Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-03-20
From the N. Y Evening Post, Fremont paper
SGrhe Groana of the Rrffons,,


From the N. Y. Evening Post, Fremont paper.
SsThe Groans of the Brifons."
THE SUPREME COURE OF THE UNITED STATES
The dangers apprehended from the organic tenden-
cies of the Supreme Court to engross the legislative
power of the federal government, which Jefferson
foresaw and so often warned his countryman against
are no longer imaginary. They are upon u.s. The
decision rendered by that body yesterday the case
of negro who had appealed to it for assistance in
serng his right to share the promises of the Decla
ration of Independence has struck at the very roots
OF The past legislative policy of this country in re-
terence to slavery. 1t has changed the very blood
Of the Constitution, from which we derive our politi,
cal existence, and has given 10 our government di
recton and purpose as novel it is barbarous and
humating.
In the first place, it has annibilaed: at single
DOW the citizenship of the entire coored population
OF the country, and with it all laws and constitution,
al provision of the different States for the protection
OF those rights
In the next place, it has stripped Congress of a
power to exclude slavery from the territories, which
has been exercised by every Presider of the United
States from Washing ton down to Fillmore: and which
has had an effect in shaping the political and domes-
TIC institutions of than half the territory of the
United States The ordinance Of 1897 with the pas
sage or defence of which the names of the most en-
lnent American statesmen have been mperiehaby
associated, is not only pronounced unconstitutional
but the power to enact any law which contempates
restriction upon lbe right to buy, hold and sell
slaves in our territories is distinctly denied.
Nor is this all. The doctrine which has been re-
cognized wherever the common law prevails, since
the days of Lord Mansfield, that when slave is
taken by his master into the Jurisdiction of State
which prohibits slavery he is from that moment tree,
is not only set asde but the power is denied 10 the
States of this Union to prohibit masters bringing
slaves within their jurisdiction, provided they do not
enter it with the intention of establishing perma.
nent residence there.
| If ~ ~ 1;,>lb ~
tory of the country the law in reference to all of
them was settled by long line OF judicial decisions
by the highest tribunals OF the several States and
until within the last twelve years was regarded as
much beyond the reach of controversy as the right
of the people of the United States to a republican
form of government. If precedent, usage, public
quiescence could halow any doctrines. of constitu-
tonal interpretation then those doctrines hal
lowed which have been ruthlessly subverted by the
| Supreme Court.
1t is with feelings OR more than ordinary soemnty
that we record this decision, for s consequences
beyond the reach of human calculation. We are not
SO much concerned at the invasion of the laws and
constitution of the country, both of which it
| plishes-tor 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
usefulness OF that tribunal under its present organ
zation, is seriously impaired if not destroyed
The time which is chosen for this jurldical revo-
lution-jus after the ad journment of that department
of the government most in ured by the decsion and
at the commencement of administration, when
all the patronage of the nation be used to the
best advantage in recOncilng the people to its doc
| trnes-shOWs, when taken in connection with the
doctrines themselves. and the constitution of the court
that ma orty of its members have consented to
! become parties to combination with the admniS-
traOn to transfer the political control of this gov.
eminent TO the hands of the slave ogarchy, beyond
! the possibility OF recovery by the free States of
their fair share of influence.
| So long as the subject was within the range of
Congressional action long the voice of the people
could be heard, and their wishes could impress the
legislation OF the country. To get the subject be-
| yond the reach of these influences to make every
judicial tribunal in the nation and every lawyer a
sworn ally of slavery propagandism, it was only
necessary to secure the cooperation of the Supreme
Court, and that has been done. A conspiracy has
been entered into of the reasonable character
the justices of the Supreme Court and the leading
members of the new administration are parties TO it.,
! One who runs may read the evidence of it in every
revelation from the capital.
Of course the moment this conviction takes pos
session of the public mind, there is end Of the
Supreme Court; for judicial tribunal, which is not
rooted in the confidence of the people, will soon
either be disregarded as authority or overturned.
hich OF these fates is in store for the court at
Washington, We do not care now 10 speculate about
| pc fhaps both one thing, however. is perfectly
certan-that its ancient and proper authority with
the people and with Congress is gone beyond recov
cry. The last objection to the election of the judges
of this court by the people is now removed. Its mem
bers have long horne but Indifferent reputation for
learning and ability, but it has been usual to concede
to them independence and insensbiity to the politi
| cal influences which swayed the other branches Of
the government. 1t appears that they are but
branch of the Executive, and like the famous Lits
de Justice OF France before the revolutions, merely
assist in lending judicial sanction TO the policy die
taed by the Executive or his advivers from the other
end of the capital. Such alliance will not be per
mitted to continue
Treat between England France.