Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-03-27
Supreme Court Of the United states.

The dangers apprepended for the organic
tendencies of the Supreme Court to engross
the legislative power Of the federal govern
ment which Jefferson foresaw and so often
warned his countrymen against, are no longer
imaginary They are upon u.s. The decision
rendered by that body yesterday, in the
case of Missouri negro who had appealed
to it for assistance in asserting his right to
share the promises of the Declaration of In
dependence, has struck the very roots of the
past legislative policy of this country in ref
erence to slavery. 1t has changed the very
blood of the constitution, from which we de-
rive our political existence, and has given
to our government direction and pur-
pose as novel as it is barbarous and humili-
ating.
In the first place, it has annihilated at a
single blow, the citizenships of the entire
colored population of the country, and with
it all laws and constitutional protection of
those.
In the next place, it has stripped Con-
gress of power to exclude slavery from the
territories, which has been exercised by
every President of the United States from
Washington down to Fillmore and which
has had an effect in shaping the political
and domestic institutions of moro than half
the territory of the United States. The
ordinance of 1887, with the passage or de-
fence of which the names of the most emin-
ent American statesman have been imper-
ishably associated is not only pronounced
unconstitutional, but the power to enact any
laws which contcmplates restriction upon
the right to buy, hold and sell slaves in our
territories is certainly distinctly denied.
Nor is this all. The doctrine which has
been recognized wherever the common law
prevails since the days of Lord Mansfield.
that when slave is taken by his master in
to the jurisdiction of a State which prohibits
slavery, he is from that moment free, is not
only set aside, but the power is denied to
the States of this Union to prohibit masters
bringing slaves within their jurisdiction, pro-
yided they do not enter it with the inten-
ton of establishing permanent residence
there.
All of these positions are new in the iu-
dicial history of the country; the law in ref
erence to all of them was settled by long
line of Judicial decisions by the highest tr-
bunals of the several States, and until with
in the last twelve years was regarded as
much beyond the reach of controversy as
the right of the people of the United States
to form republican form of government.
If precedent, usage, or public acquiescepce
could hallow any doctrines of constitutional |
Interpretation, then were these doctrines
hallowed which have been ruthlessly sub
verted by the Supreme Court .
1t is with feelings of moro than ordinary
solemnity that VIC record this decision, for |
its consequences are beyond the reach of
human calculation. We are not so much |
concerned at the invasion of the laws and
constitution of the country, both (which it
accomplshes-for the American people, we
have no doubt, will take care of their rights
in spite Of the Supreme Court-as we are
in being forced to the melancholy conviction
that the moral authority and consequent
usefulnes of that tribunal, under its present
organization, is seriously impaired, if not
destroyed.-N T. Eoeaiag Post.