The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-31
THE HIGHER LAW.

cases. the Republican expresses gratiflca-
ton that the advocates Of States rights,
in approving this decision, have Mt length
abandoned the doctrine OF higher
law and conceded that the Federal
tribunal is the highest power OF con-
struction known to the law Itai1lrms
that tho men who maintained tho re-
served rights Of the States" denied the
authority Of the Supreme Court, and
contended that 1.-THE States alone had
the right to judge in the last resort OF
the mode and measure OF construction
and redress" 1.-The Southern States,
says the Republican, "all affirmed this
doctrine in their act Of secession. They
expressly denied the right OF tho Fed
eral Government to decide the dilIer-
erences between the States and the
Government.
The Republican, by no means fairly
represents the views Of the States rights
men OF 1860. particularly those OF the
South. On the contrary. 1T tolerably
graphically sketches tho opinion
of the Abolition fanatics OF 1860,
and attributes them to their Dit
terest opponents. 1t has never been
denied. wo believe, that the people pos
sess tho right OF revolution In certain
emergencies; that when men who have
obtained power, either In monarchies or
republics, trample upon the laws, pros
titute the judiciary, ignore the claims OF
humanity, and convert government into
an organized persecution, the people
have the right to fall back upon the first
law Of nature and protect themselves =
through revolution, II necessary. The
right OF secession was advocated by
Democrats as peaceable substitute for
revolution, and they proposed to resort
to it only when the fanaticism OF the
North should have grown to such mag
nitude and strength rs to control tho
functions OF government and prevent
the dispensation Of justice. Whether
Mr.. Lincoln's election presented an
occasion which justified tho South in
revolution or secession, is question
that has no place in the politics of to-
day it Is historical question, and we
do not propose to discuss it with the
Republican or with anybody else.
We do not intend, however, to permit
the Republican to shift the reasonable
sentiment OF tho Black Republican
party on to tho shoulders Of the De
mocracy Of 1860, or OF 1876. Before the
war the Democratic party stood, as 1t
stands to-day, on the Constitution it
maintained that the Federal tribunal
was the highest power Of con-
struction known to the law and
planted itself behind its solemn
DEGREES. 1t was the leaders Of
the Black Republican party OF 1860 who
denounced the Constitution as "a league
with the devil and covenant with
hell" It was w. II. Seward, one of the
founders OF the Black Republican party,
who first announced the "higher law
tho paternity OF which the Republican
attributes to the Dem ocracy. 1t
was tho Black Republicans who de-
nounced the decision Of the Supreme
Court in tho bred Scott decision. 1t
was the Black Republicans who organ
lied armed mobs to rescue fugitive
slaves from the Federal authorities,
after the Supreme Court had decided
the fugitive slave law constitutional and
binding upon oil the States and who
thereby declared that the Federal tri-
bunal" was not the highest power OF
construction in the Union. And,
finally, the Black Republican party was
the first sectional party Of any conse-
quence ever organized in the country
and it was organized upon principles an
tagonistic to the decisions Of the
Federal tribunal, the highest power OF
construction known to the law" All
these facts might be RENTED to his
tory as we remit the history Of secession
to history, were it not that the sectional
spirit OF Black Republicanism has been
transmitted to and now inflames the
Republicanism OF to-day. Old Thad
Stevens, one Of the saints Of latter day
Republicanism, declared in Congress
that the dealings Of his party with the
South were outside of the Constitution
it Is notorious that his confederates and
successors have brought the Constitu-
ton into disrepute, and dealt with the
whole country, and the South in
particular, upon the theory OF
the "higher law" The Democratic
party previous and up to 1860
every man acquainted with the
political history OF the country
knows, denounced the " higher
law" Of Mr.. Seward; it is notorious that
it insisted upon strict construction OF
the Constitution. and stood firmly by
the decisions OF the Supreme Court. II
is to-day, as it was in 1860, opposed tt
the "higher law" 1t has denounced
the lawless interference OF the Federal
authorities in the domestic affairs Of the
States, by which free citizens have beer
dragged from their homes and incarce
rated at the mercy OF Republican poll
ticians, and it now rejoices il
a decision which in a measure re-
establishes the reserved rights Of
the States. The Democratic party has
stood by the Constitution and the
courts. fairly organized, first and last
The Republican party, before and since
the war, has fought the Constitution
and either defied the decisions Of the
Supreme Court or sought to influence