New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-16

Certain Journals which profess grea. horror aud
detsstaton Of the spiritual nfallb1ity claimed for
the See of Rome, are very zealously laboring just
low, to establish for the Supreme Court Of the
United States or rather for the extra judicial opn-
ion off msjorty of its Judges, constitutional aud
political infullibiity Of character thousand times
more dangerous. Submission TO spiritual authority
is in this country fortunately matter OF choice.
The authority claimed By or for the Pope over
mems conscicnces has efficacy or effect except
BY the consent of those who submit to it, 10 point
OF law it binds no more than obligations or oaths
imposed by Dsrk-Lan,ern lodge to vote only for
the lodges nominees The danger to be appre-
hended from spiritual as from Dark-Lantern as
sumptions is Oh ely not from the exercise of any
external force, but from exceeding, inherent and
ifyl chile weakness 10 those over whom it is exef-
cistd-s sort Of danger not likely to be attended
with sny permanent or serious results with men OF
firm will and sound understanding.
Very different IS that constitution and political
infaiblity with which some of our Dark-Lan'ern
journals are seeking to invest the extra Judicial
opinions Of majority of the Supreme Court
Judges To these e1trajudicial opinions they are
at,en ping to give the force Of law not merely Of
law binding on the conscien ,es and entitled to the
obedience Of all good citizens bu. law to be en-
forced, if need BE- by United STATES Dragons and
rebellion act after the model Of that of the Bogus
Kansas Legislature. Ii We do not sll quietly SUD-
nit 10 the recent gratutous at.emp. on the part of
five savholdipg judges TO remodel the Constitution
& b. oil Il, 10 sIIif
A,yi,,ua wishes, or those of the se:ti n to which
they beIctg, We are threatened with being hung,
drawn and qusrieIed as guilty Of high treason.
If this refusal on our part to submit to the as
sumpt on of five saveholdng Judges to set aside at
their discretion all preceients and all usage, as well
as the words Of the Constitution, and to substitute
therefor their newly developed views of what the
Constitution ought TO be-yiews based on theOret
cal grounds and recent and local interests-f this
denial en- Cur part Of any such power IN these five
men to oyerturn the course Of legislation established
BY Congress at the very foundation of the Govern
ment and adhered to since, is reasonable, at
least We shall have the satisfaction of hanging in
respectable company. Upon these points Judge
Curtis is quite as great a traitor as we are, and
quite as likely to ewing for it under this Dew defni
ton Of treason. Upon this subject be expresses
himself thus:
Il di sent therefore rom tbat part Of The opinion
of the majority of the Court IN which it holds that
person of Aticsn decent Cannot be citizen of toe
UHited Ssies, and regret must 60 further and Gle.
seLt both frow wh0f dem Hfr assumption Of
authority 10 esGnins Nh, ceRsW,i0Hality IF he az, ot
Coagrtss commonly caleb me Missouri Compromise
acf sno The grounds aud cuson o1nced in their
opinion.
On so grave fubec as this fell obi; -ed to ssy,
that in my opinion such crsrf0a Of iHd'ciGi porer
transccnds The Hmi'S NJ Hc authority Of ne Court, ~
described by repeated cec lions and az acknowledged
in this cpiIiyn Of The msjori,y Of the Court.
In he course of that opiniop it became necessary
10 comment the case OF lie Grand We ID smrell, re
ported IN Peters b6i.
"The opinion of the msjorfy Of my brethren ID this
case dspcss OF the OF lie Grand vs.. Dsnrell by
saying In substance that as the fact that the defendant!
was bern slave only csme before THIS Court on the
bill and ans xer il then too late TO raise the ques
on OF the personal disability OF thu party aud there
fore that decision sl,oge her ina?pcsbs in this case
In this concur Since the decision of this Court in
Livingston vs. Story III Peters. ol the law hiss been
settled that when tie declsrs'ion bill contains the
necessary svernents Of citizenship this Court cann)t
look at the record 70 see whether thoee svermens are
true except far they are put 10 .sus BY pies -
the jurisdicOn. This Is he set!ed law CT the Court
sflirned so lately ss Shepherd We Graves, IA How a.
But do not understand this 10 be rule which tue
Cou. may depart frou al lts pleasure II II be rule,
il is binding en- the Cour or the suors 1t re-
moves from the latter the power to take any
10 the personal dir ability OF party alleged by the
record 10 be cCmpettn t which Is not shown By pies
10 The Jurisdiction it is b. csuse me Court are torbif-
den by la,c 10 consider and DECIDE on OBJECTIONS so
taken Go not cCnsider It to be WITHIN the scope OF
the judicial power Of the majority OF The Court 10 pa,s
upon any question respecting the plaintiff citizenship
IN Mssou l. save that raised by the ca to the iirs'
dci!On and do no, consider any opRt3n OF h1 COrrt
or any CONT 5iR0inG vhca oppressed on question
Uot I,Stirabl. bef,ren Carroll vs.. Carroll 10 w..
27 The Judgment Of the Court is II 81 the case s 10
be disuissed Tor want e jurisdiction ln'o that judy
melt according TO the settled course o. this CJu1i
mol hing appearing afer plea 10 me merits can enter
great 0nesl on OF constitutional lar, deeDy affecting
n, ace and eitGre OF c country g0', N my opR
Ton, III sKbjtest0 b thHs re1ches.
Nor is this the only piece of treason of which
Judge Curtis is guilty. Again second time he
deliberately attacks this newly -assumed authority
by his five brethren TO decide questions not
bel re them AID 10 decide them, too, on theoretical
ard politics. g;outds, with whl,h Courts haze no
bssiLess to NEEDLE. As if actually ambitious Of
hanging in company with TIE TRIBUNE and other
,Iaors Of tia. stamp he again speaks cut 10 mee.-
.ne IN st Il more uncerem pnious style trea-ipg
the opinion O. his "E'e Ore. he.ea as 70 The power
Of Congress 10 exclude Slavery from the Terrific
ries as not only not the opniou Of the Court bnd-
iDg in any form but SIS No. even Judicial opinion;
Lay, lot a 'juIdicai opinion; no: even The ex
psIte opinion Of FIVE lawyers, bit as only thu nii
vidual opinion Of FIVE Southern politicians. In
speaking Of the different views which had been
taken at the bar Of the question of Slavery in the
Territories, he thus expresses himself:
"With the weight Of either Of these sons,
when presented 70 gress 10 incence is action THE
Cont has 10 concern One or the other msy be Justly