The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-05-17
WASHINGTON, d. c..
9tupIt's Department.
JUDGE McLEAN'S DECISION.
BALTIMORE. Man

The Judge then says, under this provision, the
judiciary of the Union gives construction to
the laws which is obligatory on the State tribu.
mails, because the Constitution again declares
that "the Constitution, and laws of the United
States which shall be made in pursuance there
Of THE italicising is my own shall be the su
preme law of the land, and the judges in every
State shall be bound thereby, anything in the
Constitution and laws of any State to the con
trary notwithstanding" This would be con
sOlidation with vengeance. The judges Of
the Federal Courts here claim that their con
StructiOR of the Constitution is the Constitu
ton, and that this construction is binding upon
the State Judges in all cases whatever But
no; the Judge little further on, informs us
1.-The construction of the statutes of the differ
ent States, except where the Supreme Court Of
the Union exercises an appellate power, has
uniformly been followed by the courts of the
United States. This has been carried so far
by the Supreme Court as to reverse its own de
cisions, to conform to change in the decisions
of the State Court; and this was on the ground
of policy, to avoid two rules Of property in the
same State" That is TO say, the Federal
Courts have never attempted 10 exercise power
in case which could not by any manner Of
means be controlled by them; but that, in all
cases where they had appellate jurisdiction,
the Constitution and laws of the United States,
their decision and construction Of those laws
should be binding upon the State Judges.
Now, Mr.. Editor, it seems TO me that it is
time for all who are true Republicans, and who
feel that in State sovereignty is our only refuge
from despotism, to ponder well this decision
for, according to the power here claimed, there
is nothing in the domestic condition Of any oil
the States which may not in time be controlled
by the Federal Judiciary. If it rests with the
Federal Judges alone to declare what laws have
been passed in pursuance of the Constitution,
and to give binding force to their construc
ton, would ike TO know what protection the
people of the United States have against the
worst kind of despotism. Neither our religion
nor property, nor civil liberty is safe; and ulti-
rnately we should be driven into revolution, and
perhaps anarchy, in defence of rights inalien-
able to the States as to the individuals compo-
sing the Nation. ANICUs.
THE STATE OF PARTIES ~ MASSACHUSETTS.
DEAR FRIEND: / have read your letter of
January 10Th, on the subject Of Know Moth
ingism, published in the National Era of 22d
instant Your views are-as always-replete
with truth, liberty and justice, and, in gen.
eral meet my high appreciation. Yet, as all
independent minds have diversities of opin-
ions, and as, on so mornentous a question, every
intelligent view is valuable, You will doubtless
permit me to express to You some impressions
on my mind, varying somewhat from your state
ments.
In common with many Anti-Slavsry men, |
have been exceedingly astonished and morti-
fed with the sudden rise and extensive success
Of the Know Nothing Party, regarding it, at its
first development, as movement which COM
pletely paralyzed the augmenting Anti Slavery
Of III N -.
most powerfully excited By the passage of the
Nebraska Bill, and when it promised the most
vigorous resistance to the encroachments of
the slave power; and though my feelings are
somewhat changed in this respect, cannot vet
part with my opinion, that it is to be disap-
proved, as essentially bigoted in its professed
design, in its secret operations, incompatible
with the open and manly principles Of patriot
ism, and in its oaths and imposed obligations
both unchriStian and tyrannical.
But, looking only at its probable effects On
the policy of the nation, my alarm at its prog
ress has been much mitigated by the results of
the elections in the North, which it has in a
great measure controlled; and while still re-
tain the belief that it Injuries the cause Of Free
DOM not only by ignoring that cause but also
by dividing the ranks of Anti-Slavery men,
many Of whom are repealed by its immortality,
on the other hand. 4 feel obliged to dissent
from the position, that appears TO be yours as
well that of the Era, that its tendency has
been entirely Pro-Slavery; that the sentiment
of Freedom in the North has been barred by it,
and can only be restored by its division or dis
solution.
The error Of the correspondents of the Era
on this question-both pro and con--seems to
me 10 be- that they all regard the Know Moth
ing Party as unit as actuated by one general
Il. al al. u.
mount principle is thought everywhere to be
resistance to alleged Papal political influence,
in entire disregard Of sthe great question of
Slavery. 1t is true that this is the professed
ground on which the party stands, but ques-
ton Its sincerity; and indeed have no ques-
ton, that many eminent citizens have Joined it
from ambitions and other views, entirely ire
spective of any fear Of Roman power, who have
given guiding direction TO its political move
ments. i do not believe that onefourth part
of those who nominally belong to that party
have any solicitude about the privileges or
votes of immigrant Catholics.
Viewing the subject in this light, think the
know Nothing Party is not to be regarded
altogether as an ally Of the slave power.
think you are in error in saying that "power
looks with joyful establishment at the result ~
i have seen extracts from Southern papers, in
which the Order is denounced as Abolitionsm
IN disguise, aud apprehend that the suspicion
OF that character Is quite common in the slave
States; 1t certainly is so nj Washington and vio-
lently opposed on that ground; and these sus.
picions are confirmed by the recent elections at
the North and West. At the South, however. the
Order can have but little political influence il
cannot strengthen the power of Slavery, already
predominant over every interest, and it certain
ly can convert no STAKEHOLDER TO Anti Slavery
principles, and of course must there be speedily
dissolved. In looking for its results, we may
therefore confne our attention to the free
States, especially those of New England where
in some respects, IL has been favorable to Free
dom.
The Order has performed an important ser
vice to Freedom, in breaking up and render
ing powerless the old pro-slavery parties; al
achievement which could not have been accom-
plished 80 speedily or so thoroughly in any Other
way. The passage Of the Nebraska Bill re
moved the remaining delusion of the masse.
Of those parties, and when they consequent,
abandoned their respective leaders-the Office
holders on the one hand, and the moneyed arts
tocracy on the other--the question of Webster
was with them, where shall l go?" Owing
TO their remaining prejudices, and another
reason, which i shall presently adduce, they
did not see st to JOIN the party, which had
transferred itself from "Free Soil" to a
Free Democratic" and thence to "Repub
hcanr one; and it was obvious that by such
an amalgamation they could not have acquired
the unity and majority which, under another
banner, has led them to victory; but they saw
an increasing organized body, not assuming the
obnoxious title, q Party" but calling itself by
the more enticing appellation, Order" &c
whose object they were so Indifferent that they
could join under it without fear of the usua
collisions Of political issues, which they agreed