Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-05-20

hands of Congress, and left corrupt Demo
cratic politicians in the lurch for question
to agitate. 1t would have removed all
pretext for varying Constitutional opinions
among those who acknowledge the Consti-
tuition as the law of the land. The day of
verbose and ambiguous platforms would
have been over
These Northern Democratic leaders, Cass,
Douglas, Pierce, Buchanan & Co., are
strong in their faith, and earnest and hon
est in its advocacy. According to their
Southern apologists, the South's only re-
fuge from their doctrines is in the Supreme
Court. OF that tribunal, as at present
constituted, we entertain the respect due
to the exalted character of its members,
and the high and responsible positions they
fill; though we cannot represS an express
sion of regret at the position which one of
its members, hitherto regarded as conser-
vstive as he was conceded to be able, has
been placed in before the country. We're
fer to Judge Mclean, whose name has been
suggested in connection with the Black Re
publican nomination As strong as our
confidence is in the Supreme Court, it is
not blind and unlimited. We cannot sat-
isfy ourself that if one half of the con-
federacy become indoctrinated with
certain view of q constitutional question,
that its representation on the Supreme
bench may not, and in all probability will
not, be similarly inclined. We cannot as
sure ourself that if the Democratic party
succeed in placing in the Presidential chair
a statesman holding the views which Gen.
CaSS, within the last week, has deliberately
reiterated in the Senate-which may be
stated thus, that territorial legislature has
the pOooer to prohibit sLGrsry a0ithin the limits
of the territory in adUanes Of the formation
of a State Constitution the Constitu-
tional rights of the South are safe through
the interpostion Of the Supreme Court.
The contingencies of one year might render
that strong hold insecure. Death or resig-
nation might make vacant majority of the
Judgeships, and the duty would devolve up
on this President, admittedly unsound, to
fill their places. Is it unlikely that he
would supply them with men who, upon tie
great question of the times, held opinions
agreeing with his own Upon this point
we beg to introduce a remark or two of
DANIEL WEBSTER, in speech delivered at
Worcester, Massachusetts, in 1882. The
times were troublous then. Grave consti-
tutional questions were before the country,
upon which there was diversity of opinion.
Mr.. Webster was exhorting in behalf Of
healthy public sentiment, which should fill
every department of the general govern
ment with sound men. OF the Judiciary,
(the Supreme Court, he said
"Sir, we have been accustomed to vene-
rate the Judiciary, and to repOse hopes of safe
" in that branch of the government. But let
us not deceive ourselves. The judicial power
cannot stand for q long time against the Exec
utive power. The Judges, it 10 true, bold
their places by an independent tenure; but
then are mortal. That which is the common
lot of humanity must make it necessary to re-
new the benches of justice, aud how will
they be filed Doubtless they soiU be filled
BIZ incum6ents agreeing NTH the President an
his Constitutional opinions. If the Court is
felt as an obstacle, doubtless the first Oppor-
tunity, and every opportunity, will be embra-'
ced to give it less and less the character Of an
obstacle. Sir, without pursuing these objeo-
tons, l only say, that the country must prepare
itself for any change in the Judicial depart
ment, such as it shall deliberately sanction in
other departments"
His wisdom, which has been termed
"God-like," never uttered wiser words. If
the South shall sanction" in the Executive
department rulers so unsound as the Uni0n
and american admits his prominent North
ern leaders are, at must prepare itself for
any change in the Judicial department"
and in every human probability, a change
which shall rob it of its character as q de-
fender of her constitutional rights.
Oh, it is the lamest and paltriest, the
most unstatesmanlike and unsafest reason
ing to excuse and justify the election of an
unsound President, on the ground that CO.
ordinate department of the government
can rectify his errors 1t is too fimsy and
shallow to merit admittance in two-penny
village sheet, much less the acknowledged
State organ of party.