Page:The Green Bag (1889–1914), Volume 15.pdf/561

these three great powers deposited with sep Federal authority. Although th« undoubted arate tribunals. But when legal writers first choice of a plurality of the members of speak of the coequality of these powers, they the Legislature, this open and frank avowal doubtless mean no more than that each is of his views upon a burning question of the absolute in its sphere—that when the judicial hour, cost him a seat in the Senate of the power is appealed to, the whole judicial United States, and landed Judge Doolittle, power of the State is put in motion, and so instead. But Judge Howe was soon to have of either of the other powers—that each his reward. A man who would not sacrifice alike represents the sovereignty—that the his honest political faith, in the hope of re judicial power declares, in the name and by ceiving immediate recognition from his par the authority of the State, what the law is— tisans, was soon to have ample political that the Legislature in like manner declares honors thrust upon him. In 1861 anothei what the law shall be, and the executive in United States Senator was to be elected. like manner executes the law when it is de And the open and active opposition of the clared. But to argue that these powers are South to Federal authority and its practical equal to each other in any other sense would application of State resistance to the general be as profitless as to argue that lightning is government, had worked a change in the equal to an earthquake. There is no simili sentiments of the Republican party in the tude between them. By reading promiscu North, so much so, at least, tnat in this year ously from various political essayists, coun he was elected a Senator, and was twice resel have confused themselves. They urge elected, his re-election, in each instance, the importance of keeping the several de being without opposition in his party. In partments of government separate and inde-, deed, it may be said that during his entire pendent; and why? Because we are told service in the national legislature, he was they thus operate as checks upon each other. always the idol of his party in his adopted But how can two powers, entirely separate State. The rectitude of his intentions were from and independent of each other, mutu never brought in question. ally check each other at all? In practice, it Judge Howe became a member of the least is easy to see they do so; but that results numerous branch of the Congress at a crit not from their mutual independence, but ical period in our country's history And from a certain constitutional dependence of he was also a member of the dominant party one upon the other." in that body. Naturally, therefore, he must Judge Howe was a candidate for the have been in a position to exert considerable United States Senate at the session of the influence in the affairs of tht- nation during State Legislature which convened in the the war and reconstruction periods of our early part of January, 1857. This body was existence. He was a warm and close friend strongly Republican, and it was believed that of Presidents Lincoln and Grant and had Mr. Howe would be its choice for the ex their confidence, completely. He was an alted position. But a condition precedent open, but honest antagonist of President was required of the candidates, viz., a declar Johnson and his policy. He did not hesitate ation of their respective positions on the to criticise some of the views entertained by Fugitive Slave Act. Judge Howe had taken Charles Sumner. The reputation of the man a radical stand against the prevailing senti was no protection against what his own judg ment in his party at that time, and refused to ment condemned. It was "a habit of his mind" to first determine what was for his endorse the doctrine that a State might dis regard an enactment of Congress and defy country's best interest, and then fearlessly to