The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-06-24

IL that IL acceptable 10 every body Take that
master work OF craftsmanship. the Constitution
OF the United States. How many men, if they
had TO frame IL according to their own notions,
would have agreed To all OF il precisely as it is
Sir, il is not one Of those negative pictures
which, when viewed by artists, none see much
to admire, yet which none would propose to
alter, but il is one of thosa magnificent works
of art which, when criticised by precise persons,
each one would suggest some alteration, and
1 yet all others would demur TO the precise one he
would suggest.
| come now, sir, 10 the second proposition
! laid down. They tell us that the compromise
measures are the law Of the land, and until there
IS proposition TO repeal them that il is idle if
not mischieyous to talk about reafirming them.
So did not think our English or American an
cestors, and so have not thought any people
What was Magma Charta! Coke tells us " that
it is decaratory OF ancient law and liberty in
England, not adding any new freedom nor taking
atody any lalgful duties, bui only repetition Of
former privileges which time or oppression had
brought into disuse." Some gentlemen of the
pre- ent day bad they lived then, would have
said, Why, these things are the laws of Eng
land already; it is true we distrust that the
authorities OF the country will observe them,
but they are the laws of the land, and why re-
quire that their authority shall be reafiirmed 2"
So did not think the sturdy Barons of England
Several successive Kings were made to reafiirm
it, and Lord Coke tells US that up to his time
that Magma Charta and the Charta Foresta shave
been confirmed, established, and commanded 10
be put IN erecution by thrty-two acts of Parlia-
ment in ALL" Why was this done? In the first
instance it WAS only deoaratory of existing
rights; and on the last occasion upon which
they were commanded to be put in execution
they had already been reaffirmed thirty-one
times before
What was it that has brought down 10 us
through period of near six centuries, the men,
orable response of the British Lords and Com
mons, to the Prelates in the time of Henry the
Third Nolumus Ieges Anglia mutare ?" The
occasion upon which that famous response was
made, was only important 80 far az the fixed
will OF the Parliament, principles was con-
cerned. The precise bill before them was not
very important.
Hume thus describes il
There had been great disputes between the
civil and the ecclesiastical courts, concerning bas
tardy. The common law had deemed all those
to be bastards who were born before wedlock
by the canon law they were legitimate and when
any dispute OF inheritance arose, it had formerly
been usual for the civil courts to issue writs to
the spiritual directing them to Inquire into the
legitimacy Of the person. The bishop always
returned an answer agreeable to the canon law
though contrary 90 the municipal law of the
kingdom For this reason, the cipn courts had
changed The terms of their ,orit and, instead
of requiring the spiritual courts to make maui
siton concerning the Legitimacy of the person,
they only proposed the simple question of fact,
,oheher he loere born before or after ,cedock fhe
prelates complained of this practice to the Par
o,,to MIL xl ~ 81
this King, and desired that the municipal law
might be rendered conformable to the canon, but
received from all the nobility, the memorable re.
ply, Nolumus leges Angii9 mutare' WE WILL
NOT CHANGE THE LAWS OF ENGLAND"
Now, sir, what has made this famous response
memorable and brought it down to us through
track Of six hundred years? Ii has the emf
nent loyalty to British law, and the 6rmness ex
hibited in it that has embalmed il forever.
During the time of Henry the H., under his |
encouragement, England was infested with for
eigners. They wished to substitute the canon
law for the common law. They never hesitat,d |
to express their adherence of the laws of Eng
land. When these laws We're at any time ap |
pealed to in opposition to their wrongs, they |
scrupled not to reply, What did The English |
laps signify 10 them They minded them mol"
And at that time, too, as now, the higher-law
doctrine met with countenanoe not only with he
prelateo, but with Others in authority Under
these circumstances, the British Parliament felt |
itdue to themselves, on the first occasion which
presented itself, as uuimportant as undoubtedly |
it was in every other respect, not to content
themselves with merely neglecting, or declining
to act upon the proposition to disturb the Brit |
ish- law, but to rebuke that attempt with stern
ness. If they had reasoned as some do now.
they would have said Suppose these prelales
have petiloned US to change our laws: what |
care we? They are the laws, and that is enough |
But so did not reason those men, the respone of |
whom has lived for six hundred years, and will |
live forever. They put down disloyalty to Brit |
ish law, by saying sternly. We aoU not change
The la,os Of England" That was a resolution
of inality in respect to the attempt to substitute
the canon law for the common law. All have
ever wanted was similar resolution against the |
attempts to substitute the higher laws for the |
Constitution of the United States. Sir, in many
respects there is strong analogy between the |
circumstances under which that memorable re.
spouse of the British barons was made, and
those at present existing with us, under which
we have made similar response.
Then there were aliens i'm birth. aliens in Ian |
guage, and aliens in feeling, at work to under
mine the fundamental principles of the English
constitution. Those who are not at work to
undermine our institutions, though not aliens in |
birth, though not aliens in language are as
much aliens in every feeling of loyalty to the
Constitution of the United States as any of
those in the time Of Henry H. were to the in
situtions of England. When those people were
pointed to the laws of England, they said aWhat |
are the laws of England to us 1--WE despse them"
This precise answer is made in respect to our
Constitution, by this other class of aliens. They
say, What is the Constitution Of the United
States to us it is covenant with hell" These
aliens to our Constitution are more despisable
than those of the time of Henry Ill.,, for the very
reason that, not being aliens in birth or language
they are equally so in feeling.
There are other analogies between the two
occasions. The civil courts of England very |
properly changed the form of their proceedings
when 1t was necessary to execute their laws. |
We very properly changed the forms of our pro
ceedings when il was necessary to execute the |
Constitution of the United States Thew left |
nnlv N tba acoloai,efce q tho a;r,rla o,nat;o,,