The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-27


tribunal earth. 1t independent OF popular
ment and political influences We not The Judges
hold their Offices Tor life, and are, and have
been, accustomed justly to consider their elevated places
as the limit OF human ambition The position OF
Der of Congress- If he be ambitious man. but step
ping place on the ladder 10 higher political elevation
Thai OF the Judge is where the occupant If OF
sense and nj for his position, justly conceves himself
having sounded all the shoals and depths of professional
honor aud reached The point where, I, he performs his
duty he can gam more lasting fame than IN other
known 10 the constitution. Judge of the Supreme
Court OF the Untei States reach no higher station
The incentives honorable fame professional pride and
the sense of justice without which could reach
so elevated position combine with all the sanctions OF
the judicial oath, TO give us assurance that Judge will
not expose himself to the degrading charge of being 10
fnencei in his decision by political, sectional, corruiA
considerations, knowing, as he must, that his every
and action will be watched and critically well as feag-
lessy scanned, by OF his profession both the
bar and the bench Senators but the representa-
lives of their respective States The Judges are the rep
resentatves of the judicial power of the whole nation
ton OF the former can never enter into the bosom of
Judge without disgraclng HIM. Senators often gov.
erned by legislative and party instructions which, if per-
mtted TO control the Judgment of Justice OF the Su-
preme Court would shock the moral of the whole
nation, and inevitably result in his impeachment
sign him to perpetual nfamy. True it is has been
SAID, that many senators able but have yet
learn that any senator this floor is as able to de-
eide question OF constitutional law the same man
would be after the experience of years the Supreme
bench The members OF Congress will egsate better
than the Judges but the latter will quite far exceed the
to them by the constitutions; ana in accordance with this
belief the bill, while it leaves the legislative power
the question OF slavery in the Territories in Congress,
far the constitution has conferred it, also leaves the
judicial power the question in the court,
which it was given by the same sacred instrument
The objection that five OF the nine Judges reside south
OF Mason and DXons line, is unworthy OF statesman
1t is not denied that may be honest if he live
on the side OF the line if he lived the other
But the consists of nine Judges, either the South
or the North must have the odd The objection
therefore, goes to the constitution and the organic law
which established the tribunals and if it have any force
whatever it proves that government is failure 1t
aragns the fathers of the republic who built up ns
tuons proclams those institutions TO be unfit for the pur
poses of civil administration; and condemns expert
men at sef-government as monument of the folly OF
our ancestors. The man who can in his heart believe
that five judges would decide this question sectional
grounds must be prepared to pronounce them corrupt
and unworthy of their stations; opinion justified by
no of their past vesby nothing in the past his
tory of the court iisef-and by nothing proud TO
say, in the annals OF American Jurisprudence
| The honorable senator from Tennessee (Mr. BELLY
opposed this bill on the ground that the court was the
weakest of the three ordinate branches of the govern
ment-too weak, he said TO command obedience, or to
settle such queson-and he drew the inference, that
The decision OF it before tribunal feeble might break
down the court while it would fail TO satisfy the public
mind If by the declaration that the is the weakest
OF all the branches OF government he means that
has less patronage and political power than the others,
concur with him. But for that very reason it is
strongest in the confidence and affections of the people
They believe that the members OF the court have no
motive powerful enough to induce them to disgrace
themselves by injustice They are yet, thank God,
abiding people, and they know that when they cease
to be so, they will to be freemen The citizens of
the United States at this moment repose more confidence
in one solemn adjudication made by that court, upon
question OF constitutional law, than in twenty decisions
made by Congress on the same subject The senator IRON
Ohio pointed the opinion of the sustaining the
consttutonay OF the charter of the Bank OF the United
States, and with air Of triumph told the people had
reversed the decision. Indeed, When and how did
The people ever manifest want of confidence in that de-
csion Never nowhere! They sustained President
who. vetoed
bank charter against which every argument that could
be drawn from expectancy was adduced and there were
But is justified in saying that the people under
took TO decide the constitutional question or manifested
any wan, Of confidence in the court The people dec
ded political, not judicial question. AT this moment
although may and do differ about the expediency OF
national bank, deserving the name of consti
tutiona lawyer would override the courts decisions and
the of John Marshall, who pronounced it, stands
high in the grateful and aectionate remembrance OF
every American, those of II lie, aad Hardwcke,
and Mansfield in the affections of an Englishman
The senator from Tennessee, as well as others, in
qued of how this bill could settle the controvers,
between the slavehodng and savehoiins sections
of the Union answer: precisely in the same quiet
mode by which the court the last resort provided by
constitution, has decided thousand other questions
which have arisen between the people OF different States
and sections of the Union Ii is the greatest glory the
proudes boast OF our contrymen thai the, are governed
only by law-anJ that law made by their servants,
and interpreted by selected by them selves their
own agents. They bow to the majesty OF the law in
Difference themselves Toeir own serespect teaches
them to obey the edcts promulgated by their authority
that of their fathers For this reason, the true Amer
can more law abiding being than the citizen of any
other nation earth. The inscription the monument
of the Spartans who fell at Thermopye was, $50,
stranger and tell the Lace nonians that lie here an
obedience to the iaps Obedience to the laws is the cog
spirit the essential Characteristic OF ratonaI
civil liberty Resistance to tyranny is the result OF the same
love of freedom which dictates submission to the civil
magistrate of choice; and every truly Tree
people earth have been distinguished Tor their defer
and respect for the judgments OF their own tribunals
When shall so far degenerate from the spirit OF gen.
ue civil liberty to despse and trampe under foot the
solemn DEGREES of the great judicial arber appointed by
the republicans OF the oden time to decide controver
,ies alay heart buninxs, and restore fraerna feel
ing among the contending geographical divisions OF
common county, we shall cease to respect the memories
Of our foretathers, and to honor our own truth.
This BILL sir, conmends itself to our of justice
! 1t is founded on principle Unlike the celebrated Mis-
geographical line so much dreaded by Mr. Jefferson
and the only merit of which that 1t was the result
of mutual concession and torbearance this bill comedies
no right OF either party and compromises no principe
II il be true that the territory is free from African slavery
by the laws of Mexico, the North contends the court
to decide whether the extension of our laws ana con
sution that territory will justify the clam Oh inc
South--thai her citizens have right 10 remove thefe
with their property, including slaves slavery does
exist in the territories in spite OF me decree OF uqer
rero the Mexican DICTATOR OF the 18th OF September,
1899 and the law of the Mexican Congress OF 9TH April
1887 as somebo " from the North, anxious 10 prejudice
The bill with his constituents, has pretended, then the
Question will be- do the constitution and existing laws OF
The United States abolish it The dispositions of
tain learned Thebans both in the Northern and the South
crn press on the facts and the law 10 be settled by the