1615, in Shropshire, England, and was admitted to orders in the English Church in 1638. He refused, however, to take the oath of "Submission to Archbishops. Bishops," etc., and established himself as the pastor of a dissenting church in Kidderminster. He was twice imprisoned for refusing to conform to the requirements of the Established Church. He died in 1691. One of his critics says of him:--

"The leading characteristics of Baxter are, eminent piety and vigor of intellect, keenness of logic, burning power and plainness of language, melting pathos, cloudless perspicuity, graceful description, and a certain vehemence of feeling which brings home his words with an irresistible force."

The sermon here extracted from was preached first at Kidderminster and afterwards at London, and it is said it produced "a profound sensation." As published entire, under the t.i.tle 'Making Light of Christ and Salvation,' it makes a considerable volume.

UNWILLINGNESS TO IMPROVE

Beloved hearers, the office that G.o.d bath called us to, is by declaring the glory of his grace, to help under Christ to the saving of men's souls, I hope you think not that I come hither to-day on any other errand. The Lord knows I had not set a foot out of doors but in hope to succeed in this work for your souls. I have considered, and often considered, what is the matter that so many thousands should perish when G.o.d hath done so much for their salvation; and I find this that is mentioned in my text is the cause. It is one of the wonders of the world, that when G.o.d hath so loved the world as to send his Son, and Christ hath made a satisfaction by his death sufficient for them all and offereth the benefits of it so freely to them, even without money or price, that yet the most of the world should perish; yea, the most of those that are thus called by his word! Why, here is the reason, when Christ hath done all this, men make light of it. G.o.d hath showed that he is not unwilling; and Christ hath showed that he is not unwilling that men should be restored to G.o.d's favor and be saved; but men are actually unwilling themselves. G.o.d takes not pleasure in the death of sinners, but rather that they return and live. But men take such pleasure in sin that they will die before they will return. The Lord Jesus was content to be their Physician, and hath provided them a sufficient plaster of his own blood: but if men make light of it, and will not apply it, what wonder if they perish after all? The Scripture giveth us the reason of their perdition. This, sad experience tells us, the most of the world is guilty of. It is a most lamentable thing to see how most men do spend their care, their time, their pains, for known vanities, while G.o.d and glory are cast aside; that he who is all should seem to them as nothing, and that which is nothing should seem to them as good as all; that G.o.d should set mankind in such a race where heaven or h.e.l.l is their certain end, and that they should sit down, and loiter, or run after the childish toys of the world, and so much forget the prize that they should run for. Were it but possible for one of us to see the whole of this business as the all-seeing G.o.d doth; to see at one view both heaven and h.e.l.l, which men are so near; and see what most men in the world are minding, and what they are doing every day, it would be the saddest sight that could be imagined. Oh how should we marvel at their madness, and lament their self-delusion! Oh poor distracted world! what is it you run after? and what is it that you neglect? If G.o.d had never told them what they were sent into the world to do, or whither they are going, or what was before them in another world, then they had been excusable; but he hath told them over and over, till they were weary of it. Had he left it doubtful, there had been some excuse; but it is his sealed word, and they profess to believe it, and would take it ill of us if we should question whether they do believe it or not.

Beloved, I come not to accuse any of you particularly of this crime; but seeing it is the commonest cause of men's destruction, I suppose you will judge it the fittest matter for our inquiry, and deserving our greatest care for the cure, To which end I shall, 1. Endeavor the conviction of the guilty, 2. Shall give them such considerations as may tend to humble and reform them. 3. I shall conclude with such direction as may help them that are willing to escape the destroying power of this sin. And for the first, consider:--

1. It is the case of most sinners to think themselves freest from those sins that they are most enslaved to; and one reason why we cannot reform them, is because we cannot convince them of their guilt. It is the nature of sin so far to blind and befool the sinner, that he knoweth not what he doth, but thinketh he is free from it when it reigneth in him, or when he is committing it; it bringeth men to be so much unacquainted with themselves that they know not what they think, or what they mean and intend, nor what they love or hate, much less what they are habituated and disposed to. They are alive to sin, and dead to all the reason, consideration, and resolution that should recover them, as if it were only by their sinning that we must know they are alive. May I hope that you that hear me to-day are but willing to know the truth of your case, and then I shall be encouraged to proceed to an inquiry. G.o.d will judge impartially; why should not we do so?

Let me, therefore, by these following questions, try whether none of you are slighters of Christ and your own salvation. And follow me, I beseech you, by putting them close to your own hearts, and faithfully answering them.

1. Things that men highly value will be remembered; they will be matter of their freest and sweetest thoughts. This is a known case.

Do not those then make light of Christ and salvation that think of them so seldom and coldly in comparison of other things? Follow thy own heart, man, and observe what it daily runneth after; and then judge whether it make not light of Christ.

We cannot persuade men to one hour's sober consideration what they should do for an interest in Christ, or in thankfulness for his love, and yet they will not believe that they make light of him.

2. Things that we highly value will be matter of our discourse; the judgment and heart will command the tongue. Freely and delightfully will our speech run after them. This also is a known case.

Do not those men make light of Christ and salvation that shun the mention of his name, unless it be in a vain or sinful use? Those that love not the company where Christ and salvation is much talked of, but think it troublesome, precise discourse; that had rather hear some merry jests, or idle tales, or talk of their riches or business in the world? When you may follow them from morning to night, and scarce have a savory word of Christ; but, perhaps, some slight and weary mention of him sometimes; judge whether these make not light of Christ and salvation. How seriously do they talk of the world and speak vanity! but how heartlessly do they make mention of Christ and salvation!

3. The things that we highly value we would secure the possession of, and, therefore, would take any convenient course to have all doubts and fears about them well resolved. Do not those men then make light of Christ and salvation that have lived twenty or thirty years in uncertainty whether they have any part in these or not, and yet never seek out for the right resolution of their doubts? Are all that hear me this day certain they shall be saved? Oh that they were! Oh, had you not made light of salvation, you could not so easily bear such doubting of it; you could not rest till you had made it sure, or done your best to make it sure. Have you n.o.body to inquire of, that might help you in such a work? Why, you have ministers that are purposely appointed to that office. Have you gone to them, and told them the doubtfulness of your case, and asked their help in the judging of your condition? Alas, ministers may sit in their studies from one year to another, before ten persons among a thousand will come to them on such an errand! Do not these make light of Christ and salvation? When the Gospel pierceth the heart indeed, they cry out, "Men and brethren, what shall we do to be saved?" Trembling and astonished, Paul cries out, "Lord, what wilt thou have me to do?" And so did the convinced Jews to Peter. But when hear we such questions?

4. The things that we value do deeply affect us, and some motions will be in the heart according to our estimation of them. O sirs, if men made not light of these things, what working would there be in the hearts of all our hearers! What strange affections would it raise in them to hear of the matters of the world to come! How would their hearts melt before the power of the Gospel! What sorrow would be wrought in the discovery of their sins! What astonishment at the consideration of their misery! What unspeakable joy at the glad tidings of salvation by the blood of Christ! What resolution would be raised in them upon the discovery of their duty! Oh what hearers should we have, if it were not for this sin! Whereas, now we are liker to weary them, or preach them asleep with matters of this unspeakable moment. We talk to them of Christ and salvation till we make their heads ache; little would one think by their careless carriage that they heard and regarded what we said, or thought we spoke at all to them.

5. Our estimation of things will be seen in the diligence of our endeavors. That which we highliest value, we shall think no pains too great to obtain. Do not those men then make light of Christ and salvation that think all too much that they do for them; that murmur at his service, and think it too grievous for them to endure? that ask of his service as Judas of the ointment, What need this waste? Cannot men be saved without so much ado? This is more ado than needs. For the world they will labor all the day, and all their lives; but for Christ and salvation they are afraid of doing too much. Let us preach to them as long as we will, we cannot bring them to relish or resolve upon a life of holiness.

Follow them to their houses, and you shall not hear them read a chapter, nor call upon G.o.d with their families once a day; nor will they allow him that one day in seven which he hath separated to his service. But pleasure, or worldly business, or idleness, must have a part. And many of them are so far hardened as to reproach them that will not be as mad as themselves. And is not Christ worth the seeking? Is not everlasting salvation worth more than all this? Doth not that soul make light of all these that thinks his ease more worth than they? Let but common sense judge.

6. That which we most highly value, we think we cannot buy too dear: Christ and salvation are freely given, and yet the most of men go without them because they cannot enjoy the world and them together.

They are called but to part with that which would hinder them from Christ, and they will not do it. They are called but to give G.o.d his own, and to resign all to his will, and let go the profits and pleasures of this world when they must let go either Christ or them, and they will not. They think this too dear a bargain, and say they cannot spare these things; they must hold their credit with men; they must look to their estates: how shall they live else? They must have their pleasure, whatsoever becomes of Christ and salvation: as if they could live without Christ better than without these: as if they were afraid of being losers by Christ or could make a saving match by losing their souls to gain the world. Christ hath told us over and over that if we will not forsake all for him we cannot be his disciples. Far are these men from forsaking all, and yet will needs think that they are his disciples indeed.

7. That which men highly esteem, they would help their friends to as well as themselves. Do not those men make light of Christ and salvation that can take so much care to leave their children portions in the world, and do so little to help them to heaven?

that provide outward necessaries so carefully for their families, but do so little to the saving of their souls? Their neglected children and friends will witness that either Christ, or their children's souls, or both, were made light of.

8. That which men highly esteem, they will so diligently seek after that you may see it in the success, if it be a matter within their reach. You may see how many make light of Christ, by the little knowledge they have of him, and the little communion with him, and communication from him; and the little, yea, none of his special grace in them. Alas! how many ministers can speak it to the sorrow of their hearts, that many of their people know almost nothing of Christ, though they hear of him daily! Nor know they what they must do to be saved: if we ask them an account of these things, they answer as if they understood not what we say to them, and tell us they are no scholars, and therefore think they are excusable for their ignorance. Oh if these men had not made light of Christ and their salvation, but had bestowed but half as much pains to know and enjoy him as they have done to understand the matters of their trades and callings in the world, they would not have been so ignorant as they are: they make light of these things, and therefore will not be at the pains to study or learn them. When men that can learn the hardest trade in a few years have not learned a catechism, nor how to understand their creed, under twenty or thirty years' preaching, nor can abide to be questioned about such things, doth not this show that they have slighted them in their hearts? How will these despisers of Christ and salvation be able one day to look him in the face, and to give an account of these neglects?

JAMES A. BAYARD (1767-1815)

During the first decade of the nineteenth century, a most important formative period of American history, James A. Bayard was the recognized leader of the Federalists in the Senate. They had lost the presidential election of 1800, and their party had been so completely disorganized by the defeat that they never recovered from it, nor won, as a party, another victory. Defeat, however, did not prevent them from making a stubborn fight for principle--from filing, as it were, an appeal from the first to the third quarter of the century. In this James A. Bayard was their special advocate and representative. The pleas he made in his celebrated speech on the Judiciary, delivered in the House of Representatives, and in similar speeches in the Senate, defined as they had not been defined before, the views of that body of Conservatives whose refusal to accept the defeat of 1800 as anything more than an ephemeral incident, led to the far-reaching results achieved by other parties which their ideas brought into existence. It was said of Bayard, as their representative and leader, that "he was distinguished for the depth of his knowledge, the solidity of his reasoning, and the perspicuity of his ill.u.s.tration." He was called "the Goliath of Federalism,"

and "the high priest of the const.i.tution," by the opponents of "Jacobinism." as Federalists often termed Jeffersonian democracy.

Mr. Bayard was born in Philadelphia, July 28th, 1767. His father, Dr. James A. Bayard, claimed his descent from the celebrated "Chevalier" Bayard,--a fact which greatly influenced the son as it has others of the family who have succeeded him in public life.

Thus when offered the French mission James A. Bayard declined it, fearing that it might involve the suspicion of a bargain. "My ambitions," he wrote in a letter to a relative, "shall never be gratified at the expense of a suspicion. I shall never lose sight of the motto of the great original of our name."

After preparing for the bar. Bayard settled in Delaware and in 1796 that State elected him to the lower house of Congress, promoting him in 1804 to the Senate and re-electing him at the expiration of his first term. In 1813, President Madison appointed him one of the Commissioners to conclude the treaty of peace with England.

After the success of that mission, he was appointed minister to Russia, but declined saying that he had "no wish to serve the administration except when his services were necessary for the public good." He died in August 1815.

His speeches show a strong and comprehensive grasp of facts, a power to present them in logical sequence, and an apprehension of principle which is not often seen in public speeches. They were addressed, however, only to the few who will take the pains to do severe and connected thinking and they are never likely to become extensively popular.

THE FEDERAL JUDICIARY

(Delivered on the Judiciary Bill, in the House of Representatives, on the Nineteenth of February, 1802)

Mr. Chairman:--

I must be allowed to express my surprise at the course pursued by the honorable gentleman from Virginia, Mr. Giles, in the remarks which be has made on the subject before us. I had expected that he would have adopted a different line of conduct. I had expected it as well from that sentiment of magnanimity which ought to have been inspired by a sense of the high ground he holds on the floor of this House, as from the professions of a desire to conciliate, which he has so repeatedly made during the session. We have been invited to bury the hatchet, and brighten the chain of peace. We were disposed to meet on middle-ground. We had a.s.surances from the gentleman that he would abstain from reflections on the past, and that his only wish was that we might unite in future in promoting the welfare of our common country. We confided in the gentleman's sincerity, and cherished the hope, that if the divisions of party were not banished from the House, its spirit would be rendered less intemperate. Such were our impressions, when the mask was suddenly thrown aside, and we saw the torch of discord lighted and blazing before our eyes.

Every effort has been made to revive the animosities of the House and inflame the pa.s.sions of the nation. I am at no loss to perceive why this course has been pursued. The gentleman has been unwilling to rely upon the strength of his subject, and has, therefore, determined to make the measure a party question. He has probably secured success, but would it not have been more honorable and more commendable to have left the decision of a great const.i.tutional question to the understanding, and not to the prejudices of the House? It was my ardent wish to discuss the subject with calmness and deliberation, and I did intend to avoid every topic which could awaken the sensibility of party. This was my temper and design when I took my seat yesterday. It is a course at present we are no longer at liberty to pursue. The gentleman has wandered far, very far, from the points of the debate, and has extended his animadversions to all the prominent measures of the former administrations. In following him through his preliminary observations, I necessarily lose sight of the bill upon your table.

The gentleman commenced his strictures with the philosophic observation, that it was the fate of mankind to hold different opinions as to the form of government which was preferable; that some were attached to the monarchical, while others thought the republican more eligible. This, as an abstract remark, is certainly true, and could have furnished no ground of offense, if it had not evidently appeared that an allusion was designed to be made to the parties in this country. Does the gentleman suppose that we have a less lively recollection than himself, of the oath which we have taken to support the const.i.tution; that we are less sensible of the spirit of our government, or less devoted to the wishes of our const.i.tuents? Whatever impression it might be the intention of the gentleman to make, he does not believe that there exists in the country an anti-republican party. He will not venture to a.s.sert such an opinion on the floor of this House. That there may be a few individuals having a preference for monarchy is not improbable; but will the gentleman from Virginia, or any other gentleman, affirm in his place, that there is a party in the country who wish to establish monarchy? Insinuations of this sort belong not to the legislature of the Union. Their place is an election ground, or an alehouse. Within these walls they are lost; abroad, they have had an effect, and I fear are still capable of abusing popular credulity.

We were next told of the parties which have existed, divided by the opposite views of promoting executive power and guarding the rights of the people. The gentleman did not tell us in plain language, but he wished it to be understood, that he and his friends were the guardians of the people's rights, and that we were the advocates of executive power.

I know that this is the distinction of party which some gentlemen have been anxious to establish; but it is not the ground on which we divide. I am satisfied with the const.i.tutional powers of the executive, and never wished nor attempted to increase them; and I do not believe, that gentlemen on the other side of the House ever had a serious apprehension of danger from an increase of executive authority. No, sir, our views, as to the powers which do and ought to belong to the general and State governments, are the true sources of our divisions. I co-operate with the party to which I am attached, because I believe their true object and end is an honest and efficient support of the general government, in the exercise of the legitimate powers of the const.i.tution.

I pray to G.o.d I may be mistaken in the opinion I entertain as to the designs of gentlemen to whom I am opposed. Those designs I believe hostile to the powers of this government. State pride extinguishes a national sentiment. Whatever power is taken from this government is given to the States.

The ruins of this government aggrandize the States. There are States which are too proud to be controlled; whose sense of greatness and resource renders them indifferent to our protection, and induces a belief that if no general government existed, their influence would be more extensive, and their importance more conspicuous. There are gentlemen who make no secret of an extreme point of depression, to which the government is to be sunk. To that point we are rapidly progressing. But I would beg gentlemen to remember that human affairs are not to be arrested in their course, at artificial points. The impulse now given may be accelerated by causes at present out of view. And when those, who now design well, wish to stop, they may find their powers unable to resist the torrent. It is not true, that we ever wished to give a dangerous strength to executive power. While the government was in our hands, it was our duty to maintain its const.i.tutional balance, by preserving the energies of each branch. There never was an attempt to vary the relation of its powers. The struggle was to maintain the const.i.tutional powers of the executive. The wild principles of French liberty were scattered through the country. We had our Jacobins and disorganizes. They saw no difference between a king and a president, and as the people of France had put down their King, they thought the people of America ought to put down their President. They, who considered the const.i.tution as securing all the principles of rational and practicable liberty, who were unwilling to embark upon the tempestuous sea of revolution in pursuit of visionary schemes, were denounced as monarchists. A line was drawn between the government and the people, and the friends of the government were marked as the enemies of the people. I hope, however, that the government and the people are now the same; and I pray to G.o.d, that what has been frequently remarked, may not, in this case, be discovered to be true that they, who have the name of the people the most often in their mouths, have their true interests the most seldom at their hearts.

The honorable gentleman from Virginia wandered to the very confines of the federal administration, in search of materials the most inflammable and most capable of kindling the pa.s.sions of his party. ...

I did suppose, sir, that this business was at an end; and I did imagine, that as gentlemen had accomplished their object, they would have been satisfied. But as the subject is again renewed, we must be allowed to justify our conduct. I know not what the gentleman calls an expression of the public will. There were two candidates for the office of President, who were presented to the House of Representatives with equal suffrages. The const.i.tution gave us the right and made it our duty to elect that one of the two whom we thought preferable. A public man is to notice the public will as const.i.tutionally expressed. The gentleman from Virginia, and many others, may have had their preference; but that preference of the public will not appear by its const.i.tutional expression. Sir, I am not certain that either of those candidates had a majority of the country in his favor. Excluding the State of South Carolina, the country was equally divided. We know that parties in that State were nearly equally balanced, and the claims of both the candidates were supported by no other scrutiny into the public will than our official return of votes. Those votes are very imperfect evidence of the true will of a majority of the nation. They resulted from political intrigue and artificial arrangement.

When we look at the votes, we must suppose that every man in Virginia voted the same way. These votes are received as a correct expression of the public will. And yet we know that if the votes of that State were apportioned according to the several voices of the people, that at least seven out of twenty-one would have been opposed to the successful candidate. It was the suppression of the will of one-third of Virginia, which enables gentlemen now to say that the present chief magistrate is the man of the people. I consider that as the public will, which is expressed by const.i.tutional organs. To that will I bow and submit. The public will, thus manifested, gave to the House of Representatives the choice of the two men for President. Neither of them was the man whom I wished to make President; but my election was confined by the const.i.tution to one of the two, and I gave my vote to the one whom I thought was the greater and better man. That vote I repeated, and in that vote I should have persisted, had I not been driven from it by imperious necessity. The prospect ceased of the vote being effectual, and the alternative only remained of taking one man for President, or having no President at all. I chose, as I then thought, the lesser evil.

From the scene in this House, the gentleman carried us to one in the Senate. I should blush, sir, for the honor of the country, could I suppose that the law, designed to be repealed, owed its support in that body to the motives which have been indicated. The charge designed to be conveyed, not only deeply implicates the integrity of individuals of the Senate, but of the person who was then the chief magistrate. The gentleman, going beyond all precedent, has mentioned the names of members of that body, to whom commissions issued for offices not created by the bill before them, but which that bill, by the promotions it afforded, was likely to render vacant. He has considered the scandal of the transaction as aggravated by the issuing of commissions for offices not actually vacant, upon the bare presumption that they would become vacant by the inc.u.mbents accepting commissions for higher offices which were issued in their favor. The gentleman has particularly dwelt upon the indecent appearance of the business, from two commissions being held by different persons at the same time for the same office.

I beg that it will be understood that I mean to give no opinion as to the regularity of granting a commission for a judicial office, upon the probability of a vacancy before it is actually vacant; but I shall be allowed to say that so much doubt attends the point, that an innocent mistake might be made on the subject. I believe, sir, it has been the practice to consider the acceptance of an office as relating to the date of the commission. The officer is allowed his salary from that date, upon the principle that the commission is a grant of the office, and the t.i.tle commences with the date of the grant. This principle is certainly liable to abuse, but where there was a suspicion of abuse I presume the government would depart from it. Admitting the office to pa.s.s by the commission, and the acceptance to relate to its date, it then does not appear very incorrect, in the case of a commission for the office of a circuit judge, granted to a district judge, as the acceptance of the commission for the former office relates to the date of the commission, to consider the latter office as vacant from the same time. The offices are incompatible. You cannot suppose the same person in both offices at the same time. From the moment, therefore, that you consider the office of circuit judge as filled by a person who holds the commission of district judge, you must consider the office of district judge as vacated. The grant is contingent. If the contingency happen, the office vests from the date of the commission; if the contingency does not happen, the grant is void. If this reasoning be sound, it was not irregular, in the late administration, after granting a commission to a district judge, for the place of a circuit judge, to make a grant of the office of the district judge, upon the contingency of his accepting the office of circuit judge.

The legislative power of the government is not absolute, but limited. If it be doubtful whether the legislature can do what the const.i.tution does not explicitly authorize, yet there can be no question, that they cannot do what the const.i.tution expressly prohibits. To maintain, therefore, the const.i.tution, the judges are a check upon the legislature. The doctrine, I know, is denied, and it is, therefore, inc.u.mbent upon me to show that it is sound. It was once thought by gentlemen, who now deny the principle, that the safety of the citizen and of the States rested upon the power of the judges to declare an unconst.i.tutional law void. How vain is a paper restriction if it confers neither power nor right. Of what importance is it to say, Congress are prohibited from doing certain acts, if no legitimate authority exists in the country to decide whether an act done is a prohibited act? Do gentlemen perceive the consequences which would follow from establishing the principle, that Congress have the exclusive right to decide upon their own powers? This principle admitted, does any const.i.tution remain?

Does not the power of the legislature become absolute and omnipotent? Can you talk to them of transgressing their powers, when no one has a right to judge of those powers but themselves?

They do what is not authorized, they do what is inhibited, nay, at every step, they trample the const.i.tution under foot; yet their acts are lawful and binding, and it is treason to resist them. How ill, sir, do the doctrines and professions of these gentlemen agree.

They tell us they are friendly to the existence of the States; that they are the friends of federative, but the enemies of a consolidated general government, and yet, sir, to accomplish a paltry object, they are willing to settle a principle which, beyond all doubt, would eventually plant a consolidated government, with unlimited power, upon the ruins of the State governments.

Nothing can be more absurd than to contend that there is a practical restraint upon a political body, who are answerable to none but themselves for the violation of the restraint, and who can derive, from the very act of violation, undeniable justification of their conduct.

If, Mr. Chairman, you mean to have a const.i.tution, you must discover a power to which the acknowledged right is attached of p.r.o.nouncing the invalidity of the acts of the legislature, which contravened the instrument.

Does the power reside in the States? Has the legislature of a State a right to declare an act of Congress void? This would be erring upon the opposite extreme. It would be placing the general government at the feet of the State governments. It would be allowing one member of the Union to control all the rest. It would inevitably lead to civil dissension and a dissolution of the general government. Will it be pretended that the State courts have the exclusive right of deciding upon the validity of our laws?

I admit they have the right to declare an act of Congress void. But this right they enjoy in practice, and it ever essentially must exist, subject to the revision and control of the courts of the United States. If the State courts definitely possessed the right of declaring the invalidity of the laws of this government, it would bring us in subjection to the States. The judges of those courts, being bound by the laws of the State, if a State declared an act of Congress unconst.i.tutional, the law of the State would oblige its courts to determine the law invalid. This principle would also destroy the uniformity of obligation upon all the States, which should attend every law of this government. If a law were declared void in one State, it would exempt the citizens of that State from its operation, whilst obedience was yielded to it in the other States. I go further, and say, if the States or State courts had a final power of annulling the acts of this government, its miserable and precarious existence would not be worth the trouble of a moment to preserve. It would endure but a short time, as a subject of derision, and, wasting into an empty shadow, would quickly vanish from our sight.

Let me now ask, if the power to decide upon the validity of our laws resides with the people. Gentlemen cannot deny this right to the people. I admit they possess it. But if, at the same time, it does not belong to the courts of the United States, where does it lead the people? It leads them to the gallows. Let us suppose that Congress, forgetful of the limits of their authority, pa.s.s an unconst.i.tutional law. They lay a direct tax upon one State and impose none upon the others. The people of the State taxed contest the validity of the law. They forcibly resist its execution. They are brought by the executive authority before the courts upon charges of treason. The law is unconst.i.tutional, the people have done right, but the court are bound by the law, and obliged to p.r.o.nounce upon them the sentence which it inflicts. Deny to the courts of the United States the power of judging upon the const.i.tutionality of our laws, and it is vain to talk of its existing elsewhere. The infractors of the laws are brought before these courts, and if the courts are implicitly bound, the invalidity of the laws can be no defense. There is, however, Mr. Chairman, still a stronger ground of argument upon this subject. I shall select one or two cases to ill.u.s.trate it. Congress are prohibited from pa.s.sing a bill of attainder; it is also declared in the const.i.tution, that "no attainder of treason shall work corruption of blood or forfeiture, except during the life of the party attainted."

Let us suppose that Congress pa.s.s a bill of attainder, or they enact, that any one attainted of treason shall forfeit, to the use of the United States, all the estate which he held in any lands or tenements.