Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-11-29

VI law udt tdkcs properly HUN a dush8ivC0 - "
D, is contrary to the great FIRST principles of the
rightfid exercise Of legislative authority" But,
says Judge Iredell, in the same case, 'If, on the
other hand, the Legislature of the Union, or the
Legislature Of any part of the Union, shall pass q
law within the general scope constitutional
poUer, the Court cannot pronounce IL to be Uoid,
merely because II Is, In their Judgment, contrary
TO the principles of natural justice" Again :
IS The question whether law be void for its re-
pugnancy to the Constitution is question which
ought seldom, HeUer, to be decided in the Gtirma-
fiUe in doubtful case. The opposition between
the Constitution and the Law should be such that
the Judge feels clear and strong conviction OF
their incompGtibikfy with each other" (6Cranch,
Fletcher VS.. Peck.) In getting at the meaning Of
the people, in the Constitution OF the United States,
the Federal Courts are guided by the cypress
tcords or the necessary implication. They say
|Q Wheaton, 324) that the Constitution, like
every other grant, is to have reasonable costruc-
fion, according to the import of its FERNS the
WORDS are to be taken IN their natural and Obvious
sense" &c.
This is a brief summary of the doctrine and
rules of Interpretation adopted by the highest r-
bunals of the nation, in their administration of con-
stitutional law. They have defined, supervisory
power over the Legislation of Congress and Of the
States but they do not claim to interfere with the
efficient operation Of any law, unless its very Terms
conflict with the fundamental charter. In no in
stance have they ever declared statute |" uncOn-
situtional because it was in violation Of the
!. higher law" or contrary in their judgment to
the principles of natural justice"
There is no authority vested in any other Court,
or in any person or number of persons, to declare
an enactment Of the National Legislature void.
deny that even Congress can do it, 60 mod0. If
every member of both Houses should unite in re-
solution expressing their conviction that particu-
lar law was contrary to the Constitution, it would
not avail. They must repeal the obnoxious sta
tute, or il remains in force until the Supreme
Court decide invalidity for that cause.
If am right in these views, how monstrous and
anomalous does the proposition appear, which was
gravey argued before the Court lately in the case
Of the United States VS.. Morris. That a jury, Sc
lected from the common mass Of citizens, without
reference to their legal requirements or particular
intelligence, should be allowed to exercise power
which the Supreme Court has not, does seem most
preposterous. 1t was seriously claimed however,
that twelve men, impanneled and sworn, not to
support the Constitution, but to try the issue and
give true Uerdict according to the EVIDENCE, were
bound by their oaths to disregard the direction Of
the Court and if they conscientiously believed"
the fugitive slave law unconstitutional, so to de-
eide; and thus nufy solemn act of the National
Legislature. Upon what ground this feature of the
case was urged does not, appear in the report |
have seen. As, however, this abused statute is
not only consistent with the terms of the funda-
mental law, but actually framed to carry out one
of its distinct guarantees, presume it was because
its provisions for the reclamation of runaway
slaves were considered as contrary to "the prin-
ciples of natural justice" &c.
Rut | ovfondin1 this latter further thon vnn
may think the subject warrants. A few years ago
would have laughed at the absurdity of the pro-
position set forth in Morriss case. cannot do so
now. Iregard it as serious and alarming. There
appears to be growing disposition with many to
disturb social order, and destroy constitutions Jaws,
and all established institutions that ntarfere with
tho progress Of fancled reform. Ant-Renters, FIJI
busters, and Sympathizers, in some of their mani
festatons, are every where. Crude notions and wild
vagaries about liberty and equality" seem to have
taken extensive hold of the common mind. Thereare
not few, fear, who think that popular freedom
cannot consist with the restraints of Government.
Every thing is to be thrown into the vortex Of I'M
settled opinion, as variant as the feelings and pas
sions of men; and the gravest questions of home
policy International relation to be determined
by the verbose, inflated, and often nfammatory re-
solutions Of town meetings.
If we could credit loud professions, all these
movements originate in patriotism and philan-
thropy. One set of agitators claim the immediate
emancipation Of the slaves, and they would destroy
the Union to effect this object; another puts forth
an agrarian project and demand the public lands !;
a third is for revolutionizng the world and !" the
rest of mankind to establish universal liberty.
Different devices have been employed to further
this great enterprise; and to obtain money, which
is the sinew Of war, popular freedom has become
matter Of speculation in the stock market PHI
lanthropy does not always make men lose sight of
thrift. The song speaks of one who was " all for
love, but little for the bottle" So the most ardent
Flibustier took care to buy his Cuban bonds at a
large discount. believe they were sold at ten cents
for the dollar, and poor return was made even at
that. We hear now of the Kossuth fund, and DR..
K1NKLE is, like another Peter the Hermit, preach
ing crusade against the monarchs Of Europe, and
at the same time negotiating his German loan. =
have no objection against persons who have mo-
ney to spare giving it to him, and think can
mise that they will receive their dividends lad
Gr@cas calendds."
do not wish to disparage these foreign gentle
men. KossUTH comes here by invitation from the
Government, and is therefore entitled to every pro-
per respect and attention Nothing, however, should
be done that might lead him to mistake the gene
rous sympathy of our people for a disposition to
aid him in any further enterprise against his own
sovereign. he can be content, after his life of
struggle and turmoil, to sit down with US as quiet