Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1857-03-25
authority, and SO he himself shall treat il.

riched witt all stores of legal learning, who
has hitherto been classed among those ultra
conservatives who lean wholly to the South,
comedies with Judge Mclean, both as to the
conclusion that the judgment Of the Court on
those points lacks authority, and also as to the
grounds of this conclusion. He says, esI do
NOT consider any opinion Of this Court any
Court binding, tOhen oppressed on question not
legitimately before IL. dissent, therefore, from
| that part of the opinion of the majority Of the
Court, in which it holds that person of Afri-
can descent cannot be citizen of the United
| States; and | regret 1 must go further, and
| dissent from what deem their assumption of
authority, to examine the constitutionality of
the act of Congress, commonly called the Mis-
| souf compromise act, and the grounds and
conclusion announced in their opinion. On
| so grave subject as this, feel obliged to say
| that, in my opinion, such exerton of judi
| cial power transcendS the limits Of the author
ity of the Court, described By IL, repeated de-
cisions, and acknowled in this opinion OF the
majority of the Court Judge Curtis does
not consider any opinion of court as bind
| ing, when expressed on question not legiti-
mately before it; and he afIirms that the Sn-
| preme Court, according to his own repeated
decisions, has transcended the limits of its
authority in so exercising its judicial power.
| We doubt not that his view exactly tallies
with that Of the great body of our citizens who
are not versed in the peculiar lore, and langu-
age, and mysteries of the courts of law, but
| who are intelligent, educated, and endowed
with common sense. It stands to reason that
court should not pronounce upon a case that
is not actually before it for decision. Other
wise it can settle all disputed questions over
the whole land, whether brought to its bar or
not. 1t can put to rest every political topic Of
| the day, SO as to tie the hands and tongues Of
| tie whole nation. An administration would
| find such court (if the court had the same
| political bias with itself very convenient
instrument for its purposes-one which would
have admirably suited Charles the First or a
James the Second. But this puts all our inter-
ests, life and liberty included into the hands
| OF an unrestricted Judiciary. Every one sees
| that the Court has ample, yea, fearful author
| ity, even when confined to its legitimate bus
| mess of deciding upon cases that are brought
to its bar. And when, as in the present in
stance, it has given its judicial opinion
| yond the bounds of its jurisdictions it is out
| on the public arena, where it's opinions are no
more than those of private men, not so weigh
| ty indeed the opinions of the Attorney Gen
eral, who is the law adviser of the government.
| So Judge Curtis and Judge Mclean have de-
| cided.
| But how is the matter to be tested The
| present Congress or the next Congress may
| try the validity of this decision. The differ
ent departments of the general government
have a self-defensive right, which justifies each
of them in examining and repelling aggres-
sions upon its own prerogatives and bounds
| Congress has always exercised the power
which is now for the first time denied to it by
the court. And certainly if the court has
| transacted the limits of its authority in the
manner and from of its decision, the Cong ress
| of the nation will find a method to set their
| illegitimate opinion aside we do not say the
| present, but some future Congress which the
| people will elect in reference to the momen
tous issues involved in these questions upon
! which the court assumed to pronounce. But,
| If those questions-thc right of the slave-hod-
er to take slavery with him into any territory
mentioned-should hereafter be legitimately
brought before the Court, and decided in the
same way-what then could be done? Per-
haps we might answer: sufficient unto the day
| is the evil thereof. Congress will know how
to discharge its own duties when the emergen-
cy comes. BHt the people are the fountain of
power. They can change the character of the
judicial department. They amend the e.
normous inequality of southern representation
in it. They can choose a national admnistra-
tion aud u natioual legislature OF political
complexion wholly different from that which is
now in the ascendancy. They can thus ulti-
mately change the judiciary itself. We may
be well assured that the mass of the people will
not sumber over the questions of such un-
speakabe import, involving in their appre-
tensions not only the liberties and destinies
Of this great republic, but also the onward
march of the entire human race in the career
of moral and mental, as well as material i'm
provement-a noble march in which we have
hitherto boasted ourselves to be in the van,
leaders and exemplars, but in which we are
now ordered to retrace our steps ana set our
faces toward the darkness of the middle ages.
ssCbaos is come again. But out of chaos,
light, order, beauty and lasting peace may
arise.
nEThree hundred thousand persons in
France are engaged in mining, and their oper-
atious show an annual value of ssO,O00,OOo.