The Kanzas news., 1857-06-06
The Kanzas News.
History, as .Expounded by the su
preme Court. %

ssHistory, as Expounded by the SUI
preme Court
The May No. of PursAH's MONTHLY con-
tains scorching review of the late decision
of the Supreme Court in the Dred Scott case.
,fhe writer does not touch OF. the legal naer-
it's of tn. d-cfsfon, but takes Judge TAsEY
to task tor his Justification of the truth OF
History We subjoin few extracts:
Eve have read the opinions of this court,
as published, with all the care which the
importance of the matter involved exacts,
and we feel bound to declare them among
the feeblest defenses of an unrighteous act
thatit has ever been our lot to efrounsers
The controlling opinion, In particular, de-
livered by Chief Justice Taney, is weak and
disingenious beyond all precedent; and it
may be said of the author of it, that, while
he has seldom had the felicity to distinguish
himself by the wisdom or ability of his
judgments, he has certainly. by this last
effort, earned the unenviable eminence OF
having uttered the most untenable doctrine
which ever emanated, on so grave ques-
ton, from his tribunal.
''In regard to the legal merits of this de-
cision, however, we do not propose to speak:
that branch of the subject has been already
amply discussed in the journals, and, with
out them, had been set at rest, we think, in
the exhaustive and annihilating opinion of
Judge Curtis With a profound knowledge
of the law, which might be expected in one
of his position, and familiarity with histo-
~, in which he seems to have the advan-
tage of most of his colleagues, he has COM
pletely overturned the few and f1imsy pre-
lenses wherewith they sought to commend
their erroneous assumption of power, and
their fundamental perversion of principle
As much might be said of the opinion of
Judge Mclean, and both those upright mag
istrates-men who have ever been known
for tEeir strong conservative tendencies
who have had no novelties to introduce in
TO jurisprudence, and no outside relations to
warp their independence, and who, in resist
ing the departure of the other judges from
the ancient ways, have only acted in perfect
conformity with their settled characters
deserve the warmest thanks of every mem
Der of the community-of every class and
every party. To their expositions of the
law, therefore, we are willing to leave the
decision of the question in the public mind.
But it happens that the opinion of Chief
Justice Taney does not rest so much upon
any Interpretation of the law as it does upon
construction of the facts of history; and
as, IN that department, every student may
be supposed to be as competent to Judge as
he is, we propose to examine the extent of
his knowledge, and the accuracy of his
Judgment, in respect to it. Before doing
so, however, let US stop for moment to re-
mark upon the very whimsical notion which
is put forth by the adherents of the govern
ment to curb or intimidate free inquiry, to
the effect that the decisions of the Supreme
Court are not objects of legitimate criticism.
If we might believe them, there is some
thing so sacred In the character of this tri-
bunal, or so infallible and conclusive In its
utterances, that every attempt to show their
impertinency, Or their error, is species of
crime scarcely less periious than erinaen ma
jestatis under the Caesars, or less sacrile-
geous than open resistance to decree of
the pope. Although the very bench which
renders the decision has found its severest
condemnation In the recorded opinions of
some of its own members, altht ugh it has
ever been the custom of our most distin-
guished men, Jefferson, Jackson, Justice |
Story, Chancellor Kent, to canvass Its ac-
'tion with the utmost freedom, and some
times with avowed contempt, although the
most essential principle of our political struc
ture is the responsibility of all functiona-
rles to public sentiment, we are yet told
that the judgments of the Supreme Court
are not to be touched. The decree has |
gone forth, exclaim these reasoners, and for
ever after let the world hold its tongue!-I
The irrevocable, irreversible, fatal vermil- |
lion-ediet is published, and let all gainsayers
bewarei
Now, such an assumption may be adap-
ted to the latitude of China, or may not be |
out of place under the unconditional rule of /
the Gar, but is surely something new in |
this republic, which long since abjured all |
human pretensions to the divine preroea-
tives- Our theory of government has been,
that there is nothing final in civil affairs but
truth and justiee-that institutions are not
an authority over the people, but the minis
ters and servants of the people: and while
this theory lasts, it cannot be allowed to any
body OF individuals to usurp the supreme
and irresistible control of their minds.
PRAY, on what ground of reason or good
sense Is it Inferred, that, because the judg-
ments of the Supreme Court are final in the
judicial sphere, they are also final In the
political and moral sphere? Have we, in
erecting that tribunal, as mere convent
eAee or necessity, if so be. of Jurisprudence,
Created it, at the same time an imperial or
gan Of despotism? Have we, who, for
three hsntred years have canonized Mar
IN Luther for denying the supremacy of
the Romish court in matters of religion,
raised papist, cal consistory among our
selves, which Is no less supreme in all civ
Il matters? Have we, who are never weary
OF glorifying John ftampden for refusing to
confess the decision of the Twelve Judges
ol the Exeheqper in the little matter of
snip P-money-abont twenty shillings-con-
ierred upon our Judges. net merely all their