Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-03-13
THE ORGANS OF THE BIIToNS.'

II rom tue new tOIh EVeHi . 1 oS-I u iS'h' P"Fo'
THE SUPREME COURT or TIE UNITED STATES.
The dangers apprehendei from the organic tendrn
cies Of the Supreme Court To .u.ro. III" legislative
| power III the federal government, which Jefferson
iorcsaw and ~ often warned his couniry;n"n against,
are TO LONGER imaginary. They are upon us. The
i-cisiop rendered by that DO iy yesterday, ~ the case
If q negro who had appealed 10 It tor assistance III
asserting his right 10 share toe promises oil The De-
cIara!iun Of Independence, has struck at the very
roots OF the past legislative policy OF this country IN
reference to slavery. IL has changed the very bnod
Of the Constitutions, from which We derive GU! poiiii.
cal existence, and has given tu our government q d.
rection and p purpose as novel a. X Is bh'barouS aud
Illuminating.
In the frs, place, il has anaihilatsd, 81 q single blow,
,he cirizaushiu Of the ontir. cO!ored population Of the
cu,Iptry. md with i, all lava and constitutional pro.
vision OF the different Stats !Dr The protection OF
those rights.
In the next place, il has stripped Congress OF a
kpoger 10 exclude slavery from tbs ;"!r!:nric., which
| has been exercised by 1Ya-y President -. the United
States from Washington downto Fillmore and which
has had IN effec: in shaping tbs political and domes
tic institutions of more thar halt the territory Of tie
United States. The ordnance Of 1851, with the pas
sarn or defence OF which the Names OF tho most eIHi
nett American statesmen have been irnperishnbly
,sso...,ri, is MT only pronounced unconstiiutional,
BIZ. ;io power ia rnac, any ia% which ~coHtemp!ltes
restriction upon tbs right 80 buy, hold and sell
saves iu our territories i distinctly denied.
Nor is this all. '1ha doctrine which has been re.
coynizei wherever the common inw prevaii,, since
the days OF Lord Mansfield. 'hft when a slave is taksn
hy ns master into the jurisdiction ot u STATE which
p]roiiei., slavery, he is iron !iIg; moment Tree. is not
only Sc, inside. but the pow: il d. MED 10 me Sta:es ut
this Union 70 prohibit rrar'ers bringing slaves within
| heir jurisdiction, provided they du unt enter IL with
The im;eatiou Of establishing d pernan-ut residence
there.
All Of these positions are neY in The juridical histo.
nv of the COUNTY, the !cw in refr-anct 20 I'll of them
was settled by a long iin- OF Judicial decisions by the
highest tribunals y; ,hs severa: States, aud until with
II. the last twelve years was regarded "a MUCH beyond
tn. reach OF controversy a. the right of tn. people Of
tho United States 10 n republican form OF government.
il prrcedeu, usage. pubic avqaje-c1nce could halluw
! any doctrines uf oomsiiturioIa! interpretation, then
we're thcsa doctrines hl!irw,d winch have besu ruth
ies-ly subverted by the Supreme Court.
II is with feelings al more than ordinary solemnity
that We record this decision. T.: Us cons Offences are
beyond The leach of human calculations. We are not
50 much concerned az the invasion Of the laws aud
constitution of the country, boih OF which il accom-
o.ishes-for the An:ericnn people, we have no doubt,
will take care Of their rights in spite Of The Supreme
Court-as We are, in being forced 10 ih- melancholy
conviction that tie moral authority and consequent
Usefulness al that tribunal, mud=r It, present orsauiza
ion, is seriously IMPAIRED, it not destroyed.
The time which is chosen for this %juridical revo!u-
iion-just after the adjournment! Of that department
Of the government, most injured by the decision, and
at the commencement, nf II lew naturalization, when
all tho patronage Of the nation can be USED To The
ies, advantage in reccnciiipg the people to itsf =
,rines-shows, when teken in connection With :
doctrines tntn1~-lVss, ana Inc Cpiei u II
court, that Il majority # il. members have consented
10 become parties In u combination with III: admins.
;ra'ion to transfer the political control Of this govern
nent 10 the hand. Of The slave oi.archy, beyond the
possibility of n recovery by the free States OF their
fair share Of influence.
SO long lis the subject vas within the range Of
Congressional action, so long the voice Of the people
coald be heard, and their wishes could impress the
Legislation of the country. To get the subject beyond
the reach If these iniiIences; To make every judicial
tribuaai in the nation ami every lawyer q sworn ally
of slavery propagandisin, IL was only necessary TO
secure tie Co operation of the Supreme Court, and
that hes been done. a conspiracy ms been entered
Into of the Inost reasonable character; the justices
Of the Supreme Court and the leading members o!
the new administration ere parties 10 It.. One VINO
rams may read The evidence uf il in evcry revelation
from the capital.
OF course The moment ihia conviction takes pos
session Of the public mind. ths-e is an end OF the
Supreme Court; for n judicial tribunal. which is not
rooted III til. confidence of the people, will soon
either be disre gardei II. Al authority or overturned.
Which of tlIes- fs:es - IL Store for the court At
Washington, we 40 not care nov TO speculate about
perhaps Doth: one thins, however, is PERFECTLY GER
tain-that il ancient end proper authority with the
people and ";.h Congress is gone beyond recovery.
The last objection 10 The election Of the judges Of
this court by the people is n1s removed. It's mem
hers have long borne but an indifferent reputation
for learning ani ability, but i, hns Geeu usual 10 con.
ceda 10 them Independence AID insensibi!iiy TO the
political Influences which svayed the other branches
OF the government. /, nav appears tba, they are
but a branch CT tie Executive, and Ike the famous
Its e Justice OF France b fore the revolution, mere.
iy assist ia lending a judicial sanction 10 the policy
dictated by the Executive ur his advisers from the
oihrr end OF the capital. Such al alliance will no,
ha rar,p,tt..6 "a mimi