The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1858-05-12

Inc Judlclhl power tDdS, 70 emdnclpate
a slave when take beyond the jurisdiction
of the local law the judicial power is, TO
enslave him where ever the Constitution
goes, unchecked by the sovereignty of
free State.
The power Of the States was complete;
it is now circuuscrbed. No emancipa-
tion without compensation
The power Of Congress over slavery in
Federal territory was complete now it is
annulled.
The Constitution l0as for freedom
now it is for slavery.
The old idea soos that slavery was the
exception the new one is, that it is the
general Understanding through all the
| slave States and over all the unorganized
territory. You have enough Of it already
| to double the organized States of the
| Union, and are preparing to-day for the
annexation of Cuba, of Mexico, and Of
| Central America.
Sir, if understand the doctrines of the
President and the court, there is no half
way house for slavery--us bound to stay
the advancing Aood-no home, ne resting.
| place for freedom, in all your broad and
grand domain. If l understand them
truly, then is our proud boast Of liberty
miserable lie; and then that song of ours
--doubly inspired by the deties Of poetry
and patriotism, and born beneath the very
portals of your Capitol-the melody Of
glory, that fires our souls and nerves our
armes for
The land fthe free, and the home Of the brave"
i, but the sharpest, saddest sarcasm. that
ever flashed from human lips.
Mr.. Chairman, this is the revolution
how swift how sweeping Sweeping away
high powers of Congress, and Of the new
States sweeping away the ancient laws
Of our fathers sweeping away the an
cient landmarks Of our fathers sweeping
away the ordained blessing Of liberty"
which was the reward of their sore trials,
the crown of their great victory, and their
legacy to US. What is our heritage, and
what shall our children's be !? All this Is
wrong; it is not right, nor wise, nor safe.
We are false to our fathers if We believe
it, and false to their honor and ours If we
do not reject it.
| believe that great wrong has beee
committed upon the Constitution itself.
and wrong that will tell with terrible
power upon the future destiny Of the
country. In the exercise Of my right
here, on the convictions Of my judgment
and the obligations of my OATH I have at
tempted to expose it. Incidentally and
inevitably, l have spoken freely Of CO.
ordinate branch of the Government, whose
rightful powers l am bound to respect.
Incidentally and inevitably. / have co.,
demned the Supreme Court of the United
States but not Intentionally to detrsct
from its dignity, or bring it into contempt.
Taught to reverence it from my youth.
and habitually reverencing it through life
respecting it still, and meaning to rs-
spect it hereafter, whenever and so far a.
it revo!ves in the appointed line, harmo-
nieus with other equal spheres in the Fed
eral system-I have lived to learn, alas
that this exalted court can err. And with
what wreck as if some central sun, the
source Of light and life, should quit its
pathway in the skies, and leave its worlds
to die,
l shall fail Of my conception Of my
duty if do not add denial of the right
Of the judicial department to infringe up
on the province of the political depart
; ment; If do not deny the right Of the
E court to revise the political acts of Con-
: gress, or to bind single member of this
r body by the authority of its opinions. Its
t judgments are final between all the par
: ties before it in every Judicial case )"
. but il has no power over Congress or the
= Executive, and can claim no respect froa
I them, beyond what is due to the reason
, ing of the court. give you my justi6-
: cation
. Every member of the lie si.lative body ia bound
n 10 eramine and decide for himself whether the
i bill or resolution is within the constitutional
y reach Df the legislative powers confided to Con-
[ gless: - Story; Commentaries, sec s74
!. But, let US look to the very source Of
r the Constitution itself.
- lis CONSTITUTIONAL CONVENTION,
: Aagust a. 1857
"Dr. johnson moved 10 insert words SO as TO give
;. the Supreme Court jurisdiction cases arising
:. 'aader this Constitution
Mr.. Madison doubted whether II was not 20
ing far 10 extend the jurisdiction of the court,
0 gener, ly TO cases arising under the Constitu-
. ton, and whether 1t ought not 10 be limited q
cases Of judiciary nature. The risMet ezponsa
iH0 the Constitution, IN cases not oT his HdftSs
. ought net 10 be given 10 that department "
y " The motion Of DR.. johnson was agreed u
con-, Il being generally supposed that heiHT1s
dictiOn gireR CoSsrRUcTIvELr LIMITED rc
-, CASES OF A JUDICIARY NATURE" -Madisoa Pa-
~ ~ pers, Elliot's Debates page 4ss.
a. Said Judge Story, in his Comments
ries on the Constitution ..
ia ain measures exclusively Of political ls esIa
es tire sreclape character, It is plain, that "
e. supreme authority, to these questions, belongs
IN he Legislative and erecutire departments dey oal
!" not BE- re ,raHaiHed elselrhere."-Sec. 374.
u Let us 90 to one of the apostles. Said
y Mr.. Jefferson
: You seem TO consider the judges the ut
g mate arbiters of all constitutional questions,
le very dangerous doctrine, indeed, and one whicl
~ would place under the despotism Of an OH
;! garchy." The Cen
~ sitution has created NO 'Uch single tribunal
s. knowing that, TO whatever hands confded, tsid
A., he cOTrapfiOns of time and party, ITS AEMBKs
70 WOULD BECOME LEsPors."-Jsfsrson 10 Mr.. yar
OF rs, September rs, 1920.
u Were those words prophetic Is tn
is court despotism tempted, tainted
ne with " the corruption Of these times. AM
pa party" Of our day. Representative
he of the manila ind0a We To whstsvs