The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-06


elevated TO the dignity OF citizenship the ancestors OF
which were kidnapped by the white and forced
, into slavery ana BY that same white man dsonhraed
has prevailed. Can court lose sight Of the
changes made In the population Of our ooun-
try and their relative political rightsY There
are many families OF human beings; there bpt
common origin. the term race" has been changed TO
"branch.n We branches Of the same father
and mother Articles Is IA ana 10 OF recog
nixe and enforce this idea. Notwithstanding the bred
Scott decision. At that time the law was different
what has this TO do with the question OF the obliga-
aon TO deliver the petitioner to the State authorities
10 be prosecuted rs a criminal. Tho response must
ties SILL exist and that the greatest Sc
curity Tor hie ana liberty resides IN the
delays Afforded by law. The Two elements
are still hostile, and in It's civil ascendsncy will
seek revenge. Human nature Is the same every
where. The rules OF law Intended DO adapted TO
human Affairs and those laws 10 be administered so
that tho passions and prejudccs may controlled.
We are bound to judicaly know the ion Of
sho States OF the Union and the general government
The policy OF each IS TO be public aud must be takan
notice Of We are then bound to recognize the antag
onstc elements which exist in many OF tho States OF
the Union and AS lar as oraanzed cvr power can do
SO protect each from tho oppression OF the other.
We are bound TO know that many Senators and Rep
up their abode in the capital Of the Union OF Statos
for tho period OF their election Can they be alleged
10 be fugtives from ustceY Their place is hero tho
interests OF the dignity they represent call for their
attendance At the capital
take 1t that State OF this Union Is as much bound
70 adhere TO It's obligations OF good faith ndi-
vidual. State may have the physical power to re-
pudatc It's own obligations but II It has already put
forth TO the world Its acceditsd agent, and the funds
are in the hands of tho creditor, she may not with
draw them upon whm caprice.
REcoysTRUoTIoy.
Arc we to wipe out all the events many years
construction? Are We TO say that the whole work OF
the constitutional relations OF the federal and State
authorities is but farce? Can State by us great
seal forth the world accredited agent ana
= change OF parties in the local affairs come forward
and announce deprivation OF rigntsy Article 4,
clause OF section provides the delivery
who has come TO the District AS member OF tho
Senate or House ana remains here for his term Is
iugitvey The State In Its sovereign attitude sent him
here Ms no Is In the Senate or House according TO his
commission.
Lot us rise, II you please to the dignity Of the
ject State Of this Union accredis representative
III the senate Tor the term OF six years.
II II be whole term Could the States OF Massachu-
sets or South Carolina revoke the authority OF Mr.
webster or Mr. Calhoun TO represent them during the
period OF their authenticated mssiony We
can eiace and expunge the records OF rebellion
against the integrity OF union OF States. Yet We
cannot blot out the necessity of trusting rebel
Neither can wo obterate the propriely Of having
some faith and confidence In what has been termed
'.baggers." These matters OF history, and tho
history OF our own country. We must keep cool and
their proper course. Lot the writ issue and DO
Obeyed IN proper cases. Lot the speed DO
Increased SO that there Is no collision
We can save our country from commotion resulting
from prostration by observing some conservatism,
checks and balances There Is no religion without
Its forms. There is no faith without adherence 10
articles Tho judicial faith is In the articles OF the
instruments called tho constitution OF the United
States Tho babe looks TO It's mothers eyes to dis
cover an approval or rebuke Of It's conduct II Will
thcn turn TO tho serner countenance oil The father to
know II IL can proceed. We are in our infancy. We
must look to the history Of our country, which Is
necessarily continuance OF the history
OF the world. Our Jurisprudence Is gathered from
all ages and all sources. Look TO the stern
old countenanccs OF the fathers Of law. Let tho
codes anu institutions and events BIO OF some
value to We have said that the infant the lap OF
It's mother observes the glance and WILL wait while
O 10 n g.
NAL process which the child will never forgot will
II ever finally forsake It, But what has tins 10 do with
judicial decision 1t IS the safety OF tho country
1t ID the preservation OF our Institutions.
II han been tue practice and custom Of nations or
who aa on acco"n, If ro.c., on",o"s " RpcHst"ns
and Kent are cited ana hereby referred to- Could
we judcialy say that the proud head and commander
OF the French army did not enter Berlin In triumph
Could We say that half century afterward the
mpment not returned and the German entered
the proud city OF PARISH Lot escape by virtue oil
our written constitution the awful enactments OF
Communism which followed the entrance and do
par;ure Of German arms, physical power ami force.
rid OF antagonist upon change OF political parties
by trumping or hastily patching up charges that
think had better pause while Wait coming events
and the country is safe.
think am bound 70 take judicial cognixance thai
party thing and faction To destroy
IL IL another. Tho cruel tyranny would be lht
application OF CIVIL forms Of law TO tho dominance
and triumph OF the passions OF faction.
cannot reconcile = to my sense o. dus'
cuffs around and about tue individual citizen for thu
purpose OF sgrrenderng him bound into tho hands o
those who may not DO dispass0nate enough to vindi
the right OF tho niividua, TO those WHIT
might be led by mpassoned appeals TO . condition o
mind that they could not resist
Zeal Tor the correction OF wrong has often led x
tho conviction OF the innocent II Is the duty o
courts 70 SIT snll, deliberate, and with civil pro
cedurc throw their protection IN such u direction a
may curb and control way ward action.
Let the man be remanded TO the body OF which b,
Is member. This body Is legally, constitutionally
Int unnnif nd .f
questions involved and TO condemn acquit.
discharge him from arrest OF the warrant for hi
extradition, and tho same IL hereby ordered
DAVID q. HUMPHREYS, Justice.