The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-29


keys Of the next Presidency, upon the broad
issue Of war of determination against the
''slave oligsrchy."
In the midst Of all this party decentralization.
DISCRIMINATION and confusion, we recognize in
General Scott the proper embodiment Of the con-
servatve sentiments Of the great body of the OPP
position masees Of the country, North and South.
lie stands in that relation towards the opposition
which Mr. Buchanan occupies towards the demo-
cratic party-the most conspicuous basis for
sound and statesmanlike political organization.
Each OF these men, in his sphere is faithful ex-
Each, in his peculiar line OF duty, has pursued
'tbe even tenor Of bis way" regardless Of cla-
morous agitators or threatening politicians. And
80, at this day, with that same quiet philosophy
with which Mr.. Buchanan manages our civil af-
fairs, General Scott continues in the discharge Of
ing political coruptions which have degraded
the great party organizations of the country and
their managing politicians to the common level
Of the thimblc rigging Sachems Of Tammany
Hall
The country owes debt Of gratitude to Gene
raj Scott which should be paid; the conservative
body Of the American people will find in General
Scott the sort of man they will need for the crisis
Of 1860, and they should take him up while yet
they may gain the whip-hand over the convention
iugglers Of the democratic and republican camps.
A for Mr. Buchanan, as he does not intend in
any event, we presume, to be candidate for
another term, he can have no other purpose in
view than clean and satisfactory record of his
stewardship to present to the country. Actuated
by this high motive, and relying upon bis great
experience GOODNESS and sagacity, we may, at all
events, depend upon his administration, what
ever may be the fate Of the demoraized and
treacherous leaders and the broken battalions of
the democratic camp. The quarrels between
Douglas and Slidell, and Jones and Douglas, may
extend to every other Jones and all the Smiths,
and all the cliques and factions Of the party, and
the Charleston Convention may thus be broken
| up in grand Tammapy row; but still the adj
ministration will not be affected. It's position is
dxed and secured, and ii has abundantly proved
that il can get on in spite Of all the actious OPP
position from without. and all the treacherous
| opposition within, the democratic household.
But all this does not cover the contingencies
of 1861 for the prospects Of that campaign, from
| all the party corruptions Of the day, embrace a
state Of things positively fearful TO contemplate
| unless there shall be made timely movement
of the solid, Independent body Of the people 10
behalf Of some such sound reliable tried, true
and trusty national Union man ~ General Scott
We are not yet aware Of any other man compe-
tent to fill this position, parties and politicians
now stand, and so we stick to Gen. Scott.
Is LOTTERY ADVERTISING ILiEGAL A ques-
ton as to the legality Of newspapers of this
State advertising the sale of lottery tickets is
sued in some Of the Southern States is now be-
fore the courts awaiting decision; and at this
juncture il may be well 10 ask whether that part
Of the constitution Of the State Of New York
prohibiting newspapers from SO advertising is
constitutional or not That issue, we believe,
has not been raised by counsel in the cases re-
ferred TO; yet il Is very important one, and it,
solution might settle the point at once. The
constitution Of this State provides in its tenth
section that
No Law shall be rassei sbridgins the right Of the people
peaceably nlbc, and 10 petition the government
any department thereof shall any divorce be granted
otherwise than b. due judicial proceedings shli any
lottery hereafter be authorized. or any sale OF lottery
tickets be allowed within this State.
The constitution Of the United States provides
that Congress shall pass no law " abridcdng the
liberty Of speech or Of the press" aud our State
constitution, in similar spirit, declares, In sec
lion eight Of the fret article, that
Every citizen may freely speak, write and pubsh hi.
opbops al rubccs being responsible for the abuse u
that right, snd Law shah be passed TO RESTRAIN or
abridgs tho liberty q speech or the press.
II remains TO be decided how far the inhibition
10 publish advertisements Of lotteries legally
established in other States Of the Union l. an
abridgCnent OF the freedom Of the press, 20
carefully guarded by both the State constitution
and the constitution Of The United States. IT II
amounts 70 such abridgcment then do not
| sections eight and ten Of the State constitu.
lion manifcstly conflict II has been declared
lawful by the City Judge and the Re.
| corder for papers 10 publish the fact Of
lotteries having been drawn, AZ thing which
has occurred and Why may il not be lawful 10
| announce that the drawing viii take place at
| future time!
Again, as to the constltutonality Of that scc-
| ton OF our constitution which prohibits the nd.
yertising Of lottery ticket sales in Southern CT
| tics. The constitution Of the United States OK.
prcsslY declares by article four, that "fll faith
and credit shall be given In each State to the
| publc acts records and judicial proceedings Of
evc,v ptbcr State /" Now "A cannot 10 den;oJ
| that the establishment Of lotteries In Maryland
Georgia, Louisiana, &C., by laws OF The several
Legslatures, arc public acts" Of those States in
the fullest meaning Of The tcrm and they are nc
cessarily entitled to full faith and credit here.
Can The constitution OF New York declare illegal
that which the Legislature Of another State has
not only pronounced legal, bat has instituted by
public net OF IL Legislature without conflict
| ing with article four or the constitution Of