The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-03-23
- T1reNtv 81 the Decision The Raghts 9

ehis Instance "a in all othcrs, Il the Law OF
- land. What il has decilea must stand,
Ill the arxuments and remonstrances in the
vuld to The contrary nots outstanding. IT
ve thought re could pessuade the Judges
! 40 sevesss their decision. we would gladly
prosecute the endeaver, but we see no tpe.
cal sroana to hope fcr such result.
Some Of our correspondents appeal from
the cours to the peepie--denomace lite char
meter, repudis,e its authority, aud strive 10
arouse popular hostility assinsi the sapsem-
90. assiensd Is il hv the Constitution. We
cannot second these endeAyors, ter We deem
tham rnsound and uasafe. They point 70
one of swo Alter natiyes--suliitoatiou, or .
scAe.sc in the Consultation. The fret y
treasonable, md the last 10 Qaixstie.
- IN Y. Twas.
This is The epiaioa oil the Times. u
sounds plausIsle. ut viii No, bear insessi.
! sa.ioh. WssAo no, suppose i, is the eeisrs
q shose who most stroneH coademns u
decisisa OF the Supreme Court, to srouse
puhlic Indignation against il. Tse decision
itself had only 10 become knownio accom-
leh this work. Those who are nov de-
nouncing the decision. are speaking - free
men upon subject mos. senaiuveiy
touching the rights Of freemea. They have
not only the right 70 60 this, bot we main
tain the pcsNfon. that it is r,ski in VI to do
N, honestty believing a. We. d. the decision
A outrage upon the people and the inter-
ests Of the North, OF questionable legality,
asa ct mcst unquesiionable injustice. We
do not urge uFon the people, i this decis-
ION ie law of the land, to rebel against il.
We shall never eounsenance disobedience
to the law. although We recognize no power
preventing Us as tree ciuzeas from fully
discussie g The merits Of any law. and il We
see tit, from endeayoring to secure its abro-
CATION. But because this s a decision o.
The Supreme Court, it does mol follow that
i, 10 irreversible. We are aware that the
Sspreme Court affirmed the Constitutional
validity Of the Alien and Sedition acts, yet,
the people unnullcd those acts, and paid
back the penalties imposed and exsctsd un-
der them b. the Federal Judiciary. The
Court pronounced Bank Of the United
States perfectly constitutional. vet the peo-
pie ultimately made contrary decisions
. which prevailed over the Courts. So in
other cases, aud so it msy be and doubtless
will be again. One thing Is certain, this
decision can never be reversed if the peo-
pie serile,y how to it, and do not speak
out, and in thunder tones, their dissatisfac-
ton. aaa
But lie, Us investigate The question OF how
far he decision Of Judge Tsnsy on the
several parts Of the sabjec, after that Upon
ci'iEenshff, should be REGARDED as !au.-
Upon whs, constitutes citizenship, and upon
nothing Rise, the Supreme Cour, was called
By the case before il 10 give deeision.-
Now hear Jadge Curtis on this question
We extract rom his published decision:
Il do not consider il to ba within the
scope Or The Judicial power Of The msjority
VI the court 10 pass uPsn aRs question re.
speciins the piaipufss citizsnship in Ms
sunYi, save that raised By the piea to The
jurisdiction, and do no. cons der asy opision
Of tbn Court or N, Court bindfa9 eksn er-
pressed on question: no; ls9s.imatsts before 1t.
carroll vs.. Carroll 10 Hoo, 275) The
judgment OF this Cour, is, thst the case
il 70 be dismissed for want Of jurisdiction.
Into fhst Judgment, according To the settled
course Of this Court, nothing appearing az
ter plea to merits can enter. A great
question Of Constitutional law, deeply az |
feeting the peace and welfare Of the coun-
try.is Dot il ny opinion, a 1T subject to be
thus reached ~
Now hear Judge Mclean, aho most en-
pksticslly refuses to abide by he decision
of Judge fancy in certain ST tts parts:
en- this case aas,ori,y o. the Cour, have
said that sisve may be tskea By bis mas
ter into g territory Of the unsted States the |
same IS horse OF any o,tfr kind of prop |
erty. IL is true tits iois sad by the Court, |
as also many other things y Itch are OF 10 |
AUTHORITY. Nothing thai has been said BY /
them that has no; direct bearing upon the /
JURISDICTION OF The Cour sgaiBst which |
they decided, csa b. Considered as aathoh-
~. ] shall certainly not regard il as such.
The question Of JHrisd,c.ioa being before
The Court, was decided By thefn authoriia.
lively, but nothing beyond tia, question.
is it possible that men 80 " ell acquainted
with The iaw,hs lsiare oI Jusie'sl decisions |
the respect which shord be pai4 them and
the duty of good citizens in tae premises,
can before their fellOs-eiti, ans, with the
close eye Of the people upon them, and
-ihsir own high regulations at stake, be
guilty Of treason Yet se aho object to
the decision Of the majority Of the Supreme
Court, snd utter an ind giant protest
ssgaiassis, without refusing to obey il it b
the law, are accused 81 ;ra,-en We do
appeal from the Court 10 the People. We
10 dsneunee the decision. Yet we deny
the assertion OF the Times that we are en-
gagged IN either IRRESPONSIBLE Or Quixotie ac-
ton. We have high authority for believing
taat in the case before ii The Supreme
Court had no rieas TO give the sweeping
decision il has done, on questions outside
sf the case. We have su,nority for doubt |
ing their jurisdiction, and even for refusing,
whether we do 80 or mol, 70 ober its entire |
decision. But aside from tbs authority |
We have the right o. freeman, Of citizens
Of Republic every member Of which 10.
free speech as his right, u protest against
. deciion which makes slavery national;
which admits il as . legal Institution into |
free territory and free States; which strikes
the heaviest blow at freedom under which |
i ever lrembled iu this eong Try; which was
given mo- only regardless 81 tine interests
Of the North. cut y defsnc Of them; and
against which every Horlhera man, no mat
tsf TO wbst party he belong shouid refuse
the servile submissi0a Of hs word. and |
spirit, even though he may INK IL treason
10 sci 10 de6snee.
usv Hsupaairs T. nor,
Last year the Republicor i,sd . majority
Of eiGh,y-eght only, on e5vernor; new
they have three thousaad- lite respect.
able gsin. That old Dem ratio State i.