New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-07
TIE POLICY FOR TIE CRISIS.
Oenss,sssssse Of ~ r. y. frbssA
WARRINGTON. Mach q, IL

OcUeDDGDog0ee 81
WASHINGTON, Mach d, 1857.
We have On previous eeesGios suggested neSs-
,res for The adoption Of the Free States m tie pres
ept state Of afain. We nov present 5000 sutnor'
tiles to back the views We have submitted VIC
admit that, were this . consolidated Government
there would be no alternative 70 SUBMISSION 10 TIC
u,urpstons Of the Slave Power bat revouuon'
since the coordinate branch which has trescneroasy
be,rsy ed the rights Of the Free States eeJona tne
reach Of the popular will Bat the eta'es oil the
Confederscy have an independent political existence
Of their own outside OF the Union Of which tney arc
members The Free States are thus IN Posiuou
to n axe war upon those usurpations within co1ss-
tutors limits up, a. We believe, to the point Oh inc
efectual expulsion Of the usurper
For this po.iton We have the sanction Oh rus
great lights Of constitutional Interpretation. ING
Virginia resolutions of 1893 against the Alien ana
Seoition laws, drafted by MADISON, and those Oh
the Legislature of Kentucky OF the same yea
drawn by JEFFERSON. state IN terms as ioho"s'
The former say:
1.-THE power of the Federal Government Ia fimited
by the plain sense and intention of the insrumen. eoa
stitutipa the compact between the Sts'ee and 70 csee
OF deliberate, papable and danger e1-rcse VI
other powers not granted by the said coDpsr; he
States who parties thereto have the right ana are
IN duty hound 10 interfere for correcting the Pr0g's"
of the trA" -,
The address to the people Of Virginia which &C.
cOmpanied this authoritative exposition OF the Con'
stitutien declares:
"The acan scence of the States under nractlons OF
the Fet eral compsct would beget speedy cons 'iua
tim, by pecpitating the Sts'e Governments into I'M
potency and contempt prepare the way Tor reVou
ton by repetition of bose insctioos unrl the Peo
pie aroused to appear in the majesty OF tneI
strength. IL is to aroid these caapntes toat we ex
n In-Ut 70
the Consttnt on Of the United States shall yield to
cnpstruc ion which deie- every restraint aud over
whelms rbe btst hopes of repuoGcanism."
Again the address says:
III measures can mold governments sud If an no.
controlled power of construction s surrendered 10 those
who administer them their progress may be easily fe
seen and u cir end easily foretold. lover of monarchy
elavey who opens the treasures of corruption by dis
ribuiDg emOument among devoted psrtisaos, may at
the same time be approaching bis obec: and deladng
the people with prof seions Of repubi )ansm femoo-
rscyj. He may confound monarchy lslayeryI snd re-
publIcsniem loenocfscy ~ the art OF definition tie
may vunph over the oe1ierty Shlch ambition never
fails to display with the psDcy Of language the Sc
duction Of eIpeency, the predudices OF the tned
al be may length come to svOw that 80 extensive
territory the United States csn only be governed
by the energies of monarchy tine slave po~erl."
In the Kentucky resolutions, prepared by JET
FERsON and passed Nov. 10. 1885, we find this ex-
pcit declaration:
That this Government created by the compact LOT
Uniop was not mace tue exclusive or final idge OF the
extent of the powers TO se since that would
have made It's discretion, and not the Con.ututon hs
measure of It's pc wee but that IS in all other cases OF
compact among parties having no com non Judge escn
parry has equal right TO judge for ITSELF as Sen OF
infractions as of the mode and medsure Of redress.
Mr. Madison, in his report made to the Legsla-
ture of Virginia at its session in l799-1oOO con-
menting on that clause of the resolutions OF l79o
which we have already quoted, said:
The Slater being the parties 10 the Constitutional
compact and In their sovereign capacity It follows OF
neressi that there can be tribunal ABOVE their au-
pact made by them be violated; and consequently
that as the parties 10 it, they NUT themselves decide
in the ast such questions may be OF sufficient
magnitude to require their interposition"
And again:
ali the deliberate exercise of dangerous powers,
pspabIy withheld py the Constitution, could not JUS
tfy the parties 10 it in ineposng even 90 far a. to
arrest the progress Of the evil ana thereby 20 preserve
the Constitution itself as well as to provide for the
safety Of the parties to It, there ToHd DC an eRd 70 All
relief from usurped poreT.'
Ia respect to the authority of the judicial depart
ment to establish Constitutional interpretation, Mr..
MADISON, in the same report holds the following
language:
"Hcwever true it may be that the judicial depart
parlnent IL in sl questions, submitted Ia 1t by the
rms of the Constitution, TO decide in the last resort
Il Iesort must necessarily be deem-d NE last ~ reta
tam 10 The authorities ~ tie OTHER DEP Irfnents 81 me
GOrtrnmcnt not 10 s,'Ion 10 the rgns Of the parties
to the constitutional compact, from which the judicial
"a we'll os the other departments mold their delegated
trusts On any other hypothesis the delegation o. Ju-
deal power would aDnn the authority deesatng 1t;
ana the Of this department with the Others
in u ed powers might subvert forever, beyond the
possible reach of any rightfu remedy the very Const
luton which all are interested to preserve"
In closing the discussion on this branch Of bis
subject, Mr. MADISON, in bis report adds the fol-
lowing remark, which is singularly germane to our
present reflections. He says;
1.-The authority OF Constitutions oper GorerRmeats
ard of the Sovereignty Ofhe People Constitutions
ara truths which are at 81 times necessary to be kept
in mind
I'm these sentiments of the wisest statesmen of
our Revolutionary are to be fUurd the basis anu
warrant of all the doctrines We hold, or the meas
ures we have recommended for adoption by the Free
States at the present crisis. lhey are enforced BY
numerous passages of cotemporary criticism, and
ACCOMPANIED BY grave warnings OF the dangers to
which our Federal system is exposed in the hands
of unscrupulous rulers to which II perhaps unnec
essary 10 refer in detail. We must however, quote
as pertinent to our purpose, the remark OF George
Mason of Virginia during the debate in the Virginia
Legislature on the adoption OF the Federal COnsti
fulton The Revelation brought forth no ADLER
statesman or wiser and tarseelng man than George
Mason. Speaking of the encrOachnents which al
ar.tocratic power in the State would be sure 10
make like that for example of the Slaveholding Oil
Carchy). he said in substance: Beware of Aris-
"tocraces They are like a screw in motion; gi7e
,bem but an entrance and they at every turn take
=. a new and deeper hold" Mr.. Jefferson in let
TOR to G.. Hammond, dated August Is 1921, allud-
ing TO the tendency of the Federal Judiciary to
usurp power, remafs;
1T has long been my opinion that the germ of dis
soluton Of our Federal Government In the consttu
ton of the FEDERAL Judiciary an irresponsible body
ifor impeachment is scarcely scAe crow, working
like gIav5y by night and by cay, gaining little to-