Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-10-21

anonS olutI tnng al oatn 10 suptnlt W tnat iHeei
probation, and to reject all other interpretations;
not, to be sure, in opinion (or mere opinion rests
in the mind, but in conduct in submission, in
tive duty Arrived at this point, he will read that
the Judicial power of the United States shall be
vested in one Supreme Court, and in such inferior
courts as the Congress may from time to time or
dain and establish" And little further on !:
" The judicial power shall extend TO ALL CASES. in
law and equity, arising under the Constitution,
the laws of the United States, and treaties made"
&c. And even that it shall extend " to coatroper
sizes Jetgeen tao or more States"
1t seems to us that he who shall have read thus
far, though his curta supeNe1 Of understanding
might avail for little more will have perceived that
the power to decide cases authoritatively must in
volve the power to interpret the Constitution and
Laws authoritativey since the cases thus to be de-
cided are all cases" arising under the Constitution
and Laws" and consequently that his oath to sup
port this Constitution binds him to submit to such
Interpretation and that whatever he may under
stand Cor not understand of the matter is of not
the slightest consequence upon the question of his
duty to the Constitution and the Laws, when that
duty is thus plainly pronounced.
We should say, therefore, that Mr.. SUMNER has
inverted the true course of reason so far as be would
seem to claim greater latitude for himself than for
his unofficial constituents; and that, whatsoever he
may lawfully do in the premises, that and Gf there
were any difference) more may each one of them
do But there is no distinction between them; and
we should marvel much if the men Of Massachu-
sets should tolerate any such notion. So would
Mr.. SUMNER. Accordingly we do not find it dis
tincty propounded. It is rather implied in phrases
artistcay put together for the apparent purpose
dragging in and thrusting into the van Of the argu
ment question Of conscience arising upon the solemn
obligation of an oath. But we have seen that that
oath distinctly assumes upon the conscience the
duty Of submission to the authoritative interpreta
ton of the Constitution and Laws by the judicial
power
Yet the honorable Senator, "witsout stopping to
consider the soundness of the judgment affirming
The constitutiona1iy ofhis act" (the fugitive slave
law affrms his right to decide that question for
himself; and asserts that the Constitution" (pro-
baby scitaout Stopping 70 consider that either
" eracts such passive obedience" That is, the
Constitution exacts mo obedience to its own clear,
plicit, imperative demands If this be true of Mr..
SUMNER, (who has taken the oath is it not true of
every man who has not bound himself in like man
ner? What follows then? We have no fixed Con-
stitution and no certain laws. They as variable
as the clouds that every gust ofwind may model as
it isteth. Miserable is servitude where the law is
either uncertain or unknown
Better tear your Constitution and your Laws to
fragments and scatter them to the breeze at once,
than leave them to be thus wrested to the defence
Of every act of phrehzy or Of faction which
to its aid an understanding that will not "stop
to consider" There Isl indeed, nothing to consider
but the question, aolati is The Lacs But if this In
quiry is not to be answered by the constituted
thorites-if the Government, in some form other,
or by some agent other, is not to give the final
absolute response, then there is end of all Gov
eminent: for it is vain to the power Of
acting laws and publishing them in human language,
to be enforced for social ends and by social penalties
while every subject of those laws is invested with
the jurisdiction not only to interpret them, but to
determine whether they are not absolutely null and
void. This is simply the absence Of all law for
law is rule prescribed for its subjects but this is
merely appeal for voluntary action addressed to
the understanding and will; and thus the whole
criminal code, and all the sanctions and terrors of
the law, are reduced to mere moral suasion This
may do for Utopia; but we know no spot on earth
where it would not substitute anarchy for order and
lawless violence for peaceful right.
We are too well acquainted with Mr.. SUMMERS
natural endowments and his liberal education to feel
at liberty to suppose that he has COMPOUNDED the
duty Of submission to Government and Law with
the idea Of that divine right" Of kings and princes
which denies to the people the right of weighing
their Government in the balance, and by revolution
destroying it. if it be found wanting for the ends of
"lfe, liberty, and the pursuit Of happiness" We
know, in the language of the Declaration of indie
pendence, ct that whenever any form Of Government
becomes destructive of these ends it is the right
of the people to alter to abolish it, and to inst
tute new government, laying its foundation on
" such principles, and ORGANIZING ITS POWERS IN
" SUCH FORM, as to them shall seem most likely to
effect their safety and happiness" This is the
right of REVOLUTION. But the noblest revolution
itself is nothing worth---is vain expenditure of
blood and treasure, fruitless exercise Of all the
highest and most devoted and unselish qualities of
mani, when it is accomplished, when new gov
eminent is instituted, its foundations laid in such