Workmen's advocate. (New Haven, Conn.) 1883-1891, 1888-01-21
THE DEBATERS.
"Law"-Blind Carnegie Furnished
With Spectacles-"Liberty."
THE LAW AS TT IS.

"Zeno" discusses how the constitution
should be interpreted, not how its mean
ing HAS BEEN judicialy ascertained and
construed, and thus finally settled, except
as changes may be mate by a consttu-
tional convention or in any other mode.
His arguments, addressed to "a judicial
tribunal, go for naught; addressed to
Congress, they may have some weight;
and to the people, they may find favor
Whether right or wrong, the first ten
amendments are limitations upon federal
power; the people at the time of their
adoption december Is, l79D distrusted
a power remote from them, Just as much
as "Zeno" now distrusts State power
A lawyer who puts construction upon
a law, at variance with the one judicially
sanctianed, runs the risk of helping hang
his client, and. "Zeno' seems to be very
obstinate in pursuing that course. More
time and energy has been wasted in dis
cussing what the meaning of the const-
tuition is, should be, or might be, than it
would cost to make a dozen brand new
ones. "Zeno" may rest assured, how
ever that no State has the power to es-
tablish religion or quarter soldiers in
any private house. This, not because
the State is prohibited to do so by the
federal constitution, but because, as re-
CARDS religion. all the State constitutions
inhibit it; and, as regards quartering
soldiers, the power to declare war is re-
nod t.,t l,n I,tn loo, fD al
maintain armies. But the people of the
various States may establish State re-
ligion if they are fools enough to do so.
Again advise "Zeno" to make distinc-
ton between what the law of the land
u.s. and what we should endeavor to
make it. His authorities may be good
jurists and reasoners as to the philosoph,
ical and even logical fallacies of dogmat-
ical law, of the law as administered in
our courts of justice, but that does not
alter the very law by which our conduct
will be measured when we come in con-
tiict with it, either really or by means of
devices employed by our enemies as
means of oppression under cover of law
"Zeno" ostensibly denies "in the face of
the decisions for fifty years past" that
the ten amendments are limitations upon
federal power, which emphatic denial is
pregnant with the admission that the
law of the land is, as | contend, settled
against his contention. Whether such
construction is unreasonable, against the
spirit of the instrument and its authors,
he may find out by comparing section
nine with section ten of article one, Uni
ted States Constitution. All the protec-
ton the individual finds against the
State in the fifteen amendments to the
federal constitution, must be found in
the last three amendments. | pray
"ZenO" to understand that explain what
the law is, to convince him that he starts
his argument from wrong premises-in
installing the law-and that, therefore,
his conclusions are unwarranted. AS
regards the fairness of the trial the an
archists had in the trial court, have left
no doubt as to my conviction that the
prosecution was carried on within the
letter though not within the spirit of the
law, but this cannot be remedied in the
absence of a record revealing that fact in
showing that rights have been set up,
denied, and proper exceptions saved.
Is it not folly to persistently mistake
the law, instead of studying and finding
out its oppressive or undesirable features
in order to overcome them!
As to all other matters, assure "Zeno'
that have not only read the voluminous
abstract, but the briefs of counsel on
both sides; with an additional compare
son of statutes and cases cited. Y. X.