Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-08-30

JUICE McLEAN's DEcIsIoN.-It is untortu
for the moral force OF decisions emanatinp (rom
Judges Of the Supreme Court of the United States
on subjects where the laws Of the General Govern.
ment conflict With the rights Of particular States
they that do not owe their positions to the direct
will oil the people. They are the creatures of that
federal power which is a party to the very contro
versy which they called to decide Their com
tort and honor most interested in that direction
Ii is but the other day that enerprising and pains
taking Boston lawyer, distinguished for unlirng IN
duslry rather than for superemnent legal ability or
general talent, uttered in Faneu Hail. an argument,
veiy remark able for that place and atitude in favor
OF the rendition Of fugitive slaves. What followed
vacancy soon after occurred on the bench of the
Supreme Court, by the death of Judge Woodbury.,
and the vacancy filled by the aforesaid lawyer VIE
jumped over heads greyer, ripper, wiser, and more
venerable than his.
Is not this lesson to the whole bench from the
power that is to judge oil lis good behavior? We
do not say could be selected who would be less
swayed by such considerations, than those who have
hitherto sat that bench. Were it the uroper
time, we could say much in honor of the Supreme
Courts impartaily aud fidelity to Justice But
shrewd historians tell us that in all those subjects
where federal power opposed 10 State reservation,
the decisions OF the United States Supreme Courl
do show a common drift or leaning much ike that
Of trees in an open county, from whch you may in.
! Ter the direction Of the prevalent wind
uOWeNef tnis De IN point OF TACT, the phIlOSs
ophy oil human nature requires put the decision
OF Judges appointed, entirely the reasons as
signed, and not at all on moral character or author.
| ity Such Judges, on such Subjects are no more or
less than United States Attorneys for life subject Ia
impeachment by federal power, On the subject of
federal fugitive slave law old and new it is remark
able how the Unlltd States Judges have fastened
| to pronounce il Cuasliiutioual while LAWYERS Oh
| from the henrhi ~hum The county has honored an
not less able asd stuud, sHth a. Sew ard, Rantou
and Webster, have expressed different opinion
and have ouly conceded the Conslutonalty OF
either act, # they have done il at ALL in difference
to the sheer legal iorte OF the comt. Mr.. Webster
| worshpped as the greatest of exp0undprs, was de.
cidedly Of opinion that the Constitution contemplated
the action Of the States, aud nttuf the federal eov.
eraI government this subject These reasons cal
us to treat such decisions as the recent one O
Judge Mclean, in opposition TO the natural rieh.
OF man, and the reserved rights of the States With
the most rigorous scrutiny taking nothing upon trust
or ipss dat. No man, better than the learned and
honored Judge himself, could give weight to This
caution, or would do il, were he in such a
position ours.
not believe that Judge Mclean, however eonscien
tious he may be in The opinion on which he has
based his decision, expects any credit for it with
postery. He must be quite conscious that the time
coming when his decision " i'll be held as bad
law, and his reasons worse logic. His sup
port in such circumstances he must find IN certain
great considerations Of eXpediency, which will not
well bear TO be stated, and which are sufficient in
his mind, uvetbaance his loss Of reputation with
posteriiy as Judicial authority .-Phhadtlphia Reg
isteT.