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418
Ysrnoromm RECORD
appointed. I knew that John Moon, the
man who had robbed me, and who now
,stamIe at the bar of this court, hadfoi-med
oonnexious in this island, which would in
all probability bring him back to it as soon
as the intclllgcnce of my death gave him
the promise of security. In this I have
not been disappointed. I have been equally
fortunately in other respects. While my
unworthy servant remained here in imagi-
nary softly, I have been successful in dis-
covering the quarter in which, not daring
at llrsl. to betray here the appearance of
wealth, be had lodged the whole of the
stolen money. I have brought it with me,
and also sufiicient proofs, supposing his
confession of this day to be sot aside alto-
gether, to convict him of the crime with
which he stands charged. By the same
means,” continued Clodimir Freiiois, with
ii degree of honorable pride in which all
who heard him sylnpathised, "will I be
on-ihled to restore my family to their place
in socirfy, and to redeem the credit of a
noise on which no blot was left by those
who here it before me, and which, please
(lid, I shall transmit unstained to my
Cl1llLifL‘i.), and my childrcn‘s children."
Jilllll Siouii, whose guilt was thus end.
and strangely laid bare to the world,
t rotracl. the confession which he had
Llio extremity of his terror, and,
iii separating, the court sentenced
‘nrinent for life in the prisons
col y.
news of Clodomir Frenois'e rev
so spread rapidly, and the high
‘ all his character was held led
dense multitude, who welcomed
' prolvriigcd shouts. it would be
. to attempt any description of the feel-
'n,':. of his wife, who thus saw restored to
h--i tho lnzlovcd being for whose sake she
l’ bl ‘ rld. She was released
r wales sticai vows, and rejoined
I u -ljrlllll, no more to part till the grave
c‘;ii:nr:r,‘ uizo or other of them as its
‘
Federal Bnrbatitles.
The so,-‘mlic press of the North have
J persistently, energetically, and un-
- ugly, on one strain-that of rebel
: rrcitws. They have gulf-ed down every
= the bad treatment of our men
1 i soners, and the bigger the lie the
re snr-earl they gave it. Everything
:rl sit the ‘ii.in,r;ir.g, msngling, torturing or
lug of Federal prisoners, that their
'<,-f u-may-it-lirier correspondents could
H”. lllcyv eagerly swallowed, and the
'gl‘e:ili:i' tho iiuprobability the more certain
ll use to arouse all their sympathies! The
For L i’.‘lr.-w affair they presented in every
,", colored with all the paint they
.1.) vv how to daiib on. The murder of the
,:E‘()rfli:iiii family by Federal negroee led
in)’ a. lnnl-.'eo schoolmaster in Federal, uiii-
al-olition press condemning the outrage.
t:o'ld blooded murder of ten men b
i p- nfil atlioy applauded; the hanging of
' ‘ 9‘ ‘hey approved of; the ravishing
2. dull him from being called to account
1 o trrilhlo outrages which Wilde’s nig.
"Kt ‘named “Pun the people of
reitimtly the murder of five hundred Bough
"fh Prisoners in a late battle on the Red
IV-V:-F,‘,l>y nigger troops,.has met with up.
yllr.)n.i0u from the abolition news apsrs,
I On the Gib inst., the prisoners at radian-
:Xil‘>H-'1,Inoiaria, were put on half rations.
5, .
" “‘“”‘ll>’ see the other side of the ‘
. - raw
t',"e,' We l’““,Biven the above, and close
l$"Jtl‘icf1>lll)Wln ;
HI
5 M.“ N"“’)’ish to spare the lives
SOME IMPORTANT FACTS
FOR THE DAY.
THE THREE DEPARTMENTS OF
THE GOVERNMENT.
llsurpalioss of the Executive and
Legislative.
Remarkable Predictions of Patrick
Henry.
“ WAS THE CONSTITUTION MADE FOR
PEACEABLE TIMES ONLY?"
(Liirrrsn No. IX.)
To the Editor of the Metropolitan Record
and New York Vindicator:
RESPECTED Sis zewhen the hidden depth
of oliicial duplicity is at last revealed to
the gaze of a deceived people, who have
blindly worshipped at the shrine of false
honesty in power; and’ when, in the per-
sons of obsequiously ministering satellites
to this power. they behold the oreaturgs
of their suffrage, whom they have placed
in tho watch-towers as representatives and
guardians of their rights and liberty,wbat
civil remedy is there left to the people in
this emergency, before the much dreaded
last resource, revolution, is made the res‘
torcr of these rights and liberty?
The people must then look to the third
creation of their Slates‘ sovereign will for
relief from this thraldom. And what is
this third emanation of the assembled wisv
dom of the twelve sovereign States in
Philadelphia, in 1787-this last civil ro-
sourco of the people for relief from their
unhappy condition, brought on by usurped
wet‘ and scrvile legislation? It is the
authority which presides in the halls of
the blindfolded goddess with the scales of
justice in her hand. Although, even in
the sacred precincts of her blindfolded
majesty, we see mean subaerviency to
despotism in high places, in decisions not
warrantable by the great charter of the
Union, but destructive to the liberty of
individual citizens, and detrimental to the
welfare of the people, still there are yet
many honored ones, clothed in judicial
ermine, who have not bowed to the un-
scrupulous bebests of oppressors. Of all
the degrading servilities to which man,
the most noble work of our Creator, could
debase himself, the prostitution of his
judicial position, as a pliant instrument to
power and party, is the most despicable.
The judge who would descend to special
pleading, in order to gain the favor of
power, or the smiles of 8 party, becomes
the loathed subject of even his masters,
and is surely destined to receive as his
final reward a niche in the history of
infamy.
There is much in the history of England
which is darkened with records of oppres-
sion and wrong ; but the bright exceptions
which illuminate her annals appear the
brighter by being surrounded with so much
darkness. These exceptions were her
eminent jurists, who remained uncontanil
nated nmidetths corruption of their age;
and the fulsome adulation which "loyal"
parasites rendered to oppressive power
and who preserved the integrity of their’
judicial character as conservators of the
rights of the people of Britain.
, So will it be here,.when we have pggged
away and given place to our posterity
that posterity will search the annals of
the present epoch for the names of those
who have not bowed their necks to pawn.‘
and have not given their judicial sanction
-2::
o
terity will bestow honored remembrance.
There is an erroneous and prevalent ids,
which is now much rehearsed and used as.
an argument by many of the unthinking,
and by many who, for party pufpoaeay
insist upon its being accepted as truth,
of lrurmns taken in Datile. They ough, go
be lx aiucil in memory (f pom Pillow,"
This mistaken notion is, that the govern.
to unconstitutional acts, on such that P0,;
merit of the Union is centered in the Presi-
dent of the United States, and that the
President is the government. These persons
may not be aware that several of the
Fathers in the Oonstitutionsl Convention,
which brought the odice of the President
of the United States into being, were for
having more than one person in the execu-
tive office at the same time. Some were in
favor of having three persons, so fearful
were they that the incumbent of the nllics
might usurp powerinjurious to thewelfare
of the States and the liberty of the people.
The truth is, that the President is the
temporary sdininistratorof only one branch
of the three which constitute the Federal
government. This government is, in fact,
a system constituted on certain rules,
which are termed the organic laws. These
rules or laws organized the system, on the
principles of which the general adhirs of
the Union must be conducted, and not
according to the decrees or dictetioiis of
one man, or any set of men. Those organic
laws create also certain otiiccs, and the
incumbents of these offices are the admin-
istrators of the system, and they must
manage the affairs of the Union according
to the rules which the system provides.
This system, with its ollices, are embodied
in the Constitution of the United States.
To facilitate the management of this sys-
tem, aiid also to prevent corrupliv.-ii and
usurpation on the part of those who are to
occupy the otlices of the
States, the creators of the
the government into threc urparalo binn-
ches 01‘ departments. We here lay particu-
lar importance upon the fact that the
States created the system, because flio
people of all the States, as an aggregate
community, did not form or create it, as it
is supposed by inauy persons, but the peo-
ple of twelve distinct politicslcoiuniu:ii-
ties, represented by twelve separate dele-
gations; each delegation acted on unit in
the Convention when the system was
brought into existence. Each delegation
gave the name of its State as one vote
when the votes upon any and every ques-
tion were taken. Such was the case whun
the odice of which Mr. Lincoln is l]D‘.V the
-temporary incumbent was brought into
being, For we are informed that on Mon-
day, Juue-lth, 1787, the question of whether
there should be only one person in the
executive office, the votes cast upon it
were only ten; ten States votcd, seven in
favor of having only one person, and three
against it. Those in favor of one executive
were Massachusetts, Cnniiecticnt, Pennsyl-
vania, "irgiiiia, North Carolina, Soiilh
Carolina, and Georgia. 7; and those against
it were New York, Delaware, nnd Marylniid,
8. Vllrie Madison Papers, vol. 2, p, 733,
We have made the foregoing statement in
reference to the States having c’l'elIl.ull the
system, in ondcr to have our readers fully
understand us as stating an incontrovertible
fact, and notes giving itas a more pi.-rs’.-nal
supposition.
We observed that the States, the
creators of the system divided the olliccs
of the conductors of the system into three
separate departiuciits. The first depart
merit, the Legislature (Congress) they
divided inlo two branches, unlike that
under the preceding Coiifcrleration, “liltli
constituted one only. In the first branch,
the people of each State were to be repre-
sented according to certain periodical
prescribed numbers. In the second branch,
the States were to be reprzcsntcd by two
senators from each State. in this depart-
ment, constituted of two branches, was
delegated the power of enacting laws in
strict conformity with the rules of the
system, for the purpose of carrying out the
design of the system. The second depart-
ment was the Executive, whose delegated
duty was to execute the sets or laws
passed by the dret department. The third
department was the judicial, to which was
delegated the last resource, that ofdeciding
whether the acts of the two first depart.
ments.eei:eciallr those of the Legislative
were in conformity with the principles of
prescribed rules of the system embodied '
in the Constitution. To this third depart
ment, was also delegated the power of cog.
nizance over some other matters, such as
controversy between a State and the Union,
any dispute between “two or more States"
any case effecting treaties between the
United States and foreign nations, super
vision over-the trials of maritime cases,
the.
We have already, in our former letters,
treated upon the Legislative and Executive
departments, and referred to the discus-
sions wbich had taken place in rho Conven-
tion when they were formed. We will in
this letter, briefly state some facts apper-
taining to the third, the Judicial depart-
merit.
The Delegated powers of Congress under
the Articles of Confederation were, if as
may so term them, threefold. The Con-
gress constituted in the first place the
legislative assembly oftlie Union. Secondly,
it had the direct control over the exucuticvi
of the laws of the Union. And thirdly, it
possessed the supervising power over the
sclsction of persons to decide upon ques-
tions of appeals from the States. The man-
ner of selecting those persons was sonic
what peculiar, tending to prove most Lou-
clusively the existence of the States as
political sovereign bodies in the (Tontcdera
tion. Thejudicial matters which rcquired
the s--pervisiori of Congress, were irninly
confined to cases of appeal in t'0nli'UW‘i'4l&l
it'i'tlteI'h but-men any two or more >
or between the l.‘lll2ZV.’Illt of dillu‘
The States rcscrvcd to lllt‘ll' --wn conrie,
in the formation of the Confcilcrutlon. the
trials of all other cases, spoil ll"f'iH lb ="
of nppesl in the last resort, wherein more
than one flltite, or the Cil.lT.Cl.lS of morn than
one State were cciict-rncd or rntcieslevl,
The simple fact wait, that. in it,'ltiV.lUiI to
judicial matters, Congress was nrrtliiii
moro than :igs:iicral umpire, to ere Ill’-‘l
justice was accorded by the States tu 0115
another, or by the citizens of :1 State tullw
citizens of another State.
Tho mode of appointing or soloeliiii
the persons who were to tll.(2l(lB on those
cases of appeal was, as we have remarked.
peculiar. Whenever any such cases of
appeal were brought before that general
umpire, Congress, by the Legislature 0‘
the Executive of ii State aggrieved, UT
any persons claiining certain lands in dis
pule, the Congress ordered a notice to M
sent to the parties in controversy l0
appear before Congress through then
agents or attornics, who were dircctul to
select or appoint themselves the persons,
or judges, whom they could inutiially =Ii=’l'“"
upon as the most impartial rofuiccs I0
decide upon the matter of dispute between
them. But if the parties could not n;Zl'lC“
in the appointment of the j iulgce, W’
Congress then selected thico phi.-iO!ill oil‘
of each one of tlic t‘:iirl.ecn sovc 11
Slater-<, and Train tlinso Lliirly nine l""S""S
the parties in controversy struck out 0"l‘
alternately, tlia appclluiit li-sginiiirrgv “um
there were only tliirtcon left, and from thlll
number, in the presence of t‘.ou5“’5",W
less than seven and not more tlnin nil”
judges were drawn by lot; riwl by we
decision of it majority of tlletith “Uh 105“
than live. the parties in dispute had I0
libido. When the respciir!-ml to oi! oi’
peal reliised or neglected to iii.'P9““ l"‘[Ui(:
Uongress, or either party refused to strilsl
out for the reduction of the names 9?
before mentioned, thou the secretary:
Congress struck out in the place of l‘:
party so refusing. The decisions of tho”.
peculiarly appointed judges W9” 0:;
sidered final, and were so recorded. V 9 -
sections 2 and 8 of the 9th Article of 00“
federation.
(1-0 as coxrisusml
his. ltlii.i.s' Cuuacu AND PABLOB. Oscars.’-
Charches, Academies, and Schools, BT51,“
formed that Mr. Alexander Mills IDPPSDHV
organs of the first quality on the most 1'?“ the
able terms. His instruments are held H3 we
highest repute by all who use them. M1
gahe pleasure in commsndin M,
tention of those who intend purchasing. ‘
Mills factory is 105 Worth street.