Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-10-21
FALSE THEORY OF THE CONSTITUTION
FURTHER CONSIDERED.

tary to the subject which occupied SO large space
in our columns week ago to-day
The Review which we then presented although
to those who were twenty years ago on the ac-
tive stage of life it could only serve to refresh
their memory of scenes which absorbed all minds
as they occurred to promise greater USE
funess in bringing, perhaps for the first time, to
the thoughtful notice of the young of the coun
try (aready welding its energies and SO soon to be
its gravest counseors) one of the most subtle and
dangerous theories that ever threatened the stability
of our institutions.
The political doctrine reiterated by Mr. Senator
SUMNER, at a Convention held in his own State
since his return home from Congress, is a strik-
ing proof Of the great practical evils which that
theory involved. To many of those who, on account
of the immediate end at which in its origin it
aimed, were prone to adopt that theory without de-
liberation, we well persuaded it will now exhibit
itself in its true nature and tendencies and that by
them, as by us, it must be rebuked and denounced
as destructive of social order, incompatible with
cial obligation repugnant to right reason, and rash
ly defiant to all law and all government. Some
there are, doubtless then deaf in whose ears the
voices of CLAY and WEBSTER are already resound
ing, like the echoes Of prophecy in the hour Of its
ful6lment. Philosophers may map the currents Of
the winds and storms Of the physical world, but
who shall venture to delineate, with all the helps
that history can lend them, the Of those yet
more lawless tempests which from time to time
sweep over the minds Of men! What prognostica
tor, however fanciful, would have ventured to pre-
dict that Massachusetts,, who gave to the Constitu
ton it most gigantic champion, should soon after
the first autumn's leaves had fallen upon his grave,
furnish forth Quixotte to SILVER his lance of ath
against its battlements, amidst the plaudts Of men
Of Massachusetts,? Yet the printed "speech" of
Mr.. SUMNER, which we have before us, certfes the
fact. We have "applause' and "applause" score
of times, and when this is exhausted we have g SEN
,sATIoN;" and all in exuberant jubilation over
weak4attempt to prove that the great organic law
of the land is no stern reality to which all must
bend, but the mere whimsey of every idle mind and
every dreaming moralist, and, worse, the ready
shield of every lawless spirit since each and all
must, in case of " conscience" have the lawful
privilege to read it by his own light, and TO ACT
apon his own reading.
1t will puzzle Mr.. Senator SUMNER, with all his
acknowledged cleverness and Skill to show that his
doctrine does not mean all this, unless it means
simply nothing but bait for empty plaudits.
Hear him.
But it is sometimes gravey urged that since the SUI
preme Court of the United States has affirmed the
stutionaty Of the Fugitive Act there only remains to
in all places, whether in public station private c
gems, the duty Of absolute submission. Now, without
stopping to consider the Of their judgment
the Constitution of the United States as understand It,
exacts no such passive obedience And in taking the
oath support the Constitution have sworn to support
it as understand it, and not other understand
lit. Loud applause. When it had subsidized it fol-
lowed by three rousing cheers for Mr. SUMNER. y
Again. (and this is the perfection Of logic for the
multitude3
From the necessity of the case, must swear to sup
port the Constitution either ds do understand it
do NOT undrstanda. daughter ]"
Vastly entertaining this, and evidently conclu-
sive in the apprehension of that audience. But did
it not occur to the learned Senator that under a
Government Of laws, and Constitution (the same
about which he was speaking) which rests upon
three equal coordinate powers, one Of which is
called "THE JUDICIAL POWER" it might possibly be
rot of the slightest consequence as to his personal
responsibility, which way he understood it, or
whether he understood it at all? We have heard
among lawyers and judges some such phrase as
fignorantia legis nensinem ercusat." Now, if
oe Of the laity be not excused by reason of his
ignorance Of the law, his peculiar notions Of its
Interpretation, we do not clearly perceive how any
geater immunity can be claimed by gentleman
1do have nothing to plead in mitigation Of his
iporance. There is story (whether it is in the
labooks or not, the learned Senator can tell, not
w) that knight Of the road understood the COM
non law of " immemorial custom" after singular
fahion, and he pleaded in his defence that there
custom, whereof the memory of man runneth
lot to the contrary, to rob on Hounslow Heath"
j the mazes of the law many an honester msn has
ut his way. But the plea did not strike the judges
swell founded in the law of prescription as they
understood it." and so the pleader's understand
ng of it did not secure to him the comfort of dying
h bed.
But the honorable Senator seems to hint, though
Sbscurey at some distinction between the right and
duty of him who has sworn to support the Constitu
tion and him who has registered no such vow and,
strangely enough he appears to attribute greater la
titude to the former than the latter.
Let us consider this moment He who swears
20 sunnort the Constitution rnust he r-aa.,al :;