The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-12

things, comprehensive reconstruction OF our pO-
litical p arties and their platforms. Henceforth
there pIust inevitably be great Northern party
and great Southern party, not upon Kansas or
Cuba, nor any matter of Congressional legisla-
ton; not upon the ordinary issues of change in
the Executive administration, but upon the new
and comprehensive issue of the changes of the
Supreme Court Judges necessary to reverse the
majority Of that ultimate tribunal from the side
Of Chief Justice fancy to the side of Justice
M'Lean.
Court, the election Of President becomes an all
important issue henceforward but still seconda.
~ and subordinate issue, as embracing only the
means for comprising the main question In this
view, it may be twenty years before the North
will be able to secure majority of the Supreme
Court Judges; but in the interval, as every Presi
dental election may involve the appointment of
a new Judge, every contest henceforward for the
Presidency will turn upon that question, and as
between the Northern anti slavery and the South
ern pro-slavery view of the subject.
Some of our republican anti-slavery journals,
stunned by these late tremendous blows from the
Supreme Court, are counselling an organized re-
sistance But that is folly; for resistance against
the constitutional and final expositions of the
law would be treason and rebellion. The party
adopting this desperate policy also would soon
be reduced to the same impotent and debasing
level as the abolition disunionists of the Garri-
son and Parker fraternity, for the great masses OF
the late republican party Of Fremont and Day.
ton are devoted to the constitution and the laws.
But they who believe that according to the con-
stituton negroes can be citizens, that the Missouri
compromise was valid and binding, and that
Congress has the constitutional power over the
question Of slavery in the Territories, may still
have these doctrines proclaimed as the law Of the
land, in legitimate way, through legitimate
means, and by the very tribunal which upon all
these points has now decided against them.
The Supreme Court Judges are appointed by
the President, by aud with the advice and con-
sent Of the Senate, and they are appointed for
life. They generally live to good old age,
and their vacancies are filled as they drop Off
According to their average chances Of
longevity, it may require fifteen or twenty
years to reduce by deaths and by new
appointments from the North the present South
ern majority Of the Supreme Court to minority,
although the change, from the uncertainties and
casualties of human life and from permanent
Northern party organization. NAV be effected in
less time: but in the interval. all party coayen-
tions, nominations men, measures and principles,
North and South viii be made subordinate to the
main issue of sectional change or no change of
the majority Of the Supreme Court.
1t is as clear as the sun that Southern slavery
isrecognised and protected by the constitution
that the negro in state of bondage is treated ia
the constitution as a slave: and that If slave
shall escape from his master and come among Us
in the North, we are bound to deliver him no.
The right of transit of a Southern slayebolier
with his slaves through free State. necessarily
follows-the extent and duration of the privilege
may be matter, bona tide. of State sovereignty;
but the freedom of transit il a constitutions
right, resting upon the co-equality of the States
and their citizens in the Union All these broad
lines of constitutional demarcation in support of
Southern slavery and the absence of any recog-
milton Of the African as citizen, 20 TO sustain
the decision that negroes are not citizens by the
constitution. These careful distinctions between
whites, blacks and Indians have contributed their
full share to the prosperity and progress Of this
republic. in keeping the European race supreme
pure and intact among us. A general recogni
ton of equality, and general mixing political
and social Of whites, Indians and negroes, on
the other hand have been the crushing curse of
Mexico and the Central and Southern American
republics
Upon all these issues, we dare say, excepting
perhaps, the absolute reputation of the African
in all cases as a citizen, majority Of the peo.
pie, even Of the North, are with the Supreme
Court. But the question whether Southern slavery
il n local or all-peryading institution. co exten-