Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-04
Gbr 4aiIp Spp.
WEDNESDAY, MARCH 4, 1857
FaIIIbllI,y Of The Judiciary.


stand. on a full bench, seven to two McLean and
Curtis only dissenting j against the old Jefferson
ian doctrine. embodied in the ordinance of 81,
Of the mower Of Congress to inteIdict slavery in
the territories Of thesRepublic, This is the first
step. to be followed BY others, toward national
izing slavery in Kanzas. To such shameinlly
huln,liatins depth of degradation has the highest
judicial authority ia the nation become sunk,
blythe inf 6ehce Of that power which rules the
county, as with rod Of iron, thateven the cher
ished principles Of the fathers Of the Republic
are gtaysly pronounced suneousdtutionalT and
this, alter that same principle has been sanction
ed by every President and nearly every Congress,
from Washington to Fillmore. inclusive, and
never pretended to be denied till Franklin Pierce,
David r. Atchison, and Caleb Gushing, became
the recognized ex FOUNDERS Of Democratic faith.
So. according toithe doctrine laid down by the
chairman Of the Judiciary Committee in our own
State Senate this 'ssolemn" decision If the SUI
preme Judicial trbuualof the country must bind
the Judgment and con- cience of every jprymsnin
oil Massachasetts, who may be drawn to sit in
ous United States coarts,en case Ike that If
bred Scott. or any other, in which that principle
may be involved, directly or indirectly. For any
Of ms, there is no getting rid If such hum lat
ing position, unless we scout the whole theory so
Teceajly 5roached, here, Of the entire sacred
ess and ihfallibiHty of the Judiciary, and
throw ourteiyes at once upon the broad demo
cratic doctrine, advocated by ErskIne and Fox,
JEFF rson and Adams, and maintained by all pop
ular atesmen and jusistsi this and the mother
cnuntry, fjrtwn hundred years. Of the independ-
enae Of the jury, and their right and duty to de-
rhine tle l4w f,r themselves, il they SO elect,
on ailqaestipns involving the rights and liberties
of mankind.
So regard to the Supreme Courto of our own
Stsse, for whose recent decisions Senator Hosr
manitestdsuch aprofound regard and venera-
tioa ain his speech on his Jury Bill By the de-
eision Of that Court, affirming the consiitn-
ionatty Of the Infamous Fugitive Slave Law, if
we accept Mr.. Hoar's doctrine, we are all fst-
tered hand and foot and bound to the car Of
slavery and there is no possible escape from our
rendering daily aud willing obedience to its be-
hests. IN. case the question Of our obligations
should be carried to that court, before jury. a'
Had that court pronounced decision in ae-
cofdance with the weli-seitled convictions Of the
people Of Massachusetts, BY stamping the fugi-
tivzenactment, with its true character as utterly
opposed to the liberties of the people, and there
fore unconstitutional and of no effect. it might
then have been, more safs for the people to en-
trust their opinion If the law to its keeping.
Bnt such is not the case. It's decision was d.
recily the opposite, and there is possible mode
by which the people can retain yestige Of their
constituionalFghts,b but in reserving the right
;.e3,ys sl,,t
and Validity Of so infamously unconstitutional
an enactment as the fugitive law.
As said the Hon. Charles Allen, truly, in the
late Constitutional Convention, ailuding inciden-
tally'to the Fugitive Slave Law, in his remarks
on the Jury question Z law more unconstitu-
tionsl. mere deadly and vitalin its action upun
human liberty, could never have been framed
We quite, farther, from the admirable speech Of
Judge Allen lla h5HAa s Is III ,.,... Il
By one of its provisions, citizen of Massa-
chuseits is to be deprived the right of trial by
jury, here at home, where his witness es and eoun
sci can be obtained; and nat only here, bat ev-
erywhere, for u Is 10 vain tosay that he could eb
tainsthe benefits of that trial in South Carolina
where his counsel could not 60, and where his
witnesses, those of his own color, could be en-
shaved
But I will not go into ahis matter, but willonly
when that question came hefaTe the Supreme
Court of the URited STATES, and unresuained as
the court was by any decision given by the court
Of the BnIted States, il they had declared it
against the fundamental rights of the people and
unconst tltaonaiand void. That day would have
done homer 10 the judiciary Of Massachusetts,
and the page which con aimed the record OF such
dec1siou would have been the brightest in the
history of Massachusetts,. &, ~ ~, t+-F f
Slasl declare these views, and wish to put
them upon the recurd aud # I am not sa stained
by the opinion OF menaatouHd me, l ask the de-
cision OF p0sterity upon the words l now utter il
ever they, in lookingoyer the proceedings OF this
convention, shall Lake notice ef the opinion of
one % humble as myself
But the court did not do that. do not intend
to reprpaeh that court. I have a high respect Tor
1t. aud IN regard for the venerable Chief Justice
VINO has presi1ed over it, Tor neatly quarter Of
century, weld 70 no man: Yet certain .inhu
ences did bind and emit oil the caurf, and III that
ms anee, their decision, instead Dffeheeting hon
or, wiilFehect disgrace upon the history Of Mas,
: sachusetts. II win be in the history OF that
court blot ppin its fair pages. Not in that
case alone. but when yer the principles which the
declare {, be at the foundation Of our f anne of
government are infringed upeu--wheneEer the
rights which we reserve 10 tAe people are invaded
b. ahylaw. Il K, that in that case, a jury coming
from the people may be allowed 70 come il and
give tfteir judgment and rescue the people, ia
the fisme ot their declared rights from ali un.
CONSTITUTIONAL law, or fOm an unconstitutional
Interpretation If that law" n ,afgs 3 "a Isl
This puts thesm4.tsr in its. true light. when
we shall have Supreme Court in old Massachu-
sssts,.whieh win take the noble position Of that
Of Wisconsin. il will be full time 10 take into
consideration the sxpedieucy Of he jury pin.
ningsfheir faith upon The sleeve" Of the Judge
Before such . blessed contingency shall occur. ii
leasfl LEI the common people keep reserved to
themsssvssiths power and right Of judging Of the
constitutional nature OF all legislative enact
ments; 4 any rate, IS long as We have suspended
OverDnr hesdss uch enerailges IN United States
legislation as the Fugitive Slave Law, with the
whole force Of aheogsneral government in the
hands Of the slave power. to back it up.
The ststdse may enslsye and fine and imprison
for doing achissian and benevolent act. but as
long we have an independent jury to stand
between sand the unjust DEGREES Of uneonstitu-
tional legislation, the lberties OF the country will
be safe-bnt no longer. ~ Il. n s-a y, s,e.s.l
Is 81 ---~@----4----~--------.4 Fl asi sa
~ The Tmrsm BIZ Passed
The Conferences Committees d the Senate
and House agreed to tariff bin which was CON
curredin by all the members. We do not under,
stand what the precise provisions Of the new MI