The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-26

q
s N oers, e-ao .'e- sy aa.-re I'm -ea.-l sci
phys,a, srasly nasi sysr % rsSasnsa. p 81 essa-
nav MAI sss noi soted 70 thsir conii,s,a aui rs II
sehina ,hem when they ersigrssi {re.r ani s.1asui
p'toe s cn 10 wasA"n vs. 1SA''sn, Fs,srs
5l9. c2as!. Ar. !, SEQ. N. Nesi Vi FsrGsf, |
8. AS neither The p,'j.cal Dor ,esa tie aarasso
slavery winch the European ~ ffapi asa yesocs ini-
posed np7n ma While eiotarsn eve. bal ssi ioanoin
speeches o. french an, British asss ana orall-s ssdcbia
tie purity OF TIE az aud soil Of their respective COMMITTEES,
irrelevant to Tia inqasy WHY. sas Or j. ;ss AZ
q any state IN ,hs raol % a 1lsct Of negro slavery
sa tsfSs oqpsne asns' ss 'ss ns Af f E
ia7 i2 English Esossencr, 4 D. i77i, 20 s..ss 'rss,
Note. Esh noqnsnce, i7sa. Rosan's rrial. carrau
Judge hcIesns crisicisIa IN Drea SCOT, 10 How, Ss5
Lord stovolfs criticism, Hagg Al T. 1907
The only Argument as.nst negra slavery oGnst 10
the fngbsh cases a, all suitable for ri,ca forum
Mr. HGygrave 4. Somerse.ts case showed that
White kDsshnneu were asone snetect 70 the municipal
was new iusil,aon Sk,eh i. required The iss,siaiss
power to insroaacs go state Trials, p 3D. Com v.
B. lord nok and Mr. Justice poxeu we're Ne H.r.
graves high authority for the propagation that whilst ,ao
common law OF England RECOGNIZED white English slaves
notice of negro" rha. white man might zoe a
wilhelm in England" but "thai coon = negro comes
that the Know No;hussn Of E0gnsh and French law es
txblsbod hngish and French air had NOT It's true en-
lranchsns partly W drawn through the Dostriis q
negro. White slaves had long respred without their
saas being al all Affected (Snita " Brown, sak 49,
C. Lora Mansfield SAID in sou,erse,,s cass .1he state
OF slavery Of snch nature that s incapable Of being
introduced any reason moral or political but only by
With him ever since. Ncvertheress, Il WIS bald ncon
seqnenta truism. II might b. equally ws sad Of any
a~ 1 Per s a.SSars my
T. The Judiciary never had power 70 annu repeal or
existed with the eraccn OF the Legislature prior TO the
Revolution.
u Judicial trihunah in this country are part of tho
government but by the genius Of our Institutions, and
the very words Of fundamental charters they
strained from any exercise OF the law making power
That governmental function assigned TO separate de-
paytnent.
b. BY this strict separation Of governmental powers,
co legal science always acknowledged by the ssxes OF
the EDgsh Law theory, though often violated in prac
tice.
C. For proofs OF this acknowledgment we refer 10 the
habitoa dedntion Of judicial powerus dore non jus
mot says, satutc law and common law originally iowsd
from the same fountar-the Legislature. Statnte law
y tho win Of the LEGISLATURE the common law
begun BY consent OF the legislature and whether il is
nov o law by ssass or y wssg the sane hing
sound doctrine; but 1t has often been departed from in
practice.
ing The legislative authority Of Great Britain, in 1855,
sought by the celebrated statue dc doats to make entaed
rect expression Of is sovereign win b. the supreme law
makngpower could have that effect they were rendered
,nssnaSe The aases Without shadow Of consts
statute. q q; Com iis.pe; Mansfield; p Barr r
llb-l- c. j. Willes; Wles r. 452.)
The fngsh Legislature governed by what we, with
present lights, may deem pcrnicio policy, tending
70 draw into operation numerous social evils The unie
terng OF estates by the English judges through thesde
vices 10 which they resorted had its origin in wise regard
/
trick ard rank nsurparon So said Lord Edon, from HE
place President the House Of Lords period whom
constitutional Law better understood in England In
pronouneng the Judgment upon the case Of the Queens
Ss1sy leases sss ms navel, ,ss ss.es no a.
may be doubted Upon that subject, il applies Eng
sh law, have formed an opinion that the judges OF
this age England, would not have been permitted
get rid Of the statute of English entails as judges Of
that did, after the passing Of the statute de di
Those lawyers who have failed to perceive, as lord
jon did the necessity Of keeping separate the great de-
Was greater than Their knowledge Of constitutional aris
pridencehave frequently boosted Of tendency amongst
the English @ ssnsss and Gascs TO sfs ~ what to
asive department They erred Far bc,ter that sup
posed mischss should exists for time by the III advised
grpntod the high priest Of justice should dcne himself
and the temple in which he otciatcs BY the sin Of wfuy
violating the fundamental law. fIr,r should not be
batcd by error by orine, or BY d. enously conceived
fraudulent devices and cvasons but by fair Argument
and open rcnonsrance, addressed % those whom the
constitution has invested with the sole power Of
derby and legitimate correction. An instance Of this
i'll considered self graduation may be found in the
otherwise admirably written argument of Mr.. Har-
grave, counsel for the negro SOMERSET before
LORD Mansfield The last sentence Of thu. Argument
ccmmcnds the astoeness OF the English judges in cir
cumventng the lord under the system Of English viii
enage BY which they gradually undermined that part Of
tho ancient law Of England GO Howells STATE Trials,
p. e., 10 p27) Negro slavery in the West Indies was
sanctioned by numerous English statutes This Afforded
argument. certainly Of much force in favor Of per-
hitting English subject who lawfully held slaves in that
part OF the British doirons temporarily to visit England
with his bondmen. The argument was opposed by this
appeal TO judicial pride; was ovcrruled by the dctum
usurp power Of making law than FOR any inclination
diminish prerogaye or 10 defend the liberty of his white
fellow subjects The pride of Office, the pride of learn
ing and cstentaious vanity rather than any tender
FOR the rights and enjoy meats Of the owly, dictated
the loose defamation by which he installed himself the
champion OF negro emancipation
H. The judicial department has right to declare
negro slavery TO be contrary to the law OF nature
immoral unjust, or 70 takc any measures or introduce
any policy its suppression founded any IDEAS
Courts only Authorized TO administer the municipal
law. judges have no commission to prcmuigate en-
their Of general justice right or
morality but only tina. which rs The known law Of the
is, 10 Per Mauic } IS ad i Eli n s. sss noteJ '''
H. In the forensic sense Of The word law, there rs
such thing rs hw OF nature bearing upon the awfhness
OF slavery indeed upon sny other question urspru
dcnce. The law OF nature IS IN every judicial sense
Gsnre cfspeech In state of nature, il the exist
OF human beings in such state may be supposed,
there no law The prudential resolves Of individual
for his own government do not come under the denomi
patloh Oh law koteHSlC Sense, Is Wn0ily OF
social origin. restraint imposed b. society upo
itself aud It's members utherorths Inst, 1, CHI. !,
Sec o. Z. 81. Com al Kent 2. Whcaton's Elements
OF mt Law, to 10 Ocopers Justinan Notes, p 4o5)
l. II there any such thing law OF nature, ia
the forensic OF the word law must be Of absolute
and paramount obligation in all clines ages courts aud
places. Unborn with the moral constitution Of man il
must control him everywhere, and override vi ious,
corrupt and void every opposing decree orScsouton OF
courts cf legislatures And accordingly, Blackstone
pcatng the idle speech Of others upon the subject tells
that the Law Of nature binding all the globe and
that no human laws Of any validity II contrary 70 It,
q wendells Blackstone, 40, A. AZ ana notes. Yet,
the judiciary OF England have ut all times nckno wcdged
negro slavery q be Ynfd bass Of legal rights.