The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-10-16
From the n. Y. Tribune.
THE QUESTIONS TO BE DECIDED.
SPEECH OF CARL SCHURZ,
OF WISCONSIN.
Delivered at the Cooper Institute, N. Y. Sept. 13h
CONCLCDED.I |

tendency is not only to defeat but to op
press their opponents. However pure
their first intentions may be, they will
in the heat of political contest, insensi-
bly, drift into that irresistible current
There is but one way to prevent this +; il
is that the means of oppression and per.
secution be carefully kept out of their
reach by strictly limiting and circum-
scribing the powers of the Government
Do not say that those dangerous tenden.
cies may be averted by change of par.
ties. 1t is oppression that endangers an
oppressive spirit /; upon persecution fol
lows revolution and retenge-that is
new persecution, and so on. You may
know where it began, but not where il
will end. The trainers Of our Constitu.
ton understood that well they defined
the crimes of which the Federal Courts
shall have jurisdiction with scrupulous
nicely. They laid down the doctrine
that treason against the Government
shall consist in levying war against the
United States, not in giving aid and
comfort to their enemies, and nothing
else /; and that no person shall be con
victed OF treason unless upon the testi'
mony Of two witnesses, not to the "com
bination with reasonable intent" but tc
the avert act, thus carefully guarding
against the idea Of constructive treason
They know well that the usual rules o.
legal construction in regard TO common
crimes should not be applied to political
matters IN which conscience and the
freedom of opinion is involved, because
justice in one might become oppression
and tyranny in the other case. Bu
even these constitutional safeguards ap
peared SO insufficient to the people o
those days that in the amendments to
the Constitution they surrounded the
fundamental rights and liberties of the
citizen with a new bu!wark of emphatic
declarations. Hence this fierce, indig
nant. uncompromising opposition to ev'
cry measure tending TO give latitude tc
the power of the Government over indi
vldual rights.
Judge Doug las seems TO have no con
ception of the ground work upon which
the safety Of popular liberty rests. Lei
him not pretend 10 say that he intended
the law for the prevention Of political OF,
lenses, for he ought to know, as every
well-irformed man knows, that of all the
laws in the world which fasten the chains
Of despotism upon mankind there is hard.
ly one which does not rest upon the pre-
text that political offenses must be pre-
vented. Prevention of mischief was the
snare with which people in all ages and
all countries have been prevented from
asserting their liberties. Preventive laws
are the poison with which Freedom is
killed. IL is said that, years ago, an
American citizen met Prince Metlernich
IN the City of Brussels. You remember
who Prince Metternich was. The his
tory of the world hardly knows the miu-
ister who had to answer for more tears
and curses Of crushed nations. The
American showed him the Constitution
OF the United States. and asked his opin.
ion Of it. This Constitution" said the
Prince, lacks but one thing, aud l can
govern the Empire of Austria with il.
What is that ?" asked the American,
with astonishment. 1T is the power OF
the central Government to pass preyen.
tive laws" What pity Prince Net.
ternich is dead In Judge Douglas be
would have found the man of his heart
Put the Judges Conspiracy Bill upon
our statute book, and declare it Consti.
tutional. aud the deficiency is supplied
Prince Metternich is willing 10 govern
Austria, after his fashion, with the Con.
stitution Of the United States. Place tn,
power to indict and punish for combina.
tions and for criminal intent in political
matters into the hands of our Fedora
Judges, those petty pro-consuls who fee
big when they can show their power
and we shall soon have little Star Cham.
ber in every little judicial district, a little
Fouquier Tinville to act as prosecuting
attorney. and little Jeffries to pass the
sentences of the Court there will be /,
Government spy to smell out treasonabl,
combinations wherever three or four o
them are assembled. and the cells OF your
prisons filled with men who have lh,
spirit to think and speak about SLAYER.
as Washington, Jefferson, Madison, and
franklin thought and spoke.
And there are those who dare to cal
the man who proposed to inauguratt
such system Of poicy great states
man" To the honor of Southern mer
be it said in both cases. when he .propo,
sed TO confer the war-making power upon
the President. as when he introduced
the New Sedtion Law. he had the NOR
tifcaton Of being put down by a slave
holder. Ii was ia both cases Jefferson
Davis, the leader of the Fire eaters. who
had the patriotic spirit to vindicate oul
Republican institutions against the dis.
gushing schemes of northern dema
gogues.
But Northern man also was listen
ing with indignant astonishment te
Douglass speech in favor of the New
SediIiou Law that was the brave Johr
Hickman. of Pennsylvania. the Anti
Lecompton Democrat, who believed
L I.f, II