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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 156   View pdf image
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156
powers of our governments, used the following
language: "It ever the free institutions of
America are destroyed, that event may be at-
tributable to the unlimited authority of the ma-
jorities, which may at some future time urge the
minorities to desperation, and oblige them to
have recourse to physical force Anarchy will
then be the result, but it will have been brought
about by despotism." To a government founded
upon the will of the majority, without such whole-
some checks and restrictions as exist in our governments,
this language might be wisely and
appropriately applied. But it never was contem-
plated by the wise and patriotic founders of our
governments that the will of the majority was to
rule supreme. Jefferson, the father of Democra-
cy, as he has been aptly styled, says that "mi-
norities must be protected against the oppression
of majorities." He says, also, in one of his let-
ters to Madison, " the tyranny of the Legislature
is most to be feared." It becomes us then of the
southern and less populous counties of the State,
to guard now, while we have it in our power to
do it, against this tyranny of which we are
warned, and which may, and I verily believe
will. come upon us in the course of time, if we
neglect now to hold on to that power or such a
part of it as will enable us to protect our in-
terests, I mean the institution of slavery, which
exists almost exclusively with us, and our pro-
perty from taxation, for purposes not only not
beneficial, but injurious to us
The doctrine that the will of the majority
should govern, carries with it the idea that it
can impose no restraint upon itself, which it is
not perfectly competent to remove at its will
and pleasure. Intimately connected with this,
is the equally dangerous doctrine so earnestly
advocated in the earlier part of the session of
this Convention, "that the people have an in-
alienable right to alter, amend, or abolish their
form of government in any manner, and at any
time they may deem expedient." That they
have a right to do this, without any regard to
any compact, previously entered into for pur-
poses of government. If these doctrines betrue.
Mr. President, they can make and unmake gov-
ernments as often as it may suit their will or
caprice. They can build up thrones and tear
them down. They can establish monarchies and
empires, and destroy them. They can break up
an orderly, peaceable and prosperous govern-
ment, and substitute anarchy and confusion.—
They can, in fine, sir, do any thing and every
thing which their will directs, and their physi-
cal force can accomplish. And all this, sir, by
virtue of the supreme law of the majority's will.
The poor, law-abiding, order-loving, helpless
and defenseless minority must submit, or be an-
nihilated. Hard as it must be, submission or
annihilation are the only alternatives. These,
Mr. President, are extreme cases; and I have
only cited them, to show the absurdity—the un-
reasonableness of the doctrine. I say this, with
all respect for the contra-opinions of others.
1 am fully aware, sir, that I shall be charged
with a want of confidence in the integrity and
discretion of the people. This is generally con-
sidered a knock-down argument. Popular dis-
trust—a deadly poison to the political aspirant.
Sir, I have as much regard for the rights of the
people—I have as much confidence in their in-
tegrity and discretion, as those who profess to
have more. I, sir, am one of the people. I feel
sir, that I am emphatically one of the people. I
speak as one of the people, and I wish no man to
entertain a higher regard for my rights, than I
entertain for the rights of the people. And if the
people are left to their own intelligence and un-
biassed judgment, unwrought upon by political
factionists, aspirants and demagogues, who un-
dertake) while they are contented, prosperous,
happy and free, to instruct them as to their rights,
and tell them that they are oppressed. I say if
they are left to their own intelligence and un-
biassed judgment, I have as much confidence in
their integrity and discretion, as I wish any man
to have in mine. Again, sir, I say, I speak as
one of the people. I ask, I seek no political pre-
ferment. I but give utterance to the honest convictions
of my best judgment, and so long as, and
as often as I may be placed in a situation which
seems to require it, I trust I shall always have
the moral courage to give an honest expression
to my honest opinions. Moral courage ! The
words remind me, that it is a virtue, which can
not be too sedulously cultivated and practiced by
politicians generally. With what greedy eager-
ness do we find them collecting, and storing up
in their memories, the acts and opinions of
others, who differ from them to be used as ma-
terials for political harangues before the people,
that they may teach them to know who are their
friends and who their enemies. They will flatter
them as dexterously as the most sycophantic
courtier, that even bowed before the throne of
an Eastern potentate. They will laud and praise
their honesty, intelligence and judgment. They
will depict in the most glowing and pathetic
terms, the rights and privileges which are theirs.
They will assail as the enemies of their best in-
terests and dearest rights, those who differ from
them in opinion, and will hold them up as ob-
jects worthy of their just indignation and con-
demnation, All this has been done, and will he
done again—to advance the interest of whom? Of
the dear people? No sir. but of dearer self.—
Self-interest is the moving principle—self ad-
vancement—the warmly cherished object. Let
the tongue speak the judgment of the silent, but
often stifled monitor, that is planted by the Diety,
within the bosom of every man, and it will con-
firm the truth of what I say.
I have been inadvertenly led, Mr President,
into this digression from the subject under con-
sideration, for which I hope to be pardoned.
I will return, sir, to the subject. As applica-
ble to the doctrine of the supremacy of the will
of the majority, I beg leave to refer to the opin-
ion of Mr. Hamilton, as expressed in the Federalist,
No. 71.
"There are some," says he, "who would be
inclined to regard the servile pliancy of the Exe-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 156   View pdf image
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