The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-09
SOPHISTRY EXPOSED.

WASHINGTON, d. c., January 8, 1865.
10 the Editor ofhs Union
In my communication which appears in yesterday
Union it is stated, in effect, that Mr. Douglas, in
assuming that the Kansas Nebraska act required the
constitution of Kansas, recently made by tho con
vention of that Territory to be submitted to vote
OF the people, had reared superstructure too broad
for his foundation and constructed platform too
for his argument BY applying and novel rule for
the Interpretation Of statutory enactments he hopes
prop up and strengthen that which, without such advcn
titious aids must toppe and tumble down by its own
weight.
BY this rule of interpretation his object it il evident
amplify and enlarge the meaning Of the act
make the words perfectly free to regulate their do
nestle affairs in their way that the constitu
ton, when formed should be submitted by the
ton popular vote and thus by enlargng his prem
ses to strengthen foundation too weak to sustain the
cce reared upon it, To sustain himself in this render
ing of the law he makes this assumption 1T Ia suh
Gent for my purpose that the administration of the fed
cra government, unanimously that the administration
Of the territorial government in all Its parts unanimous
understood the territorial law under which the
ton assembled to that the constitution to DO
formed by that convention should be submitted to the
people for its ratification rejection and that this
the opinion of the people themselves"
But instead of quoting the law itself to ascertain its
meaning conscious of the correctness of his po
tion would have done like adrot tactician he seeks
escape the exposure which must inevitably follow and
appeals to the understanding Of the federal and territorial
government, and that Of the people eueryschys.
The understanding of the people everywhere Did
he understand it himself! If so, why not appeal
the act ITSELF and point out the clause phrase
oogy that justified such construction Why, sim
ply because both the letter and spirit of the law would
have exposed him.
Did he SO understand It'll! If SO, perhaps some day he
may condescend enghten the world to the partcu
lar mode of ratiocnaon the peculiar mental cond
tons through which his mind passed in arriving such
The mental philosopher thus enlightened surely may
be enabled to make valuable additions to the science Of
mental philosophy. -nsaas3s
The same mode of reasoning will enable one to prove
thing to be- and not to be, the time-a perfec
ton of far beyond the conception the widest
ever yet conceived enpnciated
This mode Of appealing to the understanding of admin
straons popular sentiment to learn the meaning Of
law as absurd it is novel and unique 1t is at
rance with the pecedens and usages of centuries and If
adopted, would lead to confusion and anarchy Ia Mr.
Douglas prepared to ignore all the past and to return
the days of rescripts?
Over hundred years SINGS there lived ''od ogy
name Oh WluAlu DAckBtOne nc Wh8 Teputeu
very learned and wise man. and he laid down certain
rules for the Interpretation Of statutes, which, from that
lay this have been regarded as SO reasonable and ex
cellent that the whole civilized world has sustained and
adopted them He says that the fairest and most
onal method to interpret the will Of the legislator
by exploring his intentions at the time when the law
made by signs the most natural and probable And
these signs either the words the context the subject
matter the effects and consequences the spirit and
reason Of them ALL
AS to ,oord he says they are generally to be under
stood in their usual and most known ''signication
He expressly repudiaes the idea of calling upon tho
andgs opinions of Others to aid in the work of in
expectation, and says ths is certainly bad method,
md must lead to Partially and oppression .
Thus spoke Sir William Blackstone and all the ''od o-
pes, Lord Mansfield. Gritty, Comyn, Kent, fancy,
Marshall McLne and all the great judicial minds of the
world from thence to this day. have sanctioned and ap
proved the soundness and wisdom of the rule But &C.
MUS suppose, il not to be cramped by rules. and
'corns the tramincls of precedent Judge Douglas,
Young America perhaps il about to impose upon the
world mode of Interpretation in accordance with
Inc genius and spirit of the age and institutions,
md with the npeness of the present generation gen
srally.
Hereafter the obvious intent of the law the meaning
,f words and the spirit and reason Of them all " is to
inspiration Of the dcmagogue.
But sthe administration unanimously understood the
law under which the Lecompton convention was assem-
bled to mean that the constitution should be submitted
10 the people for ratification or rejection. Indeed
prolific imagination, the bias Of heated fancy, may
have mslcd him to this conclusion, but the idea that
he administration thus understood the law too prepos
crous to be entertained for moment.
The administration, in common with all good demo
rats doubtless desired the sabmiipn of this question
% popular vote, and It is expressed in the nstruo
ions Gov. Walker and in the President message.
This prcdilecon Of the administration has been adrot
seized upon by Mr. Douglas, and paradcd showing,
lot merely the opinion of the administration, but as
giving the "true intent and meaning Of the act itself
But Mr.. Douglas must be excused. He was driven to
desperate strnit He had assumed that the act dd
make it the duty of the convention to submit the
ttution to vote the bill itself contained such
PROVISION nor language from which, by implies
ion, this thrown duty upon the convention.
Without this, his whole argument would be but
flash in the pan " and therefore he must bring to hsad
he President his cabinet, and the people everywhere
strengthen and fortify false and untcnsbc position
~,H ~ ~ UNION.
Nicholas Longworth, the Cincinnati millionaire, best
e. -. -s.-. s-~~ -~y-y -k~ al In