Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-04-05


sign. an action which obscure negro man
in Missouri had brought for his freedom
against his reputed master. The Court had
arrived at the conclusion, on solemn argu-
ment, that insomuch as this unfortunate negro
had, through some ignorance or chicane in
special pleading, admitted what could have
been proved. that he had descended from some
African who had once been held in bondage,
that therefore he was not, in view Of the Con-
stitution, citizen of the United States, and
therefore could not implead the reputed mas
ter in the Federal courts and on this ground
the Supreme Court were prepared to dismiss
the action, for want of jurisdiction over the
sutor's person. This decision. certainly as
repugnant to the Declaration of Independence
and to the spirit of the Constitution, as to the
instincts of humanity. nevertheless would be
one which would exhaust all the power of the
tribunal, and exclud" consideration of all
other questions that had been raised upon the
record. The counsel who had appeared for
the negro had volunteered from motives of
charity, and, ignorant of course of the dis
position which was TO be made of the cause
had argued that his client had been freed
from Slavery by operation of the Missouri
prohibition of 1890. The opposing counsel,
paid by the defending stakeholder had insist
ed, in reply, that that famous statute was un-
constitutional. The mock debate bad been
basement of the Capitol, in the presence of
the curious visiters at the seat of Govern
ment, whom the dullness of a judicial investi-
CATION could not disgust. The Court did not
hesitate to please the incoming President by
Selling this extraneous and idle forensic dis
cussion. and converting it into an occasion
for pronouncing an opinion that the Missouri
prohibition was void, and that, by force Of the
Constitution. Slavery existed. with all the
elements Of property in man over man, in all
the Territories of the United States para
mount to any popular sovereignty within the
Territories and even to the authority of Con
gress itself.
In this ill-omened act the Supreme Court
forgot its own dignity, which had ALWAYS
been maintained with just judicial jealousy.
They forgot that the province of court is
simply gus dicere," and not at all gus dare"
They forgot. also, that one foul sentence
does more harm than many foul examples; for
the last do hut corrupt the stream, while the
former cOrrupteth the fountain" And they
and the President alike forgot that judicial
usurpaton is more odious and intolerable than
any other among the manifold practices of
tyranny.
The dav of Inauguration came-the first one
among all the celebrations of that great ma
tiOnal pageant that was to be desccrated by a
coalition between the Executive and Judicial
u
laturc and the liberties of the people. The
President. attended by the usual heightened
procession. arrived and took his seat on the
portico. The Supreme Court. attend d him
there, in robes which yet eXacted public re-
vorence. The people, unaware of the import
of the whisperings carried on between the Pre-
sident and the Chief Justice, and imbued with
vencration for both. filled the avenues and gar
dens far away as the eve could reach The
IA. in, T.
those which the worst of all the Roman En-
perors pronounced when he assumed the pur-
pie. He announced Vaguely, indeed, but with
self-satisfactiOn) the forthcoming extra iudc al
exposition of the Constitution and pledged
his submission to il as authoritative and final
The Chief Justice and his Associates remained
silent. The Senate, too, were there constitu-
tional witnesses of the transfer of administra-
ton. They too were silent, although the pro-
missed usurpation was 10 subvcrt the authority
over more than half of the empire which Con-
gress had assumed cOntcmporaneously with
the birth of the nation. and had exercised with
out interruption for near seventy years 1t
cost the Pr sident. under the circumstances
little exercise of mo gnanimity now TO promise
TO the people Of Kansas, on whose neck he had
with the aid of the Supreme Court, hung the
milestone of slavery, fair trial in their at
tempt to cast it off, and hurl it to the EARTH
Government. Alas that even this cheap pro
mise, uttered under such great solCmnities,
was only made to be broken!
The pageant ended. On the 5th Of March,
the Judges, without even exchanging their
silken robes for courtiers gowns. paid their
sulatations to the President, in the Executive
Palace. Doubtlcssly the President received
them as graciously aS Charles the First did the
Jud yes who had at his instance subverted the
81 I I'm tIn 81
March, the Supreme Court dismissed the negro
sutton, bred Scott, to return to his bondage
and having thus disposed ofthat private action
for an alleged private wrong, on the ground
of want of jurisdiction in the case they pro-
ccedcd with amusing solemnity to pronounce
the opinion, that if they had had such juris-
diction. still th unfortunate negro would have
had to remain in bondage. unrclieved, because
the Missouri prohibition violates ri GIFTS of gem
eral property involved in slavery, paramount
10 the authority of Congress, a few days
later, copies of this opinion were multiplied
by the Senate's press. and scattered in the
name of the Senate broadcast over the land,
and their publication has not yet been disown-
cd by the Senate. simultaneously. bred Scott,
who had played the hand of DUMMY in this in
teresting political game, unwittingly. yet 70
the complete satisfaction OF his adversary. was
voluntarily emancipated and thus rec, ivcd
which the Court had denied him as a right.
The new President of the United States,
having organized this formidable judicial bat
terry at the Capitol, was now ready to begin
his active demonstrations of interv ention in
the Territory. Here occurred, not a new want.
hut an old one revived-a Governor for Kan
sas. Roht. j. Walker, born and reared in
Pennsylvania, a free State. but long a citizen
and resident OF Mississippi, slave State, emf
for t1ln ~,
President and his party, plausible and perae-
vcring, untiring and efficient, seemed Just the
man TO conduct tie fraudulent inchoate pro-
ceedings of the projected Lecomp,on Conven-
ton to a conclusion, by dividing the fri. nds of
Free Labor in the Territory, or hy casting
upon them the responsibility of defeating their
own favorite policy by impructcability and
contumacy. He wanted for this purpos,, only
an army and full command Of the Executive
eXchequer of promises of favor and OF threats
of punishment. Frederick +. Stanton. of Ten
neSsee, hoaoraols and capable, of persuasive
address, but honest ambition, was appointed
his Secretary. The new agents soon found
they had assumed Il task that would tax all
their adroitness On the che side the Slave
Labor party were determined to circumvent
rhe people. and secure, through the Lecomp-
ton Convention, a slave State On the 9th r,
the people we're watchful, and determined not
to be circumvented, and in no case submit.
Elections for delegates to that body were at
hand. The Legislature had =, quir, census
and registry of voters to be made by authori-
ties designated by itself, and this duty had
been only partially perform,d in fifteen of the
thirty-four counties, and altogether omitted in
the other nineteen. The party of Slave Labor
insist d on payment of taxes condition of
suffrage. The Free Labor party deemed the
whole proceeding void. 10y reason of the usur-
patton practccd aud of Tia, detective arrange
mrnts for the ciJct.oa. They discovered de-
sign to surprise in the retasal of any guaranty
that the Constitution, when framed, should be
submitted To the pc pie, for their acceptance
or rel elton, preparatory 10 an application un-
der il for the admission of Kansas into the
! Union. Tue Governor drawing from the am
| pie trea,ury of the Executive at his Command,
made dde exhibitions OF the army, and threat