The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-15
Mr.. Seward. speech.


claims il 10 the world that he holds COM
mission TO legislate as the steward Of Al
MIGHTY Con, we are prepared to hear any
proposition, however startling, asserted
with confidence, and any paradox main
tanned, however repugnant to the common
sense Of men who transact public busi-
ness upon mortal credentials. In review
ing the speech of Mr.. SEWARD OH the
territorial question, we would be doing
him injustice, as well as the people OF the
Empire State, if we did not clearly define
his position towards the various matters in
issue, as chosen instrument of Heaven,
as well as member Of the Senate APP
pointed in the ordinary way. This is ne
cessary, in order that the country, his
constituents amongst others, may infer
what portions of his address are ascribable
to his natural, and what to his supernal
relations to the subject. It will be con-
coded that many things might be account
ed for when the Senator's remarks are
considered in connexion with his two-fold
character of terrestrial and celestial rep
resentatve, which are totally inexplicable
if he is held to the accountability of other
men. 1t is therefore all-important that
the reader Of his speech should constant
ly bear in mind the following remark of
the Senator, which we now quote, to as
sist US in making such comments upon his
speech as we can find room for to-day.
He said:
"There is a higher law than the Constitution
which regulates our authority the domain
[thc by thetreaty of uadalupe
Hidalgol and devotes it to the noble pur-
poses. The territory is part, no Uncomfortable
part, of the common heritage of mankind, be-
slowed upon them by the Creator of the Universe.
We HIS stewards, and must so discharge our
trust to secure in the highest degree their hap
-piness. How momentous that trust is may
learn from the instructions of lord BAcoNl the
founder of modern philosophy"
There is then a higher law than the
Constitution J for Mr.. SEWARD, and, as a
consequence, higher obligation than hi:
oath to support that Constitution. He
has, therefore, cut himself loose from the
restraints which are obligatory upon his
brother Senators, and finds charter fol
his senatorial conduct in the casuistry o
theologians, the dicta of modern phloso
piers, and the suggestions Of metaphysics
theorizers. This gives him scope a
unconfned as the winds, as in none o.
those schools are the interpreters Of re-
ligious and moral responsibility a viii
more consistent and certain than the con
structions opposing parties give to thu
meaning of the Constitution itself. Hi,
political faith is impregnated with all thu
mysteries of sectarian philosophy, hi
sense of obligation to his oath of office j
weakened by the mental reservation Of
scholastic adjuration, and his action a
Iawgiver controlled by the rigorous for
mularies of ecclesiastical synods.
We design TO show how dangerous
thing il is for politician to discard tn
authority of constitutional law-dangerou
to himself as well as to the public. Ii
SO far as the public are concerned, Their
is no safety TO property, or securit,
TO life and limb, if the public servan
can set up for himself law differ
ent TO and above the sovereign will a
expressed in written constitutions. An,
act of tyranny, beginning with indul
gences and ending with the inquisitiol
and the auto da fs, can be adopted, and fin
precedent in the history Of this /" highe
law Of which the Senator speaks. But th
politician himself encounters perils dan
gerous TO his fame, his usefulness and hi
influence, in asserting for himself an i'm
munity from the obligations Of the Const
tuition and his oath TO support it, He ca
hardly expect TO convince those wit
whom lac Is associated that he is bette
than they, and claim to be so will pre-
duce conviction that he is not so gooc
And, moreover, in assuming TO reprcser
transcendental constituency, his cours
will be as devious and contradictory a
his responsibilities are nebulous and IL
tangible.
We have already seen that Mr.. SEwAR
Acknowledges "higher law" than III
Constitution--that is, the law Of th
Creator OF the Universe whose stewar
he is to keep slavery out Of California
And yet in this same speech Mr.. SEwAR
as distinctly stated that
"CsIifornia ought 10 come in, being free stat
and, under the circumstances Of her conques
:. her compact, her abandonment her justifat
and necessary establishment Of her constitutio
and tho inevitable Acknowledgement Of the cmpi
consequent upon her rejection. should havs pot
for her admission, II she had come in as a ,a
STATE"
This statement he reiterated in anoth,
part Of his speech. SO we see that MI
SEWARD moi only Acknowledges "high'
law than the Constitution"-the law
S,od---hut that IN a ninch hc would dis,