The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-05-27
Che Dreo Geoit Case.
MINORITY REPORT
astG1- e. OF .-. .
ON. N.WlLLlAM II. WE L LSH,
IN THE SENATE OF Pa,

1Fk i 3N " ~ = - A. W - =
ION. WILLIAM II. WELSH,
~ in THE SENATE OF Pa,
From the Select COMMITTEES TO whieh ,vas referred
the Resolutions relative 10 The Decision Of The
Supreme Court Of the United States in the
DFed Scott case.
! The undersigned, members Of the select
committee 10 which was referred The resolu-
Rions relative TO the decision Of the Supreme
ICourt Of the Uulled States in the Dred Scott
case, not agreeing with the opinions and con.
clusions Of their three colleagues in the re-
port submitted by them, beg leave 10 present
their views in relation TO the question before
the committee.
Before touching upon the great principles
contained in the decision, the minority OF
your committee deem il both right and prop
er to advert 10 one or Two points which are
involyed.n The discussion of this subject
We cannot buLexpress our deep regret, that
a hostile attitude has been assumed towards
the recent action of the Supreme Court OF
,he United States. Whatever difference of
opision may exist in reference 10 that decis.
ion, it should receive the respect and sane
lion OF all abiding citizens, until the
came breath that gave il existence shall pro-
nounce its principles erroneous and IFS doc.
trines untenable. To 'repudiae" ito say
that 1t is sinoperalive as law'-and 10 pro
claim it's authors sdic,atorial. "iyrannical,"
and "unworlhy of confidence and respect"
cannot bui be regarded as startling PROPOSE
tons in The candid estimation Of all who
view that Court as the great conservative ele-
ment in our government, and the constitution
al protector of The rights and Liberties OF The
people. Such terms are, al least, Of question:
able propriety .sTher boldness is only equal
led by their ruer fallaciousness. Instead OF
attempting 10 weaken ihe influence of the ju-
dietary by assailng ii with hollow and un-
meaning defamation, we should endeavor
10 throw around il the broad and ample shield
of public confidence. While il is acknowl-
edged as one of the coordinate branches OF
our government, il must be considered su-
preme in the enuncialion Of law and sacred
in the assertion of authority. In The past its
binding force has been the oil which has
calmed the troubled waters and qnieled the
stormy sea OF fanalicism; and in the future,
# the hand of narrow seclonalism should be
raised TO break down the barriers erected 10
pro,ec, the Constitution, the inherent strength
con,aiced within that Court Of last resort,
will be found 10 be of sufficient power 10 re-
,ist and overcome all the assaults that may
be aimed al the common liberties Of more
than twenty-five millions Of tchih freenen.-
Viewing il in the light just indicated, we feel
called upon by an imperative sense OF duty,
most earnestly 10 deprecate all efforts 10
bring ils decisions into disrepute, or 10 rob il
of that potential sway which has hitherto
made il the true conservator OF our national
freedom.
The minority Of orr committee, also beg
leave 10 call in question the propriety of
State Legislature attempting 10 review The ac-
lion of the Supreme Court of the United
States. II must be patent to every one that
such course is entirely futile and without
any possible effect No practical results, or
positive benefit, can, in any way, accrue 10
the parties raising such an issue. The pow
ers of State Legislature and the functions
Of the United Siales judiciary are settled and
distinct in their nature. They can never rome
in conflict. Entirely Independent Of each
other, they have their separate ard determin.
ed sphere of operations. This Legislature
was not chosen by the people OF Pennsylva-
mia 10 engage in useless discussions upon
questions which, under il most extended
privileges, should never arise upon this floor.
They have no business here. This is not the
proper forum for their consideration, and rails
ing the question OF Jurisdiction" we conf
den,ly assert, iha, if the "opinions and dec
lara,ions" of the Supreme Court be, as Is al
legged, 'sextra judicial" in greater degree
is the action Of The majority Of The commit
tee, exta.leglslative. They propose no mea.
sure that can affect that couit-they assume
no authority 10 resist or oppose its decisions
they ask no legislation that would, in any
manner, cure the evils of which they so
loudly complain. While We cannot refuse
them the luxury Of lamenting over the de.
cision of that tribunal, we most emphatical-
" deny their right in legislative capacity
10 interfere with its action or TO controvert its
opinions. The greatest criminal in the land
may bewail his sentence, but 70 one will
pretend to say it is his prerosative 10 arraign
the Judge who condemned him. The reso-
lulions submitted by the majority must there
fore, be regarded as "void" and altogether
"inoperative as law" The Legislature oil
Pennsylvania may enact them, and every
day replace them on her statute books. The
voice of denunciaton may echo through her
halls and go ou, upon the wings Of the wind