The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1858-07-31
VOL. XVIII---NO. 40.

| HE that was not opposed 10 the decision;
and if | had it before the Circuit Court {
took it up to the Suprox,e Court, where, if
got beat again. thought i, better to Say
no more about it, as did not know of any
lawful mode Of reversing the decision Of the
highest tribunal on earth. To whom il Mr..
Lincoln going TO appeal: Why, he says hs
VIII appeal to Congress. Let us see how he
vii! appeal to Congress. He tells US that
on the 9th OF March, 1920, Congress passed
q law called the Missouri Compromise, pro-
hibItng slavery forever in all the territory
West Of the Mississippi and North of the
Missouri line Of thirty-sx degrees thirty
minutes, that Dred Scott a slave in Mis-
souri, was taken by his master to Fort Smell.
ling III the present State Of Minnesota, stu-
ated on the West bank Of the Mississippi
! river, and consequently in the territory
where slavery WAS prohibited by the Act Of
1920, and that when Dred Scott appealed
FOR his freedom in consequence of having
been taken into Zee territory, the Supreme
. Court of the United States decided that
Dred Scott did not become free by being
taken into that Territory, but that having
been carried back to Missouri was yet =
slave. Mr. Lincoln is going TO appeal from
that decision and reverse it. He does not
intend to reverse it ss to Drcd Scott Oh,
/ no, But he will reverse it so tnst 1t shalt
not stand as rule in the future. How will
ne do it: He says that il he is elected to
the senate he will introdu and pass law
just Ike the Missouri Co!apr omise, prohibit
ing slavery again in all the territories
Uaughter) Suppose he does re-enact the
same law which the Cour, has pronounced
unconstitutional. If the act Of 1920 was
Unconstitutional in consequence of Congress
having no power to pass t, will Mr.. Lincoln
make It constitutional by passing it again:
What clause of the Constitution of the
United States provides for an appeal from
the decision Of the Supreme Court to Con-
sress. Ii my readiag of that instrument is
correct, It is TO the effect tina, that Constitu.
ton and al laws made in pursuance Of il are
the supreme law Of the land, anything in
the Constitution or laws Of State to the
contrary notwithstanding. Hence, you will
hEd that only such acts OF Congress arslsws
are made in pursuance OF the CoUstitu-
ton. When Congress has passed an at and
put it on the statute book lax, who is
10 decide whether tha, act is in coufo1 mity
with the Constitution or not Tie Cons.i-
tuition Of the United Sta ss tells YOU 1t
has provided that the judicial power Of the
United States shall be vested in Supreme
Court, and sach inferior courts as Congress
may from time to sine ordan and establish
Thus by the Constitution the Supreme
Court is declared, in so many words, to be
the tribunal, and the .on'y tribunal which il
coupcten, TO adjudcste upon the cons,itu-
ticnaty of an act OF Congress. He tells
you that that Court has adjudicated the
question, aEi decided TIA: IA act Of Con-
gross prohibiting slave in the territoriesis
unconstitutional and void; and yet he says
he is going to pass another like il. What
tor: VIII it be any more valid, VIII be be
.ila n tho sh.. tie
&C. is valid when the first is invalid aud
void: What good does it do to pass sec
ond act? Why, it will have the effect 10
arra;Gr the Supreme court before the peo-
pie, and TO bring them into all the political
discuss; ons of the country. VIII that DO
any good? Wit it inspire any more conf
dence in the judicial tribunals Of the coun-
try, What good can it 90 to wage this war
upon the Court, arraving it against Con-
sress, and Congress against the Court >
The Constitution of the United States has
said that this Government shall be divided
into three separate and distinct branches,
The executive, the legislative and the judi
cia', and Of course each one is supreme and
independent OF the other within the circle of
its own powers. The functions Of Congress
are 10 enac; the statutes, the province Of the
Court is TO pronounce upon their validity,
the decision into effect when rendered by
the Court. And yet, notwithstanding the
Constitution makes the decision Of the Court
final in regard to the validity Of an act of
Congress, Mr.. Lincoln is going to reverse
that decision by passing another act Of Con-
:less. 1augh.er) When he has become
convinced of the folly Of the proposition per-
maps hc will resort TO the same subterfuge
that have known others of his party resort
to, wIiich is, TO a.i ate and asitate until he
can change the Supreme Court and put
other men in the place Of the present in
cumben;s wonder whether Mr. Lincoln
is right sure that he can accomplish that re-
form. He certainly will not be able to get
nd of the present judges until they die,
NLaughter,) and from present appearances
think they have as good security of life as
he has himself. (Renewed laughter.) lam
afraid that ~ f-eud, Lincoln, would not
accomplish this task during his own lifetime,
and yet he wants 10 go to Congress to do is
a | in six years. Do you think that he caa
persuade nine judges, or majority of them,
to die in that SIX years just to accommodate
. him: Shouts OF laughter) They are ap-
pointed judges for life, and according to tho
present organization, new ones cannot be
appointed during that time, but he is going
to agitats until they die, Laughter,) and
publicans in their places. He had better
be quite sure that he gets Republican Pre-
sident at the same tune to appoint them
| Laughter) lie wants to have Republican
! President elected by Northern votes, not
| Southern man participating, and elected for
! the purpose Of placing none but Republic
ans on the bench, and consequently, if he
! succeeds in electing that President, and sue
ceeds in persuadins the present judges to
die, in order that their vacancies may be
| filed that President. will then appoint their
! successors. And by what process will ha
( appoint them? He first looks for a man
who has the legal qualifications. perhaps he
/ takes Mr., Lincoln, and says, Mr.. Lincoln,
would yeu like to 90 on the Supreme
bench?" Uaughter) Yes, replies Mr..
Lincoln. (Renewed laughter) Wsll, re-
turns the Republican President; 81 cannot
appoint 7oc n.t;l yoc g7e me pledge as
to how you will decide in the event Of par
,icular question coming before you" What
would YOU think of Mr.. Lincoln il he would
Consent to give that pledge? And yet lie is
| going to prosecute war until he gets the
present judges out, and then cstechise each
man and require pledge before his appoint
ment as to how he will decide each question
that may arise upon points affecting the Re-
publican party. {" Hear, heaT,y Now,
my friends, suppose this scheme was practi-
cal, | ask you what confidence you would
| have in a court thus cOnsttuted-a court
composed of partisan judges, appointed on
political grounds, selected with view to the
decision of questions in particular way,
and pledged in regard to q decision before
the argument, and without reference to the
peculiar state of the facts. Would such .
court command the respect of the country!
Ono, never,') If the Republican party
I c,npot trust Ipeu,ocrafic iudpeS how can