Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-11-01

Here 1t Is assumed, and very properly zee
think. that the decision Of the Supreme
Court inist be the law of the land. Bnt let
the reader compare this extract with the fol-
lowing passage in Gen. JAcKsoN's celebrated
veto message:
III the opinion of the Supreme Court covers
the whole ground of this act, it ought not to
control the coordinate authorities of the gov
eminent. The Congress, the Executive, and
the Court must each for itself he guided by
its own opinion of the Constitution. Each
pubic officer who takes an oath to support
the Constitution, swears that he will support
it as he understands it. and not as it is under
stood by others. It is as much the duty Of
the House of Representatives, Of the Senate,
and the President, to decide upon the consti-
tutionality of any bill or resolution. which
may be presented to them for passage or APP
prevail. az 1t is of the Supreme Judges, when
it may be brought before them for judicial
decision. The authority of the Supreme Court
must not, therefore, be permitted to control
Congress or the Executive.
And now hear Mr.. JEFFERSON, the founder of
democracy" as they claim. JACKSON was
hut his disciple. JEFFERSON thus writes on
the power of the Supreme Court:
You seem to consider the Judges as the ultimate
drbifers of all constitutional question, "a uery dan
gerous doctrine indeed. and one ,rhich nould place
us under The despotism Of an oligarchy. Our
judges are as honest as other men, and not
more so. They have with Others the same
passions for party, for power, and the privi-
lege Of their corps.
The judiciary Of the United STATES is the subtle
corps Of soppers and miners constantly 'rorhing
under ground 10 undermine the foundation of our
confederate fabric. The are constituting the con-
siitution from the coordination Of general
and special government to a general and SUI
preme one alone.
Now we wish to ask our democratic friends
if they endorse the views as here set forth by
these two great lights of their party? Do
they agree with them upon this question of
the force of opinions of the supreme judicial
tribunal of the nation? Will the organs an
swer? We have quoted the Washington Union,
that places itself directly in opposition upon
this question to the founders and prophets
and apostles of the party. In support of the
Union's views we have distinguished modern
authority to quote. This authority is JEFFER-
SON DAVIS. Will the JEFFERSON and JACKSON
democracy allow US to call him to the stand?
In late speech in the Palace Gardens in New
York, Senator DAVIS said, in reference to the
Supreme Court:
To return, then. to the argument which
was making, | said Congress had no power to
legislate upon the subject of what shall he
property anywhere. Congress has no power
70 discriminate between the citizens of diff
ferent States, who shall go into the Terrific
RIO yvhi tha IF fl.a
United States; and those Territories, of right,
remain open to every one to enter with any
description of property recognized under the
constitution. until the Inhabitants shall take
upon themselves the duties. powers and obi
cations of a State. (Cheers.l NO,c. rOuld
ask you FURTHER of ,cIat rdie cod Congressional
act be? If Il be a constitutional! right, as ! contend
,s. is matter for judicial decision. If Congress
shooldhen assert that is not right, and the courts
should decide is a constitutional right. the La,c
pouid be roid II, on the other hand. IL rs not a
right and Congress should assert ii TO be. then The
courts mW declare that no snch right crisis under
The constitution, and IL is not IN the po,rer Of C5n-
gress 10 create IT, Aud. my friends. it is in this
sense we say that Congress has not the power
either to establish or prohibit slavery any
where. (Applause.)
Have the democracy changed? If they
have not then DAVIS is q hereto. and the
party is full of them. IF they have changed,
then it is ridiculous to claim JEFFERSON and
JACKSON as the founders of the present demo-
cratic party. On this point. the Radicals, of
the Andy Johnson school, whose every 'con-
verging line" tends to the destruction of all
the stable elements in our form of Govern
ment, are truer disciples of JACKSON and JET
PERSON, than the writer for the Union or Ex-
Secretary DAVIS.
We need not say that we endorse the '!fed-
eral" side of this issue-in favor of the finality
of the decisions Of the Supreme Court. THE
Democracy" it will be seen. are split all 10
pieces upon it. So far. then. very i'm
portant question in the administration of the
Government is concerned, the catch-phrase of
the Democracy" is an unmeaning deceit
There is no such Gritty, distinctive of any
liked and defined principles or measures, as
The democracy" and we are sick of hearing
t prated over by the poll-parrots of politics.
whose highest conception Of its meaning is
embraced in that terse definition of Mr. CAL
ioUN-'.tae cohesive attraction Of the public plum
l1" ....