New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-02-09
MONDAY MORNING, FEBRUARY Q, 1862.

,s.,,i.crs AND DrArHs-we viii hereafter publish the
;u,pic announcement Of marriages and deaths tree OF
hasge -.
The People and their Government.
W. have frequently noticed, Of late, grow
nr disposition tamark out the people and their
government, as antagonistic powers, perpetuaily
n war with one another. In country III !
which an autocratic, an absolute or an aristo- |
,ratic government ruled, and at the same time
4 free. republican, democratic sentiment per-
,aded the masses, this distinction would be nei-
her unnatural nor untrue. but, from the very
tate Of facts, eminently just. Government,
whatever, its particular form, is the symbol OF
popular power, as much so in Russia as in the
United States. An Emperor would be nothing
n an unpeopled, unproducing desert; and q
republican administration is essentially in and Of
the people. Experience, however, has taught
us that the republican or democratic sentiment
does not prevail in every nation; it is feeble
and efortless in France, and as yet has never
known existence in Russia. Wedo not think a
monarchical government ut war with the popu-
lar sentiment of the former, nor an autocratlc
one at war with the popular sentiment Of the
latter, SO far as any popular sentiment exists.
1t is surprising, then, that in our own coun-
try, where popular elections are continually
progressing, and where their results are laws,
that there should be found intelligent men, and
even distinguished statesmen, who should refine
in theory and act in practice, upon the absurd
supposition that there is natural and necessary
antaqonism between the people and Their govern
ment. We have recently seen plain violations
Of clearly ascertained laws not merely excused
but even vigorously INDICATED upon this singu-
lar supposition; and, in every shape and form,
it resolves itself into what is now popularity
known as g Higher Lavish" 1t is curious to
see the infection Of this theory reach even the
most distinguished in the Senate Chamber
~ illustrate in the Senate, on the 18th ult.,
GEN Cass las reported in the Washington Union)
said a
Mr. President, great change has taken place in the
opinions Of world the subject Of political offences
they nowhere carry with them reproach shame They
violate indeed existing laws but they generally originate
in the most praseworthy motives and are pursued a.
the hazard of every earthly good Washington and
host Of other lustros in ancient and in modern
days pursued their patriotic enterprises Nothing more
dfstincty marks the improved condition OF public feeling
the abolition in all constitutional governments
those srocous and revolving punishments once ine1ora
bly, inflicted BY the power upon n a mo t asn avn
edged consistent with every principle OF the mos
rigid morality Theyare recognised as being
but not vicious"
Mr.. Cass went on to say that there was nj
danger Of national applicantions being made
on behalf Of any but good and virtuous political
Offenders We have nothing to do with this
possibility or probability. But look at Gen
Cass theory, that political offences s'nowhere
carry with them reproach or shame'-that they
generally originate in praiseworthy motives
and that, therefore, political offenders should
epep by constitutional governments, be lookec
,,uon with commiseration and treated with tn
greatest leniency.
There is some truth but more error in al
this. The theory is too lax in expression.
appears to be the theory of Sc the motive justife
the deed;' and it Unfortunately mixes u
Washington and every political offender in tn
same category of political heroes. The subjec
Is a dangerous one on which to theorise.
"a Motives cannot be certainly judged. Casa
hastened back from Gaul, to prevent ESQ he pro
olaimed0 the immunities or freedom of Rom
from being sacrificed to Pompey; and his han'
WAS reached out for the imperial crown, whe
bemet the stroke of fate. Had he persisted i
the contest with his rival, he might have know
historic Immortality as patriot hero. III
motive may Justify the deed before the Searche
ri hearts. but before men the known cannot b
justified by the unknown, the deed by the mt
tive. To argue (as Gen. Cass does) that to con
nit a political offence is prirne tacie eviden'
IF the cherishing of praiseworthy motives, is
dangerous social heresy, which that distinguish
oil and patriotic Statesman would not upon L
Election re-enunciate. 1t would justify abol
tionists in slave-stealing; secessionsts in disu
ION: free sellers in resistance to the Fugiti
Slave law, and revolutionary Jacobins in ever
thing treasonable 1t would almost vindca
Catalina himself
81, The common sense Of the matter VIC take
be this:
The POLITICAL offender must stand before t
bar Of the worlds opiuion in the same attitu
ms any other yiolator Of existing laws: and, su
cessful or unsuccessful, find his justification
condemnation in the facts. Ii unsuccessful, t
government he has attacked has only two cours
to pursue, to surrender its power to "a certain
IF repeated attack, or vindicate its. security
enforcing the penalties it has pronounced.
neither case is the political offender entitled p
ma facie to the superstition Of praiseworthy n
tives. He is entitled to nothing more or
than the facts of the case yield him. Eve
case must be judged of as it arises. Unde
constitutional government, political offence
violation of existing laws, an attempt to dist
the peace and security of government, is, in
view, prima facie evidence of guilty and
proper motives; because under such COVE
ment there are legal and regular modes of
dress AS for the measure of punishment
should have this proportion and this limit
gravity Of the offence and the enlightened
manity Of the age.
These We conceive to be the general prin
pies Of the treatment Of political offences q
political offenders. Iii idle, in reply, to pc
out particular case-a patriot struggling g
lantly but unavailmgly for his native lal
against gloomy and aespotic government, e
We have said every case must stand before p,
lie opinion on its particular merits; that eve
L.