The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1858-03-23

but, on the contrary, the President and
Senate contcmptuously rejected it, and de-
nounced it as treason, and all its actors
and abeltors as disloyal to tho Union. An
army was dispatched into the Territory, in
tended indeed to preserve peace, but at the
same time to obey and sustain the usurpa-
ton. The provisional Legislature, which
had met TO confer and TO adopt further
means to urge tho prayers of the Leople
upon Congress, were dispersed by tho ar
my, and the State officers, Professionally
elected, who had committed no criminal
act, were arrested, indicted, and held in
the Federal camp MS state prisoners. New
ertheless, the. people of Kansas did not
ncqulescc. The usurpation remained bar
rem authority, dcfied, dcrided, and despised.
A national election was now approach
ing. Excitement within and sympathies
without the Territory must bo allaycd.-
Governor Shannon was removed, and Mr..
Geary was appointed his successor. He
exacted submission to tho statutes of usur-
patton, but promised equality in their ad-
minstration. He induced a repeal of somo
OF those statutes which wero most obvious
ly unconstitutional, and declared an am
nesty for political offenses. He pursuadcd
the Legislature Of the usurpation to ordain
a call for convention at Leeomptop, to
form constitution, il the measure should
be approved by popular vote at an cleo
ton to be held for that purpose. To vote
at suoh an election was to recognize and
tolerate tho usurpation, as well as to sub
nit to DISTINGUISHING laws, aud TO hazard a
renewal of the frauds and violence by which
the usurpation was established. On no ac-
codnt would the Legislature agree that the
projected constitution should be submitted
to the people, after it should have been
perfected by the convention. Tho refusal
OF this just measure, so necessary to the
public security in case of surprise and fraud,
was confession of the purpose on the
part OF the usurpation to carry constitu-
tion into effect by surprise and fraud
The Governor insisted on this provision,
end dems nded of the President of the
United States the removal of partial and
tyrannical judge. He failed to gain either
measure, and incurred the dispIeasure of
The usurpation by seeking them. He fed
from the Territory. Tho frcestate party
stood aloof from the polls, and canvass
showed that some two thousand three hun
drcd, less than third of the people of
the Territory, had sanctioned the cali of
convention, while the presence of the army
alone held the Territory under forced
truce.
AT this juncture, the new Federal Ad-
ministration came in, under a President
who had obtained success by the inter-
vention at the polls of third party-an
cphemeral organization, built upon for
eign and frivolous issue, which had Just
strength enough to give Pro-Slavcry
party the aid required to produce that un-
toward result. The new President, un.
der show of moderation, masked a moro
eftectual Intervention than that of his pre-
decessor, in favor Of Slave. Labor and a
Slave State. Before coming into office, he
approached or was approached by tho Sup
RENE Court Of the United States. On
their docket was, through some chance
or design, m action which an obscure
negro man in Missouri had brought for
his freedom against his reputed MASTER
Tho arrived at the conclusion, on the SOL
dmn argument, that insomuch as this un
fortunate negro had, through some ignor-
ance or chicano in special pleading, ad-
mitted what could not have been proved, |
that he had descended from some African |
who had once been held in bondage; that
there he was not, in view of the Consti-
tuition, citizen of the United States, and
therefore could not implcad the rcpulcd
master in the Federal courts; and on this
ground the Supreme Court were prepared
dismiss the action, for want of jurisdiction
over tho suitor's person. This decision,
certainly as repugnant to tho Declaration
OF Independence and to tho spirit of the
Constitution as the instincts of humanity.
nevertheless would be one which would cx-
haust all the power Of the tribunal, and
exclude consideration of all other questions.
that had leen raised uron the record The
counsel who had appeared for the negro
had volunteered from motives of charity.
and, ignorant Of courso of tho disposition
which was to made of the canse, and ar.
gued that his client had been freed from
Slavery by operationof the Missouri pro.
hlbition of 1920. Tho opposing counsel
paid by the defending STAKEHOLDER, had
insisted, in reply, that that famous statute
was unconstitutional. The mock debate
had been heard in the chamber of the
Court in the basement of the Capitol, in
the presence Of the curious visitors the
seat OF Government, whom the dullness
of a judicial investigation could not dis.
gust. Tie Court did not hesitate to
please the incoming President by scizing ,
this extraneous and idle forensic discussion
and converting it into an occasion for pro
nouncing an opinion that the Missouri pro- |
hibition was void, aud that, by force Of /
The Constitution, Slavery existed, with !
all tho clements sf property in man over !
man, in all the Territories Of the United :
States, paramount to any popular sover :
eighty within the Territories, and even to
he authority Of Congress itself. I
In this iIl.omened act, the Supreme 9
Court forgot its own dignity. which had T
always been maintained with just judicial 1
ealous'. They forgot that the province .
II Court is simply Jus deere" and not r
It all "jw dare" They forgot, also, that /
me "foul sentence does more harm than i
many foul EXAMPLES; fer the last do bu. !,