Daily national Democrat., 1861-05-09
The British Constitution.

We often read of the British Constitution.
The accurate Blackstone uses this phrase
many times But what does it mean, and
what does it include? No man can certain
ly say, and probably no two men would an
swer this question in precisely the same way.
1t may mean the whole mass of the princi-
pies and rules which the Parliament and
people of Great Britain regard as of the
greatest Importance. More than this it can
not mean. Let us suppose that at the next
session of the British Parliament, rigorous
censorship of the press is established, the
Queen authorized to lay what taxes she will
on whom she will, and collect them ss she
will, the Habeas Corpus Act repealed, and
all the ministers supplied with blank war
rants under the privy seal. which they may
fill with any name, aud 10y these means m
prison any persons at their pleasure. And
let us suppose that these laws pass through
Parliament it'll precisely the snne forms as
those necessary for statute to regulate the
days of grace ON bills of exchange, or to pro-
vide any other common mercantile or NUM-
cipal measure. 1t is certain that no man in
England would have legal right to resist
any one of these laws; and no court or mag
istrate in England would have II legal riaht
to obstruct, or defeat, or annul them, or do
any Other thing than carry them at once into
full force and effect OF course, if the popu-
lar sentiment We're not greatly changed,
there would be opposition and effectual re-
sstance some where. But it would be the
Opposition cl rebellion or revolatiun, and not
of legal right. But let any such law he
passed hy Congress and the President of the
United States, or hy the Legislature and
Governor of any State, and it is only nothing
1t is dead at its birth The ju'licia body of
the nation or the State is ready to declare it
to lie nothing. And the reason for all this is
that the Inv opposes the Constitution, and
10y the force of that fact, is nothing.
Two hundred and fifty years ago Lord
Coke declared. that "when an act of Parln
ment is against common law. right and
reason the common law will con-
trol it and adjudge it to be void" After
wards. Lord Holt and Lord Hobart used
similar or conmendntory language. These
great men were Erglish Chief Justices; and
it may seem a strange thing for me to say.
that this doctrine of theirs was wholly false,
and they knew it Chancellor Kent. indeed,
although he praises ''the intrepidily and
powerful sense of justice of these great
Judges" admits that there was no foundation
whatever for their doctrine. He says. what
every one acquainted with the English law
must know, that the will of Parliament is the
supreme law of England. Dwarris, in his
Treaties on Statutes says: "Of Parliament,
the power and jurisdiction are so
transcendant, that il cannot be confined.
either for causes or persons, within any
bounds, 1t has sovereign and uncomfortable
authority in making laws concerning mat
ters of all possible denominations"
If, in England, the word Constitution may
mean the whole complex of all their political
and e al institutions, here it means some
thing distinct from them all, something SOW
eregn over them ALL imparting life to all of
them that live, and denying life AID power
to whatever oppose it.-Prof. Parsons.
TIE PRINTERs DISTRIBUTED. The National
Typographical Congress decided to post
pone the meeting in May, on account of the
| National troubles