New-York daily tribune., 1856-08-05
elf in retting up cobwebs Of forms against I,s ~.


this prrcips IL sir spaogies arse, ], s the b.,
mes. u e,s'esmen and patriots Of legslstors boS,,
true and enlarged views, ~ avow II, To respect IL
sct ppon H. and to perPetuate It. And be is bat brs
at,eIfiye TO the guards which should be consan,lv
.hroWr around our institutions, and little soh.,oas ~
tIei, pennsnency who wOud, IN fair case for as az
e,ci,e eyade by quinble the great principle WIZ
p.ryaots ard sustsDs them. AT every occsson 0.
sbich the copular will Is defeated, our Goyernmen,
nc. yes a shock slight violent as the case may b.
and tie respect and confidence OF the masses IN is a
tice Ard p.rf, cuon are mre or less shaken.
TIE cd doctrine that Govern Lent q contraab h.
tween the people and Their rulers, al l'igh GOD
enough FOX the L btrss Of England, who uPIn As,
doctrine ce,hr neo their Donarchs has Deeh ons $50
e1pn oed. AID yet there are men who. aAhough toey
VII not ayow H. make IT, uncOnsciousy p'rhapS ths
rule OF action. They hove horror OF P'plar Spns
NJ. ad hind Of pcr'inaeous .nd suprrslao1s IL.
sinct Of adherence to established ions 10 preference
tn ,r,cip.ts They have sot OF vague ani unde-
6n,o fst, that h. line will rot be properly drsyo b..
twe,n a tIu, popular governmental movement, and
ur,doLli once of stormy anarchy aud unlicensed
erce, fo,g, ting toat the people, sharing the same
fars aIa i,.tincts themselves, are mOre Disposed
, sfe, while evils are sufferabe than 10 right taen-
"s,iy,, J., ubo shipg tie forms TO which they ars
accusi, med" Men ano s'ate'rnen, therefore, VIE
le.I 10 The suppres. ion Of TIE popnat WIZ oscsnse
o4s rot IN all erpecs col form 10 the tecohc iries@
f,m. a, c!eAry ook ing in the wro direction, sppSe-
b.piye Of evils which are only imag aua esss-
yatu 9 evils vi icL really exist.
oTstt tb Il every tumultuous and ephemera Assem-
blagt Of numbers, bearing no proper prVPo'u "a 70 Tie
,bvle OF "a political people, dictated oy SUD et
c,. na, con .cteG wIthoGt order, its p4r.cipaofs
~. ipd, icrazt D, their viii mPeuecty asc-taaed'
.rd their numbers too email or uuasceranaoe, Is not
,n b. REGARDED But when the process of expressing
,ornI.r viii il general aud deliberate, when il Is d.
iec,4d 10 a leg mate object, aud all proper pTeciu.
tols are arcpvd 10 cODtue is acton 10 The true po-
III al people" 10 il dvcuslze the psrtlcipaors, 10
define The nuuibers to exhibit ceary the oo)ect And
mr. "A IA
even II gipateC by themselves especially when anal
soous Il those gel eIally received AID adop'ed by
uublc sentiment and legal Irovrlon, ana SheI every
step marked by canine ss add good order presents
d caee Ehcb 10 iepubhean statesman Shouu usfe-
card aDd which cannot be disr-gar,ed without run
mig counter to all the apple ,ble aathorl,ies, doing
yiol,uce % the genius ana fundamental prncipes Of
or stitu'l0bs aha gou <, at east TO some extent
toward sustaining the monarchcal doctrine tnat he
pubic Is impGciIcable and that the people are es 10
be trusted IMAM tn wisGom of those who az toe time
happen 20 be IN office.
n will not do i'll this country, TO repudate end re-
ied & true and well dtfued expression OF popular Til
IN Il stluate case, only upon the arsuipent that
wants Tie previous pei mission OF law, and th, if re-
eptctec, al future tae AID pree nc ed movements N
tbe -sme kind mus, also be- olowed. The presence Of
~, yOps law, or the want of il, may exist alike in
Il. one c.ss the other, aud not the sunctin be
,w.6p them OtLer cistnc ions mast be look ed FOR,
epch as have already Indicated ana the only sale
RUE far tie statesman to aGop' IL 10 fespect aad en-
ttYct the expression OF pular VIII, Whenever IN view
of these distinctions, be conviction brought home 70
hm that such expression in truth ana 10 fsct, IL the
popular will AM not a counterfeit.
Tpere may be exceptions to Tins rule, where the tn
bunul which IL TO judge and decide has i.s powers
Init. 10y constitutional provisions but With .hat 10
the case, have nothing to do. We lave 20 deal
now With which appeals solely TO the Conscience
and di Crcon Of this House. Nor IL IL Necessary 10
say hat ought to be oone in case where true ex'
pyess on Of popular will comes in cO ct with minority
bN tho m ma of law--tor be
btrt as. um,d that there has been no legal election.
There il no such conflict here between abstract night
AID technical right, but the tny quts ion is whether
IL, scot all be filed upon popular informal action,
or shall itu ain vacant. Ii case m which no con-
tatioual provision aud legal enactment, prohi6H
filling the s.a III that mode and on tina. bass. II ls
qut stlon which concerns this House alone, and can
affect 10 .thtr branch or department OF the Govern
mftt IA which there IL clear field TO exercise the
sargest ciscfouon.
believe that If q aCOngressioral District should by
soue accident find itself witbou, IN election by, aud
a nenter should be sent here oy the Spontaneous
poVemtpt of the people, acting through suc1 toms VI
th, il own ard in such manoer, as TO convince the
House tha he selected by majority OF The po-
lncal people Of the district being the sos constp
tioual juo 10 Of the qualifications, the returns, an
the elections of its members, tney wouid no; only b.
usiec, but in duty bound TO receive him, ere IL not
tia; their power III that respect Is limited oy spec AZ
provision of the Constitution. membec Of the
HUuso Uf X. presebtsives vo'iog legislator Of the
nation boldiDg Office created by the Consttution
hs vote nay sit. ct other states the Con.titu
Cd takes care to provide that he spa be elected in
purstaLce of lar Of his state and by Of this
provision, which above the power of his C)n5res-
siOns, District or of this House. be would be rejected
But with Territorial Del, gate the case is RADICALLY
cl1erent. He II unknown TO the Constitution and has
no vote in l. lation. He il here by courtesy a.
mere agent OF the Territory. to inofm the House Of
tie wants and condition of bis people. 1t i'd matter
for the G,cr of tho House exclusively; and they
can, they zee proper, admi. two, more Dele.
gdtee from Territory, With or without law, and with
out the consent of any other branch of the Govern
ment 10 grant seat OIL this floor, or tae right 70
speak without voting, is Their exclusive pr yele and
hos 10 limit but eli Own discretion. True there is
provision Of law that the 1eritt res shall have Dele
ates on ttis floor but does any one doubt that with
TIC cops.ht oi the H0ee, tn. could have come here
without such lasl The only effect of the law ia
tbst, by IT, the Territories have the riyk 10 send at
least ole Delegate; while, before, they were depend
ent on The pleasure Of the House alone.
Having thus ehOwn that this Is appropriate ca-e
TO De controlled by the Informal EXPIRE ssioa OF the pop
uJ6T VIII that TIE election Of Oc;ober vas lot 10
coIhitt with or yolative Of any saw but at mos only
III ihe absence Of law; that w,s not even in the sb
stnte OF Ia| as Heptc's tie ssht to elect eg,te,
dno most OF the forms Of proceeding a, ths election
os;iiCts were the same 6s had already been creaed
by GT that the qualifications Of vote were the
az Co eress hGo Irtscb.d for the preceding election;
nat ,hc ioiTs ot oath and reun ana the mode %
cpctlg the election we've the same bG b, Gu pre-.
zcIibeG and ac;ed on at tbe previous election, under
the authority of the organic ac that the whole pro-
c. Going 1as conducted With form and order; that it,
oppOLtIts show Lo fraud or unfdnn,s a.. and that
ali Ls was ssary 10 prevent the great and cher
ished right Of representa- ion from beit suspended
or desr' yedie there Substantial obec ion left or
can the HVnse iefuc to sanction il! l. me ask had
Co grets &c. ned it proper to iDsert in the ganc act
G ectcn for the secoLd election, n the event t1a the
Legislature thouo fail to provide for t, would they not
have bCen a fed with the TO- ms which sround this
ole NOu.d they Lot lave bt cUnteL to s.y ha, .ucb
efcon stoulc be col duct-o in the same fl.nner a,
The inst And SO, wild they refuse to sanction sub.
segIeiIy the same thing which they would have or.
oero and directed previously if they could have tore