Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1858-03-05
Senator Pcssendcn on the bred
Scott Opinion.
The Sapreme Coart Of Georgia against
tic Sapreme Conrt ofthe United States.

desire, before concluding, TO advert
60 one other p, si,ion which was taken
by the senator from Georgia, and which
HIS been alluded to again to-day--thnt
this matter has been settled b. the Judi
cial forum. 1t is said that IL has been
carried to the Supreme Court Of the
United States, and settled there. Does
tho honorable senator from Louisiana,
~ lawyer, undertake to tell me that
thc question has been settled by judi
eial decision in that court {: Did that
question even arise aud present itself
70 the nina of the court with reference
to any necessity Of the c,se To what
extent does tho honorable senator, Or
anybody else who is lawyer, undertake
to say that the decision of the court is
binding ! 1t is binding so far, and so
FAR alone, IS it can issue its Mandate
Its eFaaien is of force only upon the
question which settles the cause. Am |
bound TO follow out set of opinions
that may be advanced by any set of judi
gcs in any court simply because, after
they have decided cause, they upper
take I. give their opinions: They may
DO bss NON, they may be weak men,
ba, their mandate in the cause before
chem must DO oboyod and l will go as
sAr and as readily as any man 80 obey tho
mandate Of any Court to which 1 am
bound to render obedience and am
bound to render obedience to the Sd
prcmc Court Of the United States but
when they undertake to settle questions
not before them, tell them those qucs-
tons arc let me as we'll az for them
W hon they undertake to give opinions
"a collateral matters which are not
involved in their decision, and they are
not called upon to decide them. | tell
them they are men like myself and
Others. and their opinions are OF no
valuc. except 50 far as they enforce
them by sufficient and substantial
reasons and if they give bad reasons
or bad logic, l would troa: them as l
should anybody else who would try to
convince nay judgment in such way
have good authority on this point )
and it is authority that Iprcscut for the
special benefit of those who are dis
posed to read US lectures lately on the
subject of bowling to tho opinion of the
court. l have law book in my hand,
from which l wish to read one Or two
passages. The Supreme Court of one OF
the states of this Union. in giving tho
opinion which l held in my hand, in
speaking of the actions of tho Supreme
Court q the United States, says:
1.-THE disregard OF this court to the
known will of tho makers of the con-
st,tu,ion, as to the rule of construction
"a equally exhibited in number Of
.othcr cases especially in the cases OF
Cohen agt Virginia, and Worcester &.
Butler agt Georgia, in which it held that
state might be sued, Notwithstanding
the clear manifestation of the will of the
makers of the constitution, in the amend-
mcnt of it, to which | have heretofore
referred. that the constitution was not
to be so construed as TO make tho state
sueable.
"But arc not the decisions of the Sup
rene Court of the United States to govern
this, rs to the rule of constituting the
constitutions They are not, any more
than the decisions of that court are to
be governed by the decisions of this.
1.-THE Supreme Court of the United
States has no jurisdiction over this court
or ovcr any department of the govern
ncnt Of this state.'
wish to read another passage show
ing the opinions entertained by the
learned court which gave tho decision
before me
But say that l am wrong in this
OPINION still dcay.that the Supreme
Court referred to axe preccdents to gov
orn this court
Those decisions were nero partisan
Ascisions-to DO overruled in the cour:
which made them, IS soon as a mai ority
Of tho members of the court should be
of different politics from the politics OF
the members who made the decisions
The doctrine that decision Of tho Sup.
reno Court of tho United States is to
dictate mans politics to him, is q
doctrine avowed By fow in the coun.
try. Such doctrine would be an easy
means Of perpetuating dynasty OF
principles, however false and wicked
All that would have to be done, would
be to start with men Of those principles
Their decisions would do the rost.-
Whatever they said the constitution
meant. the people would havc to vote il
to mean. Parties, on constitutional
questions, could not arise.
;. But are these mere political decisions
a-i made by partisan judges?
Them the court 60 on to review thi
history of the judges of the Suprem,
Court ofthc United States, beginning
with Judge Marshall, to show that they
are mere partisans. There is another
littlo extract should like to read.
Mr.. Stuart-What court is it.from thc
opinion Of which the senator is read.
ing
Mr.. Fcsseuden Il will give my au
thority after have read what tho cour
say !: ,.-.-..
NOW, partisan decisions may do to
bind the political party which the makers
of them happen to belong to. They
certainly bind no other party. And this
has boon the uniform practice of all par
ties in this country. Ths Supreme
Court said bank is constitutional yet