The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-03

a matter OF 1act, we have seen that IL was NJ
Lhls very oath that the rebellion directed It's
hrst blow. IL began there. IL required OF oh
Ils cbeatures az nrst step the recanatl0n
OF that oath and the swearing alegiance 10
another power. That was so far a dissolution OF tho
Union That means. therefore, Of guarding the gov
erliment Is not TO be depended upon. Fortunately
Ior tne country secession did not rest there. IL was
tempted 10 the misstep OF war. THIS IL what the
Northern democrats did Tor us. They wanted sone
snare In rebellion too There was IN New York, In
1901, powerful organization whose object was
secession and the creation OF an independent repub-
nc-a sort OF New Venice. These men did not see
any assistance Tor them III the legal attitude OF the
South, and pushed the Southern leaders 10 overt
acs, with the pledge that not regiment should ever
act Of war;
And this you hold was to the advantage Of the
nationYu
''lhe act OF war put the movement in such shape
that we could take hold Oi II. How else, moreover,
could we ever have mustered the NorthY How
could we have raised armies among people used
10 the utmost limit OF political difference for snch
purpose as the coercion of an unarmed population
that simply claimed right 1t was the act Of war
that raised the country and gave Us al power and
mat too within the constitution. BY the constltu
ton Congress may declare war, and the right to
make war involves the right to do any act that Ii
necessary to secure the objects OF the war;
"but suppose similar movement in the hands OF
men Wiser Dy the failure OF these Southern lenders
men pretending or feeling agrevance that may exist
anywhere and not to be deluded by democratic
promises INTO making war against twenty millions OF
courtsSn
wen without the fourteenth amendment you
Would pe powerless against them. That amend
ent puts IN the hands or the general government
time of peace the power that u not in the rest OF
Ne constitution, because when the constitution was
framed Its necessity was not foreseen All rested
then on the sacredness OF an oath. But since we
nave seen there ia no power in that Ii would be folly
not 10 use other means-not to conIro menby agents
tney respectagalnst the always possible abuses OF
state power, which would put any section in
made war, ana ''1 which ''V would u oonst iU
practical dissolution OF the Union. There
Is no remedy but IN this article. In the laws
Tor the proper rights OF States it Is not easy to get
hold or even the abuse OF those rights. suppose
case OF simple secession in which war ia not made
upon US. The Legislature adjourns and refuses to
elect senator's the people do not choose Congress
men and there Is thus merely a failure OF the ma
tonal phase OF the States existence through n0n-
performance OF functions that you cannot with
out the amendment compel them TO perform. IL liz
only through the States that the machinery OF the
national government comes into existence, and any
state may thus 10 degree cripple us in the abuse
o. It's powers. OR II q citizen OF Northern State
moves into Southern State and takes hts residence
Lnere they can Tax his property 10 the extent OF con-
hscation TO pay Tor tnelr lost niggers, and you
not get II into national court, Tor State is aDs0
lutte In its sphere, and the eyying It's taxes Is
supremacy its sphere. These are not chimerical
evils; Tor they are doing worse than tins all the
tlme.n
"Genera9 Thomas says OF his district that murder
prevails by the consent OF society,"
"Well. the fourteenth amendment 10 full OF power
for all the occasions likely to arise. II provides
against the payment OF all rebel claims in any guise;
II gives the protection OF the nation to its citizens
anu IN large sense provides against Unforeseen
dangers IN the clause for appropriate egislation.'
IL assures for the first time history against all
possibilities the integrity u the body polite, the
United states, the political rights OF the nation. 1t
provides that no states shall make enforce any
laws which shall abridge the privileges immuni-
ties Of citizens or the United States. II Is OF
these privileges to choose representatives, to be
represented In the Senate and to for that body,
State body too, that chooses President Some OF
the immunites are freedom from cruel and unusual
punishment and unlawful seizures. IL gives
fun power 70 protect our citizens, and 1t
was needed Hitherto there has been no
question OF our right TO protect our citizens
ustratesthe case OF man only citizen by decla-
ration aud SO positively protected by your New
committed in South Carolina agansta citizen resi-
dent in another State there was no remedy under
any authority
'Your view OF the power of the amendment, then,
is, In brief that it puts more definitely the law OF
relative national and state supremacy"
upon, the abuses OF state power and unless have
such guard we are IN no better position than we
were before the war. The trainers OF the constitu-
ton did not count upon these abuses and dill not
provide us with remedies They supposed spirit
In all our governments In which men would be as
little ready to encr0ach on others TO nave others
encroach on them, because the danger Is N de-
parture 10 whatever side from the spirit OF the law
We have found that to be delnsive dependence and
must act from our experience
estate rights proper, then you DO not regard al
necessarily IN conflict with the central power, ex
cepg In their abuse"
Eyes il is true national duty TO guard the people
OF the United State against the abuses OF the powers
the states rIghtrully have Chancellor Kent says:
The judicial power OF the United states 10 neces.
sarily limited To national objects. The vast field OF
the law OF property, the very extensive head Of
which Cow from our cvi and domestic relations fall
within the control and, we might almost say, the
look essentially To the State courts for protection to
all these momentous intcress' This IL right, as IL
snpposes natural state OF society, where the agents
OF the law endeavor TO do justice. We have another
state OF affairs to deal with, where the agents and
ministers OF the government and the law use IL
as q machine to give eject TO revengeful
helpless ones they ind within their reach. In such
case the protection OF property and personal right
becomes national object. or course II We could
suppose tnat al. the judges were TO be men like
Kent far LEGS than we must now do would be
necessary. Justice ~ incarnate In man Ike him."
"Is II not the case always thai men who have
thoroughly, broadly and properly studied the higher
spirit OF the law attain to sgensral freedom frQp
the baser motives ~
'Eut the world has contrary opinion ar to the
law and the men VINO study IT,
''The world sees mostly pettifoggeTs. To have an
ample and fun OF the mind and soul OF gre At
lawyer look at Bacon the ampest intellect and the
whitest soul known to the history OF humanity
IL am glad that you do not believe him. the wisest,
brightest, meanest OF mankind.'n
alexander Pope would say that Of anybody. He
TOO little to take Bacon's measurea pltiIul fel-
low. Not one Of Bacon's legal judgments has ever
been reversed. am thorough believer also IN the
theory that he wrote the plays that pass by the name
at Is the spirit OF historical criticism that II breaks
images and evaporates traditions: but Shakespeare "
TOO good tradition ever TO be given up.n
slave you read Holmes bOos on th.s question Of
SkakspeaTer
IL have not"
my attention was trg called 10 II by Judge Holt.
The author has n Judicial mind and puts the evi-
dence so that you cannot doupt nt ne Is right"
"But, Mr.. Bingham, would say TINS Inucn gen,
eray historical criticism runs TO An extreme ana
oyercaps its mark when IL requJcs legal evidence
as 70 any event the existence career OF character
OF any man. No doubt IL can be shown IN argument
that Cagula was the FIRST Quaker, and as 10 william
penn and his peace principles u you WIN go 70 nc
State House of pennsylvania you WAL nnd q porlrat
OF the respectable gentleman Ia very handsoine
armor. Armor means lighting. NO douDl, however,
the general Judgment OF the word ~ near rigns az
TO both II Is going too fat 70 cndcayof 70 an
that the world believes because " cannot NC sus-
their own satisfaction that there was no Homer.
We absolutely know 100 mucL o. snasspeale igf
that to be done; but The aslsPs W give 1s PaJs W
another In In the same drcciionD
LAB % what we know Of shakespeare, " u but III
Tic: yet believe We know OF hun all that there was
OF him. What we know, moreover, Is against nun,