The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-25

sooner it happens the better.
PROPOSED RESIGNATION OF MEMBERs OF Con-
oREss.-In the present stage Of the revolution
at the South and in view of the hopelessness of
anything being done by this Congress to avert
the dissolution of the Union, the proposition of
Mr.. Montgomery, of Pennsylvania, in the House
of Representatives on Wednesday, is the very
best that could be offered. He proposes that
every member of Congress resign, and that
there be an election Immediately to fill their
places. The issue would be, Compromise
measures or not, to save the Union from final
dissolution and the people would instruct
their representatives.
This is the most expeditions way, if not the
only way, Of now reaching the question in
time. 1t is notorious that vast majority of
the people Of the North are now in favor of the
rights Of the South. But the republican men,
bers of the present Congress are so committed
by their speeches and votes against those rights
that they will not yield to the change in the
public mind. If they refuse to resign and SUBJ
NIT the question to the people, it is because
they are conscious the people are against them
and would not send them back to Congress
Most of the republican members assume that
the people decided the question at the Presi-
Dental election. But no such question was
then put to the people. 1t is true that Lincoln
was elected upon the issue of excluding slavery
from the Territories. But he was not elected
by a majority of the people, but only by q
small minority. The people, therefore, did not
decide, for this is government of majorities.
Even if a majority did SO decide their decision
would not be binding against the constitution,
which is the shield Of the minority against the
oppression of the majority, and the Supreme
Court, the authorized expounder, has declared
that slavery has right to enter the Territories
in virtue Of the constitution. But since the
election the times are entirely changed, and
new state of appalling facts is presented to
view. What the people wish to have done, un-
der the changed aspect Of AFFAIRS ought to be
left to themselves to decide, and members Of
Congress ought to resign under the circum-
stances They have no right to allow the Union
to be broken up or TO drive the country into
civil war on their own responsibility.
The dissolution of Parliament and new
election is the mode always adopted in England
in questions of great difficulty, in order to al
low the people to pronounce Shall the people
under republican form of government not
have the same privilege enjoyed by the people
under monarchy The eyes of the American
people are now on their representatives in Con-
gress, and woe to them If they allow the Union
to be dissolved, or the country to drift into
civil war, without giving their constituents the
opportunity Of declaring their will upon a
question involving the fate Of the nation.
ANOTHER ILLEGAL SEIZURE OF ARMS DEs-
rNED FOR THE SoUTH.-We published yester-
day an account Of another Illegal seizure OF
arms by the police Of this city on board the
schooner Caspian, bound for Savannah. There
was no warrant of any Justice, and no au-
thority whatever for this proceeding, any more
than there was for that of the previous day.
The constitution knows no North or South,
and the proceeding is wholly unwarrantable.
As the pelice did not act even under the
color of law, II becomes a serious question
whether they are not indictable for robbery.
Certain It is that 1t was q hghhanded outrage,
suggestive of the gravcst reflections to every
well constituted mind. If such acts can be per-
pesratcd with impunity in our midst, then are
we in state Of anarchy, and have no laws Of
any practical value and no administration of
Justice II would seem as II a military des-
potism were gradually growing up to crush
the freedom of the citizen. We find fault
with Southern cities for violating the laws
of the Union, and yet our municipal
authorities violate these very laws in the most
asgrant manner