, 1854-04-29

the keeper Nrresteu Gnu imprisoned. 1
,ros, the wealhiest men in the community
rIl be made justices of the peace, should
his law pass, for every man who possesses
wNcient legal uttainments to distinguish
between Blackstone and the Bble-civil
.od divine law-will tell YOU that the jus
ice who issues search warrant, on that
cIause. will be liable 10 very heavy DANA
%, Test that question, if You choose, and
sec whether you do not test, also, the length
Of the Justices purse.
The constitution Of the United States
rurantees that on all criminal trials, the
sccuscd shall he confronted with the wit
nes,es against him." should like to he
informed how that barrier is to be removed
know we are progressive, that we Sneer
at every thing that belongs to the past, as
antauated and fogyish, but l hardly think
we have become such Jewelers. as to topple
down constitutions, and every other well
settled principle of law, that comes in our
way. / have heard it repeatedly said by
men who, confident in their auency of Ian
ruage, a readiness Of words, serving to
conceal the weakness of argumcnt,-thcy
we're ready to debate this law before the
people, on all its Objectionable points. In
Ibis It would certainly be ror ei Pretcjed
ahIr-wordS and naught else.
Section Is is merely explanatory Of Sec
ion IA. The crime is mentioned in that
section; this refers TO the appeal Judge
Curtis, of the United States Supreme
Court, decided, in an elaborate opinion in
the case of Green vs.. Briggs, that the clog
on the right of appeal, was clearly uncon-
stitutional.
Can We, as republicans, vote for law
containing such a clause ! Furnishing a
man for daring to ask what he deems jus
tice ct us take heed, before we 60 too
far, lest we trdmpel under foot rights that
are the heirloom Of every free-born man.
Can We deny that which the laws Of every
country, but an absolute despotism, guar
autees to even the lowest criminal--a fair
and Impartial trial? If ltaly--a land
where outward nature, so bright and beau
tiful, is strangely in contrast with the op-
pressiveness of the government: the low
moan Of the hearts throb Of whose people
We can almost hear OH this distant shore,
90 far across the waters:-if that were our
land, or rather government, this might be
In accordance, and not, as now, at variance
with the very spirit Of our Institutions
There faith and order are proclaimed by
the church and soyereignties The church
says believe" and the kingly and ducal
authorities say "obey;;" and what between
believing and obeying, there is scant space
left for the (untrammeled will.
1t was on this very ground the Nova
Scotia liquor law was vetoed by Queen
Victoria. 1t was too oppressive for con-
stitutional monarchy: it remained for re-
public to attempt its adoption. When we
become subjects, instead Of citizens, it may
answer-not before.
Section II is illegal. Numerous judicial
authorities can be cited, to prove that q
law cannot become such on the contingency
Of submitting it to the people, The Su-
preme Court decided that the statute Of
February 10th, lS47, in Delaware, proyid-
ing that the citizens Of the several coun-
ties in that State, shall decide, by their
votes, whether or not the retailing Of inox-
icating liquors shall be permitted in satd
counties, is unconstitutional, because the
legislature cannot delegate the power of
making laws, TO any other person or body"
Il Rice vs.. Foster, " Harring, 40
The same decision was made by the Su-
preme Court in New York, on the school
question; in Ohio on railroad law; in
Pennsylvania on the license law; and now
We have, by the very last mail, Chief jus
tice Heydcnfeldt's opinion Of the same ma
ture, on the removal Of the State capital Of
California. And yet the member from
Thurston has the coolness to say that this
law, in oil its clauses, has been decided by
the Judges in all the eastern states, to be
Constitutional. F..r
am tired of assertions: Iwant the facts.
II the gentleman will show ME one solitary
decision, 1 will acknowledge my error and
vote for the law. Till then, l may be par
dOned il ! say l have all the legal authori-
ty on my side.
There IS still another view Of this sub
mitting laws to the people. Grant that the
state possesses that right; that as sover-
eighty emanate from the people, they only
temporarily delegate it to a legislative body,
for law making purposes, and it can be re-
delegatedrto them again. Territories have
no rights except those expressly delegated
70 them in the Organic Act; whatever is
not mentioned in that act, remains in the
body BY which it was created. Territories
are colonies, and belong to the whole Uni
ted States, and are entirely under the juris-
diction Of Congress. There can be no ques-
ton, therefore, Of the utter illegality of
what we are aiming to effect. Arrogating
70 ourselves power which the strictest
consiructionist of states rights, cannot
Claim. ] lay it down as an incontrovertible
iaet, that the legislative power invested in
this legislature, by Congress, cannot be del
egated to any other body. We are going