New-York daily tribune., 1858-03-20

lie a ssekiDy b. io7N, yau9n q osco'ot "nnN tlo
common law Of England /, oc sgiveo pO nt Nov
vs. hsTe always supposed that the highest judicial
decisions determined the conmOa law, as indeed all
law In the particular case which IA taxing Mr..
BeijsDin's ingenuity be comes scrOss Judicial de-
c.icg Of the highest character on tie point in qu4s-
iiop. II IS the f-s. decision usde II has never
been reversed since. Il is received without re-
serve throughout the vast empire in which tha! de-
r,si0u 3 at Il the rue. Yet our Louisiana Senstor
claims Tia. the law thus deo.sred and thus he'd Is
Lot law. The true law, according 10 his suthorty,
i. the aw that nss never declared 20 be law
by judicial decision. the isw that was denied to be
the law ty the on,y Court ofcompetent Jurisdiction.
the law that WAS repudateI ana pronounced spu-
Ious eighty seven years sgo and has been so held
ever since.
Th, doctrine of Mr.. Benz sm.n. if It fails IN its
purpose, . ~. of useful import 1t disclose
sense Of dissatisfaction in the legal mind OF the
>outh with the present pcsition of the courts upon
tie Saver, question Mr. Benjamin csnrot '~sl-
low the monstrous dogrss Of the time touching the
,pread OF Slavery by the ssency OF the Federal
Constitution. and ne seeks way of escape as des'
perate as that We have depicted
We refer to thi, speech not for t'ef, but 4"
GESTURE IN the present. resH.onary or redu1 move
ment in this country on the constitutional STATUS oi
slavery. Il is ore. Of the drifting mists inst
have been sccumulat:Dg about our poh'cai
fabric Ia the Revolutionary era, and Tor seventy
wears ,rcceeding, our political and constitutional
s,,.em stood before the world in distinct outlines.
The charter of our independence declared a men
TO be free .nl equal The formation and nterPre-
tst;on of the Constitution rested upon this proao
and uneauiyo ocsl asseTcratOn. Slavery was the eA'
ceptionsl fact Of our institutions doomed TO deatn
b. the IDEAS on which the Government was founded.
Theoretically. our system was consistent and har-
monions. Our legislation and our jurisprudence
conformed thereto. SLAYER! Was forbidden Al Tue
Territories. The Federal Constitution Was csnad-
cred by the Courts 10 exclude slavery entirely iroI
il. sphere in no mspner recognizing II. Inc insu-
tuition was left 10 the supports Of positive enact
ment in the communities that still preserved IT,
Eyerythjue was clear we'll defined and consistent
in theory at least and all pointed to gradual change
and gradual improvement. Such was the condition
of things before the new era Gswned. The slavery
men Of the South united TO oyerturn it, and they
have done Now the doctrines Of the Declaration
are denied and rdiculed. All men are not born
free and equal is the modern theory. Congress
has aot the power 10 restrict the spread of slavery
The Constitution recognizes Slaves as property.
slavery exists under the common law wheresoeYer
it has not been sboshed BY special statute, aud no
power but State sovereignty is competent 10 the
enactment of such statute. The Federal Constl-
tuition il not in the interest Of general Freedom,
but of general Slavery. The reactionsry move
ments stand at this point. AS Mr. Bceock OF Vir-
gnia declared in his late speech IN the House, Is
the greatest and most pregnant reYoluNon OF our
political history. We NAV add. i 10 the most
shameful.
win that reaction stand 1t will not No re-
action and no advance can BE- stationary. The lav
Of existence : the law OF movement. The war OF
IDEAS s as rife TO-DAY rs ever The question Is en-.
tirey open ~ between the old interpretation aud
the new. The one is the symbol Of the advance
movement: the other is the symbol of retrograde
action. The latter is nOw IN favor, with all lts
looped and Widowed rsggedness. 1t is the broad
target for attack. 1t cannot shield Itself, and 1t
cannot long resist its assailants. Mr. BeDjamn is
doing his duty 70 Slavery ss one OF the Todtlebens
of the defense. But the new SevsstOpo of SlaverE
must fall. He defends, bat hs cannot sustain the
grra, and most criminal sgrpt in this revolution.
The Court of the United States is guilty. 1t can.
Lot b. disguised. Posterity will 80 pronounce. 1t
has belied the Declaration OF Independence. 1t has
subyerted the jurisprudence OF the country uni
formy administered for seventy years. II has con-
demned the sentiments judgments and actions Of
the founders of the Republic and the trainers Of the
Constitution aud their successors during whole
national existence. 1t has exinguished the lofty
lights Of Interpretation fixed by them in declaring
this to be Government for Freedom and not for
Slavery. For this bitter record, for this unholy
conduct, the Court is eItotled by senator Ben
iamn. That commendation will not stand the test
Of history. 1t will crumbe and perish song with
the pstched-up ruins it is intended 10 ,1orn-
TLe N. \. Tim.S is hardly correct IN stating
that the ground of the address Of the two branches