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

atten0On 70 the very solemn nature OF the oath or
ONCE as administered to the judges Of this country
and especially Its promise, 30 help me God, to ad-
minister justice without respect TO persons, In con-
trast with the recent Judgment Of the Supreme
Court, deprivlng whole race, out of respect 70
Their persons, OF all the rights Of human beings:-
And DO u enacted, that the Justoss OF Inc Supreme
Oout sSd the district udE before they pro ,ssd OF
ecue the tis Of Their Respective ON shall take the
10 loving oath o. adirnatoa 70 w.t. q do soenny
sWeay ssas .l admin ter justice without respect TO
persoss asd do equal right 70 The poor ana 10 rich
anc mas vi faithful aud impaft,ally dNchsSge and
perform al she duties Incumbent o. Cnsf Justice
Of The supreme Court scoodiss 10 Inc best Of ny ab.
ties ana rderandrs ssroeaoly to tue constitution and
laws Of nc United stats 30 help no Goal
swear That will acmin,ter justice without revpeot
sons and DO tqu right 10 the poor and 10 the rch;
and. toersore, soemnly apart eli black persoas,
and ope IT, am sdudge them Q, bsuss Of an inferior
order, AMI urn sssocAses for the WHITE race either
oisy or pS licsy and - havns no rights ~hicn whts
wSnous respect psrsoas snd therefore dectar3 tos
these POI sois have Andpg In court OF jastioe no
reht % cxsns, TO tne minisrAton OF asuoe never
hsvng been intended 10 Included Ia the consultation
for the q mtnt of any personal rights or benehs.
swear thA. VII do equal I'll BIT TO the and to the
rom eno therefore, declare aud sdudge all black per-
sens 70 be ptor mise able wrtshos Who may be reduced
~ slavery, boui BIT and sold ant et.d 40 an ortasry
whole Of them poor or rch. Taey are s.uT for slaves
AVID the iich whites may buy Il EN-
This is exqusitely beautiful justice, refined aud
perfected to a eSree never before known in the
took whole race by the throat to sassnate their
personality. And yet there are editors merchants
and ministers to be found, who will affirm this
judgment to be ordained If God The power of
wrong Judgment and oppression is not ordained of
God, tue 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 O mere lying
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 an omaly in
the powers that De- as ordained of God. The He
brews OF old had written constitution aud 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 consttutionalty of those unTighteous statutes
to the unrighteou law givefs themselves, under the
convenient plea of a mock modesty and diffdence
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 an opinion in regard
to the constitution. They we're 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 unrightsousness
which they we've bound TO know at once to be uncon
siitntiOnal and wrong. ANY law contrary to Gods
law was unconstitutional, and 80 il is with u.s. II
is no more TO be tolerated obeyed by us than the
laws OF Omr and Abab by the sraetes; ii is no more
eods ordinance for us than the idoatrous ordioances
of the overnment were for Ephraim a I'd Judah The
throne Of inquty that frameth mischief by law has
no fellowship with Cod and Is disrobed Of all autho-
Iity over men; the mischief commanded is contrary
to Gods Righteousness and God disallows and forbds
ii, accommodates il among men, and does not per.
init men to obey it. The plea of consitutionalty
ass umed in its behalf, or the declaration of const
by unjust judges is no excuse for it, aud
gives 1t no authority. There never was an upright
eous law, and never will be, which the trainers of il
would admit to be unconstitutional; and if the
powers themselves tina, lie, and the Judges under
them appointed 10 carry out their vie NJ are to be
the ultimate determining authority, then there is no
possible escape from tyranny there is no possibility
Of freedom. there is no remedy against the extreme
OF evil. The system 30 clamped and compacted IA
the most perfect unalloyed despotsm and to this we
are fast driving IL Is what one Of the statesmen Of
our Revolution declared, with special reference 20
the peril from despotic and irresp onsbie judiciary
above the constitution, q complete Jeio de Sc.
A ooRhuPT, ABoMINAbLE AND REPRoBATE JUDICIARY.
In every justly opstituted government the judi
ciary Is eminenty the sacred shrine of equity aud
righteousness the sbeckinih, 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 ju iiciary answers TO
the conscitnc In the human constitution az the
Senate does TO the understanding; the House Of Re
presentatves 10 the feelings, affections and sensitive
part Of our nature, and the Executive 20 the will.
These are all organs OF the co nprehensive, ma.
tioDal, responsible life of the people. A disease
conscience becomes corrupt, and instead Of cor
recting the evils in the other organs by
The law OF righteousness, becomes isef the organ
OF those evils, imposing on the public command
ments OF men that turn from the truths" then, as
Paul says TO Titus, they become "abominable aud
sobt dent and 10 every good work reprooate, their
very mind and conscience being dehled.p There
may have been disease and corruption in the other
organs OF the body polite, which the elective no.
ncsty and virtue OF the people, appealed TO and
ropsed up, may purge away; but The cons sionce
once gone, oil Is gone, and nothing remains but
perdition.
90, ~, ,ox, m, ,,,..,,n, r. r~ o. 1,.,........
Now we apply these principles to our own form Of
government, and our own responsibilities 10 God for
Is right administration. No small part Of our duty
)i obedience to the powers that be lies in our re.
'ponsibility to God to keep those powers from cor
-upton and dishonesty, 20 sal them 10 account at
Gods law, and prevent them from taking the rens
bto their own hands, ar whirling the nation into
gulf OF piracy and despotism. For God has here
the power TO the people, having first
raired them for such commission, under his word,
% habits OF selfgovernment, in the knowledge and
owe OF civil as well social righteousness AT any
ate they are not 40 trained, IL Is not Gods fault,
or God has given them the schooling, and II they
IRE not disciplined and prepared for such response
'ility In the charge Of their own afairs, and pro-
ec,on OF their own freedom, difficult 10 see how
my nation ever can be. God Il maniiesly trying the
experiment., and we have come 70 great crisis In II.
The people Of this country, In their original con-
are Gods ordained source Of power, and
he powers that be, as ordained OF God. are
he powers that they appoint and constitute.
Ihe governments arranged and appointed OF them,
lnder God, and with Gods sanction, are simply
heir agencies, "a well as Gods powers, and the In.
liyiduals administering them are their agents The
state governments are, first OF ALL for us, the pow
rs that be az ordained Of God-the State Legisla-
ures rs appointed by the people. and the courts and
heir judges ss constituted OF and for the people.
Dur 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
he genera government 70 90 Tor us; and by far the
yreater portion Of our business aud duties our In
einal 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
governments and town meetings. To the general
We have committed the responsibility
Il our foreign policy, the care OF justice TO other
states and nations, and various responsibilities be-
ween our own States To the State and town gov
mments we have committed the responsibility Of
ustice 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
the thipoa that Cpaaria ana mt tho