The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-18

urverNoW ~,
we csss end but Notwithstanding, opinions
upon tEe tuhsct sweiled into Of discussion
vbch, however, msy have dis''ogosbst tho debsers,
6sperv,s no relevancy law. The formal want Of
plborWy IN this oMrussion practically imoortact how
ever, ~ far g,ves poser TO events aud enables
10 tett, nine clearly calmly the rehts
ano bn,,auons Of tbs Coat But oocasioD puss soon
the forms OF Law 70 these premOnitory
uapesos Should IL arise during the existence OF the
present Bepob, viii be eagerly embr aced and
then win be presented tbs question, the graveet
vhich the pre.eDt generation viii be called on
solve 10 us 1'st approach vii settle the question
between eevery sna freedom Bat IL viii turn outeven.
tus, be q copc, between prerogatves and 90 vera
OF every popular right powerful party will be found
maintaining tbst The Supreme Court endowed with au.
ihosy to cay what laws Congress- sha and sbal, not
ard when this authority has been exercised
neither the Executive nor Congress may ovevstep the
limits prescribed On the other band, political orgapi
eaton representing eternal principles will cry against
The mpera ton the ssue will stretch far be-
yopd toe undiscovered confines OF the all per
vaoipg question OF human slavery. Should the
court party prevail, abc the constitution be held 10
erdow the Judges with censorship Congress, Il
VIII lead 10 bald usurpaon Of the leading statesman.
thip OF ha6 century, TO oetracse the numerous
aud most bty al party In the couutry, and set up
oogms reppgpant the material OF tho nation
The question of slavery determined 10 this country
long Inspired by the great conception In which
found alton Of the was laid conscious Of the
toundy neuncted In all it's great principles the
who inaueurated the constitution pursued
no ambiguous or devia'ing course ON the sub
Jet II slavery. The earlier hours OF Congress were
spent devsDg for this then universally admitted
evil The all parties CURED in treating
involuntary servitude as stationary, net progress
i've institution, the federal legislature with o strong
arm, was invoked to prevent its territorial encroacb
mspts The warranty for ,hs policy found 10 the
constitution and every free sentiment Of the country
msDdsd II snd vitazsd It, That sentiment has been
calamity, rejecting that It bsrbarous and detes.abe
crime the iDhsbaDs OF the free States sought
expansion. These efforts have been from time I, time
stay ca by concessions and compromises; but IL
Toud be Idle and froitess to deny that with regard
slavery, great change has upon the country 10
connection with this question oursges and riots have oc
CURED beco has been shed upon distant nelds
Of riot and brutality have been In this Capito
bravac has Iegr cd in this very hail. until the public
mmd has been lashed into state Of intense excitement
and now ts determined that from this time forth we
shAil, in connection ~nh the question of slavery have
resol,s and not arguments, ssnes and not com
promises The free States insist that slavery shall
remain localized in the slaveholdng free States; ana
even with regard to slavery in the South, there
lives hope tina, IN is abiding place there it win
dot the cry Of party But, cir, the Supreme Cour
serts that every acre Of the territorial a
President neither Congress, the Territorial Legisla
ture, any human authority Whatever. has any RICH.
Territories. SUCH DO doubt will be the decision OF the
present men; and the resolution which susains II will
carry bondage into every State in the republic. Tne
whole subject has been brought before and the
vicon Of the public mind deep enough TO lay the foun
daon Of great conflict between the legislative and the
judicial powers. The controversy will derive serious ion
portance immec results but still more from The
equilibrium or prt ponderance 1t destined to establish
not discuss the decision Of Judge fancy in the Drea Scott
case, will pronounce the law laid therein
good law or bad law Ny business s with the power Of
the Supreme Court, not With It's wisdom Ny object Is
tain whether the decisions OF Judiciary bind
ing the law making power OF the govern nent and
ton TIE War of Independence undertaken and
waeed to redress fiogls grievauoehst the passing
and enforcemfn mt OF law not instituted by thoee who
were expected to obey it; and, therefore, II may be
said that The Revolution accomplished but single
rehss to make upmake modify their laws and in
ertutops The who died for these prerogaives not
than those who lived To achieve and perpetuate
them, were profoundly learned in the realities OF civil
ibefy and conve,eant with the principles OF modern
statesmsnsnp They studied the dreams Of the old phi
oeopheIs who lived before the age of free ens
had % wned and had explored the paths by whch The
most famous republce had dwinded from greatness 70
decay. Their ancestors had bequeathed to them in
tense hatred to wrong and oppression in whatever
shape ii appeared. The French revolution was just
delivering its terrible message to mankind, and
Of those priceless prsrogaaives Of . people-the
right Of self government; mean . complete
single resdine any where save in the people
themselves Thus prepared for their great undertaking,
the men Of 1887 bent every energy 70 the formation Of
government which should preserve forever ali the ber-
Ties which they had just achieved. those
who feared for the continuance Of government founded
on republican institutons- there were those who, for
the sake OF mpartDg strength and stability to the govern
meDt favored the surrender OF popular supremacy they
we're not the whose councils prevailed In the plan
adopted or in the end attained The party whch ruled
in the Federal Convention, and who afterwards predom-
mated in the deliberations of the State, the party
who insisted with jealous the reservation by the
people Of every right and power not Indispensable
TO the vitality OF the government soeak of
my argument, 1t Is wholly mmaierial whether the gov
erpment OF this country is as asserted by gentlemen
ments, whether is the Supreme Court long ago
decided, the onirn OF the people Themselves to the
liberal element Of the Convention We must 60
tain the meaning Of the constitution. il bear the
construction which, for tbs rst tme commended for by
the democratic party then the APOSTLES Of liberal govern
mept In their early minsr sions, conferred p0ser
irresponsible irIevocable any artificial power
and more sweeping and absolute tnan any juii.
cal tribunal mentioned in history Certaioy no tribunal
which bad escaped the execrations of humanity ever
welded such unmessured power as this. Why, sir, If
the principle to be carried out the constitution aud
ipstut ons OF this country would be but cyphers
the hands Of the Judges 1t amounts to running ire
sponsibe power Of amendment. II the constitution, as
legislature are sworn to protect then in this year OF
grace 1860 our allegiance is due to very different
tce OF faith than that Of those who went before The
Federal government OF the country comprises three
branches-the executive, the Legislative, and the
judicia,-but these eeverai departments are mere
ter, acting under one common appointment, name
ly, the Constitution Of the United States. Now, by
what process Of right Of thess three agents
coeva and identical With the Others be suffered to deter
for himself, against all the world not only his
power and prerogatives but the power OF his CO.
equals without escape and without appeap We are told
that the whole power was placed In this agent We
know not whether TO commserate as madmen, condemn
az criminals, or commend Is ststesmen the men who
would introduce into the discussion of the question
arguments the supporters Of this view Aud yet there
ia exaggeraton in the action OF the who, the
2lst Of May, 1887 with George Washington at their head
concluded the task Of revising the old articles Of the Coned
Grafton asserted that the framers OF the contu
ton made department supreme merely within
action but supreme in every sphere, paramount TO
the constitution and the reserved rights 81 the people
the department thus clothed with supremacy is the
one farthest removed from the source of all poll
teal power in the country, the department which
has least sympathy with tbs people, aud which
m I knOV
there is . power of i'm oeachment, which lies fa-
back in the Of the constitution but Jeerso
said II has risen TO tho efficiency OF
This Overlapping instrument is essentially ire
,onsble is little better than oFgarcby In the
public-a thing destined to absorb all political po
II cannot be supposed that fathers ever
intended pefverse a thng-Culpabe, ruinous,
absurd as such perversion of common
would have been in the earliest aud rudest democracy
could hardly have crept into the democracy raised by
the men who worked, not in the twilight Of the early
morn, but With the beams Of enlightened centories