consequently, can be preserved in practice in no other way whatever will tend to subject the Judiciary to the fluctuating tide of passion or of party is, so far, subversive of the American theory of Constitutional liberty and security. Had the Convention only provided for the election of Judges for a period of ten or twelve years, and declared against a re-election, we would not have opposed the adoption of the new Constitution on that ground alone. But, by reducing the term of office to so short a period as six years, and allowing re-eligibility, that new scheme of Government holds out a bait which must subject the Judiciary to a capricious power, whose will the objects of its creation and of the Constitution itself require it often to resist and control.

than through the medium of Courts of Justice, whose duty it must be to declare all acts, contrary to the manifest tenor of the Constitution, yoid. Without this all the reservations of particular rights or privileges would amount to nothing." The independence of the Judiciary is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors which the arts of designing men, or the influence of particular conjunctures sometimes disseminate among the people themselves." "The benefits of the moderation of integrity of the Judiciary have already been felt in more States than one." "Considerate men, of every description, ought to prize whatever will beget this temper in Who could expect such a Judiciary, by a the Courts; as no man can be sure that he self-sacrifice, to maintain the integrity of the may not be to-morrow the victim of a spirit of Constitution against an exceedingly popular injustice by which he may be a gainer to-day act of Assembly? Who would hope, that before-and every man must now feel that the insuch Judges the poor and rich, the weak and evitable tendency of such a spirit is to sap the the powerful, the popular and the friendless, foundations of public and private confidence

and to introduce, in its stead, universal distrust."

provide effectual means for maintaining inviolate its theoretic limitations on the will of the These are the wise lessons of our fathers, majority, is not, in any true or available sense, and their truth is stamped by the experience a fundamental and supreme law. It is not, of all ages. therefore, in the American sense, a ConstituAnd, is it not as important to confidence, tion. This our Fathers have told us, and, as security, and justice, in a Republic, that their best legacy, Washington, Madison, JefJudges should not be subservient to a domi-ferson, and the most enlightened of their patnant party, as it can ever be that, in a mon-riotic contemporaries have warned us never to archy, they should not be the tools of an ar forget that great political truth established by bitrary king? Is it not even more important? universal history and consecrated by the im Are not the influence and power of an over-mortal work of their illustrious and eventful whelming majority of the people in a democ-day.

racy more difficult to withstand than those of The new scheme proposed by the Convenone man under any form of Government? tion, in contempt of all the lessons of expeThe one, if a monster, is one-armed--the rience and of the solemn warning of our Patriother might be a Briærian giant with a hundred strong arms.

archs of the purest and brightest age of Liberty, would organize a Judiciary in such a The absolute supremacy of an unchecked manner as to make it subservient to the very majority of the people of any State is the power which the security of all our guarantied most insecure and intolerable of all Govern- rights requires that it should often resist and ments. The grand object, therefore, of every control. Instead of making the Constitution American Constitution has been to secure the supreme over all parties, as every organic sysweak against the strong, the poor against the tem, to be a good one, must do, it instals the rich, minorities against unjust majorities, each transient majority as practically the supreme citizen against oppression by all, and the power over all that concerns the CommonState itself against factious combinations to wealth and every citizen of it. In the act of undermine its foundations. A Government its creation therefore, it commits suicide by of reason, and not of passion-of truth and the infusion, into its viens, of an insidious not of error of virtue and not of vice-of and slow, but sure poison. just laws and not of unjust men-is the first Wherever a similar system has been tried, hope of every Republican, and the ultimate the laws have been unstable, justice capriaim of every well organized Republic. And cious, judicial decisions but little respected, all history, as well as right reason, proves that the weak oppressed, and the Constitution there can be no security to any individual paralyzed. Even in Ohio, where the State right without forganic limitations on the will Judges are dependent, as they would be here of an ephemeral majority. Hence an unlim- under the new form, on the breath of a ruling ited Democracy is an obsolete form of Govern- majority, no Kentuckian can feel any assur ment; and hence also every American Consti- ance of justice in regard to his fugitive slaves tution professes, as its leading object, to guard unless he appeals to a judge of the general gov Liberty, Property and Equality, against the ernment who may have a judgment of his own arbitrary power of shifting majorities, or ra- and firmness enough to utter and maintain it ther of the Legislature, which is the creature in defiance of the clamor of the multitude. of the ruling popular majority. And this And though many there may say that the elec they all propose to effect, in the only efficient tive, periodical, re-eligible judiciary works modes, by imposing fundamental limitations well, you may find that they are holders or exon Legislative power, and by providing a dis-pectants of office or belong to the majority and tinct department for upholding those salutary would therefore, good or bad, praise the marestrictions. Without such a body of Magis- chine that works to their own hands. But intracy all constitutional limitations on the inquire of a disinterested, quiet citizen, and be herent power of majorities would be but cobwebs, and the Constitution itself, which should be above all, would not, when its protection would be most needed, operate at all, as "the supreme law." Without such a tribunal a dominant majority might enforce every If such a Judiciary be, on principle, right unconstitutional act which ignorance or pas- in Kentucky, it would be equally right in sion might induce the Legislature to pass; and every other State; and if right in all the then, for all the great ends of its creation, the States of the Union, it must be right also in Constitution would be powerless-dead. It the United States. Then let Kentucky once would be a useless body without a soul-a adopt the new Constitution, and, by her exmere mechanism without inherent motive ample, invite her sister States and the General power, or capacity of self-preservation. It Government to adopt a similar judicial system, would be all theory, and no practice. It would and soon, the national majority being opposed still speak; but its speech would be meehan- to slavery, abolitionists and free-soilers may ical-the cuckoo note of the dominant party reign supreme through the instrumentality of -and when its protection should be invoked, a dependent servile judiciary-the last constiit would be as dumb and as nerveless as a tutional arbiter of the supreme law of the statue. That Constitution which does not 'Union. And then there will be neither union

will tell you it is a curse that it often does crying injustice to obnoxious or uninfluential persons which the world knows not of—and that it never stays the popular arm of power, when uplifted to strike down the Constitution.