The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-03-28
The Supreme Court ArraiGned by the
Free Press OF the Nation.

/ Free Press OF the Nation.
For the first time in the history of oul
nations existence, the ultra sectional poll
tics of the South has achieved bold and de-
cided triumph in the Supreme Court of the
United States, by the decision of the Dred
Scott Case That such a decision would
arouse among men of the North who respect
the principles of Magma Charte; Of, the
De -laration of Independence and the Organic
Law Of the nation, a determination to resist
the tyranny of the Slave Oligarchy more
deeply seated and effective than any that has
heretofore been called forth, we were certain
and so intimated few days since.
The Press or the North-all that portion
of it at least which is not controlled by the
hirelings of the Slave Power-comes up to
us with loud and unanimous voice in de.
nunciation of the dictum of the Slava State
Judges and their Northern doughface sat
elites who sit with them on TIE bench, and
whom they own. We copy to-day the fol-
lowing from one of the leading Independent
journals of the North West, and will from
time to time continue to publish articles of
this character from other sources. ''-
THE SUPREME: COURT OF THE U. s. IN THEORY
AND FACT.
(From the Chicago Democratic Press.)
The.main points embraced in the late de-
csion of the Supreme Court in the Dred
Scott case, delivered through Chief Justice
Taney, have been for some days before our
readers, and now brief reference to the pol
itical bearings of that most extraordinary de-
cision seems to be in order. 5'f'--
We shall not recapitulate the points mad e
by the Justices in their technical Or
der. The material facts to be considered.
are, first, that in remanding Dred Scott and
his family to slavery, the decision of the
courts of the country ever since it had an
existence, even those of the Slave States are
reversed; and, secondly, that the power of
Congress over slavery in the Territories,
which had been exercised without question
up to the time of the Missouri Compromise
is declared never to have had an existence. In
other words that Slavery is national insti-
tuition, and may lawfully exist, not only in
any, "llof the Territories of the United
States ba! temporarily in all the Free States
subject to no interference by Congress or of
the States. An entirely new principle has
been introduced into our national jurispru-
dence, the like Of which is not to be found
embodied in that of any other civilized ma
ton. Slavery, which all our courts have uni
lormly decided to be local institution, de-
pending solely upon municipal laws for its
support, is declered to be subject to no re-
striction but the Constitution, and that in :
s-rument carries it triumphantly into every
part of the Republic. The decision of the
Supreme Court aims fatal blow at the in
herent sovereignty Of the Free State, by ex-
tending the jurisdiction of the Slave States
over them in the vital matter of personal
freedom. Let it be carried out to the full
extent Of its meaning, and there will no long
er be any Free States, for the right Of south
ern masters to bring their slaves into them
temporarily will be equivalent to the perrDa-
nent establishment of servitude on their soil.
This astounding decision naturally sug-
gests comparison between the theory and
the practice of the Supreme Court in its re-
lations to the general government No one
will question that this tribunal was intended
to be great balance-wheel of the govern
|
its immediate sphere Of action as to be ex-
expositor of the clearly recognized provi-
sions of the constitution as understood by
its trainers, and of those maxims of justice
which, by commencing themselves to the
best reason of the great jurists and legisla
tors of the civilized world, have obtained
universal recognition. 1t was further intend
cd to be check upon crude and hasty legis-
lation, but not to Iun contrary to the will of
the people or the genius of free institutions.
| 1t is not to be denied that in many impor-
tant respects its functions have been execut-
ed in conformity with the design Of its crea-
ton ; but during the last twenty years it has
been gradually falling under the influence of
the Slave Power, until at last its chief office
has been to do its bidding. Instead of
standing as the final arbiter between the
several powers of the government, it has
sunk below the condition of a coordinate
branch, and become a mere instrument in
the hands of the Executive and the Senate
to confirm any doubtful act for which they
may need the apology of judicial sanction.
i The Supreme Judges depend upon the Pre-
sident for nomination, and upon the Senate
for confirmation of their appointment, and
it has so happened that a majority Of them
have always been shareholders or tools of the
Slave Power. Such is the case now. There
are but two dissentients in the -,Dred Scott
case-Judge Mclean, of Cincinnati and
Judge Curtis of Boston-and the latter dis
sents but family. -, -. -, :, w. - -.
Of late years, TO one, could obtain seat
upon the Supreme Bench whose antecedents
were at all doubtful on the subject of sla-
very. In 1914, Chancellor, 'Walworth, Of
| New York, was nominated to succeed Judge
Smith Thompson, and his nomination re-
mained unacted upon for eight, months, be-
cause he had uttered an unguarded word in
favor of the common law presumption of Q
mans freedom in free State. Judge Mel
son, about whose soundness there was nc
doubt, was then nominated and at once con
| frmed. So too, in Pennsylvania, Judge
| Woodward and VIM. B. Reed were rejected
or withdrawn, and then Judge Grier was ap
pointed to do the work of slavery. 80 .s.'s
The conclusion to which we are led from
a consideration of these facts is, that it ha:
become the imperative duty of the people t.
hrinp hack tha Snnreyno Courf RI tho crho q ~