Bedford inquirer and chronicle. [volume] (Bedford, Pa.) 1854-1857, 1857-05-15
VOL. 30, No. 20.

, laws and State constitutions, aud that the
attempt TO do all these things has been made.
in a cas-; IN 'zaich tae Court IN fact, and
BY ITS own admission, had no jurridieiion.
The first question raised in the case was one
of jurisdiction, and this tie Court decided
against the plaintiff, and having SO decided,
there was legally DO case, ard no parties be-
fore them, and all subsequent opinions and
declarations on other questions are, BY all
recognized rules, extra Judicial, corum non
judics. inopei a,ige and void.
| The sonuiness cf this principle has never
been heretofore questioned. Justice M'Lean
Ia bis dissenting opinion in this very case
says, "ln this case m'joriiy Of the Court
have said that slave nay be taken BY his
master into a territory of the United States,
the same as horse or any other kind Of
property 1t is true this was said Ly the
Court, as also many ataer things, which are
OF no authority Nothing that has been
said by them which has not direct bearing
on the jurisdiction Of the Court, aga;ns,
which they decided, can be considered 20
authority. shall certainly not regard !.
as suet. The question Of Jurisdiction be-
ing bgfore the Court vas decided by tben,
authoritatively, but nothing beyond tina,
question"
4
Judge Curtis is equally emphatic on this
point. lie says: / regret must 20 further,
and dissent from what deem their assump-
ton Of authority to examine the ccrstitu-
tionality of tie act Of Congress commonly
called the Missouri Compromise act, aud the
grounds md conclusions announced IN tLeir
opinion. On SO grave subject as this,
feel obliged 10 say. that. in nly opinion,
such an erercise Of iatsdieist po,cer trarseel.ds
tae hm'ts Of The authority of the co9rf, as
described By its repeated decisions, and as
acknowledged in Iris epiaioa Of IL. Court.
do not CONSIDER Gny opiaiol Of fhis Court,
or any Court, binding Uten expressed on
a question not legitimately before it,
(Caro!i rs. Carroll l6, Howards' Req.
2I5-) The judgment Of this Court is, tha,
/ the case is to be dismissed for wa-t Of inris-
diction. Inio that Judgment according to
the ser'ied course Of this Court, nothing
appearing after plea TO the merits can enter.
A great question of constitutional Law.
deeply Affecting the peace and welfare OF
the country, is not, ir my oplnioa, ct sub
leet to be thus reached"
II takes two parties to make suit, and
to give jurisdiction, and The Judges admit
this; aud if they have tee right 10 preferdsd
case which has but enc party to it, to proceed,
and by quasi Official mandate to nullify
constitutions and laws, then may they also
do the same thing without any pretence of
q case, and where there is neither plain
til nor defendant
la the opinion Of your cammirtae, ga lie,
cent respect for the opinions Of mankinGa
required that the mous.rous doctrines pro-
nul gated in this Dred Scott case Should have
originated in a case which had two parties
to it, or at least 10 one in which th4 Judges
did not admit they had no jurisd;ctiou.-
By thus travelling out of the leeord, and
attempting by o5ffer dicfd, and judicial ia.
TO oveFturH ihe Constitution aud laws. the
Couit voluntarily assumed legislative powers
and forfeited that respect with which its
decisions have ever heretofore been reyar-
ded. Ia the examination Of this dangerous
usurpation, your committee conld not but
call to mind and admire the prophetic WIS.,
dom of Thomas Jefferson who long SINCE
foresaw this tendency 20 consolidation, and
predicted these unwafraated encroachments
BY the federal Judiciary. His patriotic wri.
tings, and especially those after he had
retired from the Presidency are full of an
prehensions OF this subject; aud from iha
seventh volume o: his works we quote few
sentences expressive of bis views In
letter dated Monticello, August Is, 1921,
he says: SIT has long, however, been my
opinicn, and have never shrunk from is
expression, that the germ Of dissolution of
our federal government is in the constitution
of the federal judiciary, an irresponsible
body, tfor impeachment i scarcely scare
croxl working like gravity by nigh, and bs
day, gaining little to-day and little 10
morrow, aud advancing its noiselcss step
like thief, over the 6eld of jurisdiction,
until al shall be usarp@d from tie States,
and the government of all he consolidated
into one. If the States look with apathy 90
this silent descent of their governmea, INTO
the gulf which ~ to swallow all, we have
only to weep over the human character
formed uncomfortable but BY rod Of iron.
and the blasphemers of man, 40 incapable of
become bis true historians.'
In another letter dated the next year,
in speaking Of the federal judiciary, 10
says:
aWc alrcany see the power, installed for
lie, responsible to no authority, advancing