PRELECTION,

Pursuant to adjournment, the Association met at the Court House at half-past two o'clock, Resolved, That our friends in all parts of when the Hon. Geo. Robertson arose, and afthe county be requested to organize themselves ter a few preliminary remarks, in which he as soon as possible for the work before them; briefly but forcibly recapitulated the objecand employ all proper means for disseminat-tions to the new Constitution, closed by reading truth on the great subject to be decided ating the following address which was unanithe polls in May. mously adopted.

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 In conformity to a suggestion by that as-State which the wisdom of antiquity or the sembly we, citizens of Fayette, have convened patriotism of the middle ages ever launched at Lexington to pledge our zealous co-opera- on the ocean of popular will, has sunk under tion in the patriotic work it has proposed, and the waves of party passion. briefly, but candidly, to address our fellow Instructed by the experience of ag es, Washcitizens of the county on a subject most inter-ington, Franklin, Madison, and their compeers esting to us all, and to our children and child-in the Federal Convention of 1787, constructren's children, for generations to come.

To be free is the natural right, as well as the instinctive desire, of all civilized inen. 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

ed 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.

Although every citizen of Kentucky has looked on its Constitution as imperfect, and

would therefore have desired to alter it in such

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.

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 unloosed 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 body.

effecting which they desired a Convention. On Had the "platform" proposed such a Conthat platform, believing it to be made in good stitution we are satisfied that the call of a faith, the people concurred in the solicited Convention would have been overruled by a call. None of the proposed reforms would majority as large as that which, relying on have made any radical change in the organic the published basis, voted for it. structure of the Government. The most essential and conspicuous of them were, 1st. A change in the mode of altering the Constitution, so as to allow partial amendments by votes at the polls without the expense, agitations 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.

And can it be beleived that the Judiciary, as constituted in the new plan, will be such as all experience demands and the theory of every American or modern Constitution (even this new one) requires for maintaining inviolate the guaranties of the fundamental law, and securing impartial justice between man and man? In the whole annals of jurispru dence 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 Constituto the people for their consideration, when tion containing the declaration shall also prothey voted to try the experiment of reform. vide proper and effectual means of maintainThe new form not only does not permit the ing its supremacy over the repugnant will of people to improve their Constitution by par- a dominant party, however strong. When tial amendments, in modes similar to those by this is not done, the practical power is not which the Constitution of these United States, where it ought to be, in the Constitution, but,

where it ought not to be, in a Legislative majority, which it is the chief object of every constitutional limitation to control, in the only effectual mode, by a firm, honest, and enlightened Judiciary.

And echo should reverberate through the whole valley of the Mississippi, "Such an elective Despotism is not the Government we fought for."

On this subject James Madison and his colleagues in the work of consolidating our national liberties, have recorded, for our safety, the following instructions:

the minority and the majority, would have an equal chance of stern and impartial justice? And for what, but to protect those who have not the power to protect themselves, is a Republican 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 oppres the 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 ex 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 elected 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 through a firm Judiciary, would finally have gone down and become the play thing of faction. Popular election may not be the best mode of selecting good Judges. Admitting the competency of the people to appoint Judges, as well as the incumbents of the other 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 than through the medium of Courts of Justhe fluctuating tide of passion or of party is, tice, whose duty it must be to declare all acts, so far, subversive of the American theory of contrary to the manifest tenor of the ConstiConstitutional liberty and security. Had the tution, void. Without this all the reservations Convention only provided for the election of of particular rights or privileges would amount Judges for a period of ten or twelve years, and to nothing." The independence of the Judeclared against a re-election, we would not diciary is equally requisite to guard the Conhave opposed the adoption of the new Consti-stitution and the rights of individuals from tution on that ground alone. But, by reducing the effects of those ill humors which the arts the term of office to so short a period as six of designing men, or the influence of particuyears, and allowing re-eligibility, that new lar conjunctures sometimes disseminate among scheme of Government holds out a bait which the people themselves." "The benefits of the must subject the Judiciary to a capricious moderation of integrity of the Judiciary have power, whose will the objects of its creation already been felt in more States than one." and of the Constitution itself require it often" Considerate men, of every description, ought to resist and control. to prize whatever will beget this temper in

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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 dis-provide effectual means for maintaining inviotrust." late 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 imAre 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 one man under any form of Government? tion, in contempt of all the lessons of expeThe one, if a monster, is one-armed-the other might be a Briærian giant with a hundred strong arms.

The new scheme proposed by the Convenrience and of the solemn warning of our Patriarchs 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 Constitution professes, as its leading object, to guard Liberty, Property and Equality, against the arbitrary power of shifting majorities, or rather of the Legislature, which is the creature of the ruling popular majority. And this they all propose to effect, in the only efficient modes, by imposing fundamental limitations on Legislative power, and by providing a distinct department for upholding those salutary restrictions. Without such a body of Magistracy all constitutional limitations on the inherent 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 mechan- 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

ance of justice in regard to his fugitive slaves unless he appeals to a judge of the general government who may have a judgment of his own and firmness enough to utter and maintain it in defiance of the clamor of the multitude. And though many there may say that the elective, periodical, re-eligible judiciary works well, you may find that they are holders or expectants of office or belong to the majority and would therefore, good or bad, praise the machine that works to their own hands. But inquire of a disinterested, quiet citizen, and he 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.