The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-09

attenu0n 70 the very solemn nature OF the oath OF
oce as administered to the judges of this country,
ana especially It's promise, so help me God, to ad-
minister justice without respect 70 persons, in con-
trast Win the recent Judgment of the Supreme
Court, depriving whole race, out of respect 70
their persons, OF all the rights Of human beings
And DO enacted, that the Justcss OF Inc So prone
0out and the dssrc judges before they pro ,ssd to sx
ccue the datis Of theI respective ON ~ shall take
10 loving os;n 9, adirnaaoa 70 wit-l do sosnniy
eWear seas .l admin stsr justice without respect TO
peTsoas, and do equal right The poor the roh
aac shas Sii faithful and impaft'aly dsohsrys and
perform al me duties Incumbent ~ [Cnsf Justice
Of Tho supreme Court scoofdias 10 best OF ny abi
ties and ssreeaoy to tue constitution and
swear that viii &C mini.ef iustics without revpect
ons ana DO tqul right 10 the poor and TO the rich;
and toereore, soemnly Set apart eli black psrsoas,
and ope ty ana adudge them ., beings an Inferior
order, AMI urf sssooAes for WHITE race either
ms e bound 70 Uu ,o.o aa7ns ~ v wn
withous respect psrsoas xnd therefore dec,aP, ios
these per sois have 70 andps In court OF jastoo
eos - otizens, TO tue % rlinssrAtou OF JUSTICE
hsvng been intended 10 be Included Ia the cens.sutcn
Tor the q m.n, OF any personal rights or beneas.
swear thai Will do e,u, ri bit to tho poor and {, the
rioh ann therefore, declare aud sdjudee eli black per-
sons TO be poor mise able wretooos may rsfuoed
70 slavery, eoui BIT and sod ant tse,tsd primary
0Vce OF me'cnanone, AZ this DO eq1ai right to tee
whole Of them poor or rich. Taey are stuff for slaves
aud the Itch whites may buy IL EN-
This js exquisitey beautiful Justice, refined aud
perfected to de gree never before known in the
world. IL outberods Herod; for that monster never
took whole race by the throat to ssinate their
personality. And yet there are editors, merchants
and ministers to be found, who will affirm this
judgment to be ordained Of God! The power of
wrong Judgment and oppression Is not ordained of
God, but Is usurpation and conscience and God
word are powers against it. The Judges are not
law givers over the constitution, but judges of
cases under the constitution. What mere living
vanity would constitution be which the judges
could interpret at their pleasure, and pass laws
obligatory on the people, though directly contrary
to the constitution There is no such anomaly in
the powers that De, as ordained of God. The He
brews OF old had written constitution and laws,
which they were bound to obey; and if any Statutes
were passed In support of any unrighteousness the
people themselves were to judge OF that upright
eousness. They were not to refer the question of
the constitutionaty of those unrighteous statutes
to the unrghteous Law givefs themselves, under the
convenient plea OF a mock modesty aud difidence
Of their own ability to discern pet yeen good aad
evil or evasion OF responsibility by asserting that
1t was not for them to express opinion in regard
to the constitution. They were bound to know the
constitution and the laws themselves and to have
decided opinion Of their own as to any unjust law,
any law commanding injustice and unrghteousness
which they were bound TO know at once to be uncon
siitntional and wrong. ANY law contrary to Gods
law was unconstitutional, and 80 il is with US. IL
is no more TO be tolerated obeyed by us than the
laws Of Omr and Abab by the Israelites il is no more
eods ordinance for than the idoatrous ordoances
Of the gov eminent were for Ephraim I'd Judah. The
throne Of iniquty that frameh mischief by law has
no fellowship with Cod and Is dsrobed Of all autho-
rity over men; the mischief commanded is contrary
to Gods righteousness and God disallows and forbids
II, accommodates II among men. and does not per-
init men to obey it, The plea of cons.itutionality
in its behalf the declaration of constI
by unjust Judges is excuse for it. and
gives IL no authority. There was an upright
eous law, and never will be, which the trainers of it
would admit to be unconstitutional; and if the
powers themselves tina, be, and the judges under
them appointed to carry out their vie ys are to be
the ultimate determining authority then there is no
possible escape from tyranny, there ia no possibility
OF freedom, there is no remedy against the extreme
OF evil. The system 80 clamped and compacted Is
the most perfect unalloyed despOtsm and to this we
are fast driving Ii is what Of the statesmen of
our Revolution declared, with special reference TO
the peril from despoc and resp onsible judiciary
above the constitution, complete teio de Sc
A ooRhUPT, AB0MINABLE AND KEPRoDATE JCDICIAR
In every justly constituted government the judi
ciaTy Is eminently the sacred shrine of equity aud
righteousness, the sheckinih, where the divine JUS
tice should be represented, and to which the mind
and heart Of the nation should be able 10 turn with
reverence and confidence. The ia iciary answers TO
The conscience In the human constitution as the
Senate does to the understanding; the House Of Re
to the feelings affections and sensitive
part Of our nature, and the Executive 10 the will.
These are all organs OF the co nprehensye, ma.
toDal, responsible life of the people. disease
IN any Of them Is dreadful; but when the
conscience becomes corrupt, and instead Of cor
-ecting the evils in the other organs by
he law of righteousness, becomes iself the organ
Of those evils, imposing on the public command.
nents OF men that turn from the truths" then, as
Paul says to Titus. they become "abominable aud
and to every good work reprooate their
very mind and conscience being dehled.r There
nay have been disease and corruption In the other
'rgens OF the body polite, which the elective no.
iesty and virtue OF the people, appealed TO and
oosed up, may purge away; but the cons :ence
nee gone, oil Is gone, and nothing remains but
)erditiCn.
,PrLIcAIIoy OF PEIsoIPLEs TO OUR GOVERNMENT.
Now we apply these principles TO our own form Of
and our own responsibilities 10 God for
Is right administration. No small part Of our duty
II obedience 90 the powers that be lies in our re,
possibility 70 God TO keep those powers from cor
upton and dishonesty, TO sall them TO account at
iods law, and prevent them from taking the reins
nto their own hands, ard whirling the nation into
gulf OF piracy and despotism. For God has here
ommitted the power TO the people, having first
raired them for such commission, under his word,
o habits OF selfgovernment, in the knowledge and
Dve OF civil as well as social righteousness At any
ate II they are not trained IL II not Gods fault
Or God has given them the schooling, and II they |
re not disciplined aud prepared for such RESPONSE
eciion Of their own freedom, 1t Is difficult 10 see how
ny nation ever be- God is maniiesily trying the
experiment. and we have come 10 great crisis In IL.
he people OF this country, in their original con-
litrenoies. are Gods ordained source Of power, and
he powers that be, as ordained Of God. are |
be powers that they appoint and constitute. |
he governments arranged and appointed OF them, l
nder God, and with Gods sanction, are simply /
heir agencies, as well Gods powers, and the In
ividuals administering them are their agents. The
tate governments are, first OF ALL for US, the pow
r. that be az ordained Of God-the State Legisla-
nres rs appointed by the people and the courts and
heir judges ss constituted Of and for the people.
)ur general government is only the agent Of the
ate govern ments and Of the people. II is only q
ew things, comparatively, that we have appointed
as genera government 70 40 Tor u.s. and by far the
reater portion Of our business and duties our In.
email economy. which Is our life, the things that
inter- directly into our social, domestic and personal
morality and existence, we have exclusively en-
rusted to the State governments and to our town
ovcrnments and town meetings. To the general
overnment We have committed the responsibility
our foreign policy, the care OF Justice TO other
tates and nations and various responsibilities be-
ween our own States. To the State and town gov
rnments we have committed the responsibility Of
lstce among ourselves and towards ourselves; our
wn liberties, our own rights, we have taken from
he keeping OF the general government, and kept
hem closer under our own inspection and In our
wn power In our case, Cesar Is the people; and
he command OF our blessed Lord, "Render unto
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