The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1858-10-30

Dtusidss
In our Monday issue, We quoted from
the speech Of Judge Douglas at Quincy
the following paragraphs;
81 have never yet learned how you
can appeal from the Supreme Court Of
the United States. The bred Scott de.
cision was proa ,unced by the highest ju-
dieial tribunal On Garth. From that dc.
cision there is no appeal this side Of Hcav-
en-.
- -
~ say to you, with all due respect,
that l choose to abide by the decisions OF
the Supreme Court as they are pronoun-
ced. 1t is not for nc to inquire, after
the decision, whether | like it on all
points or not"
We beli W the time has been when
Judge Douglas was fond Of calling him
self Jeifersonian Democrat, though we
have not heard much about that claim of
late. For the benefit of himself and fol
lowers, we will quote the reply of JEFF
ersoa to Il remark OF similar character to
that by Judge Louslas above:
Tie Const tuition, OH this hypothesis,
is a~merc thing OF wax in the hands of
tae Judiciary, which they may twist aud
shape lnto any form they please. 1t
should be remembered, Us an axiom of
eternal truth in politics, that whatever
power IN an; government is independent,
is absolute also; in theory only at first,
chite tie spirtcf The peppte rs up, but in
practice as last as tnat reiaxes. hide
pcndcnce can be trusted nowhere but
with the people in the mass.
j h, famous c, s. of Narbury as. Mad
lsou Is doubtless taaiiiar to our legal rca-
dcrs. In it, Chief Justice Marshall pro
ccedcd to deliver lengthy opinion, and
tnrn dismissed the case tor want N lu-
risdictton. Precisely similar was the
conduct Of Jud &c fancy and compeers in
the DECD Scot! case. Ia the former, Mr..
Jefferson, then President, treated the de-
ci-lOn as Of no force whatever 1t Was
eXtra- Judicial aud not binding His
opinion Oh t. Is pclnt never changed. In
hter life ! e complains that this case i
continually cited by bench and bar, as if
Il were settled by law, without any an
,madvcrsioUs ON its being m ob;yrr die.
tuat OF the Chief Justice" lis safe To-
say thar were Jefferson standing to-day
ia the shoes of Stephen 4. Douglas. he
no4ld pruuoat C thu DreG Scott opinions
nerciy an .obiter dfrtRm" OF Chief jus
lice fancy, and wanld regard it as such
aud nothing else. There was never u
bred Scott dcci,igu given by the
supreme Court tnat amounts to a hair,
weight in law
&c lerson understood various ways 10
appeal from the decision Of the Supreue
Court. The celebrated Virginia aud
Kentucky resolutions reveal one His
PTa?n q parties convicted under the
Heo,t'on .aw' rg'o. Is another. Whiting
10 Nv 'ohh Adams IN l>o4' ne says:
." seem 10 MINK mat IL oe'o'Fed
UH'n 'Ne lu1&'' 10 "e''d, o" the '"h"l,y
90 'nT 7e"'''o" raw na' h"'hlhg 10
the Constitution has given them the
right !" decide nor F" Executive more
tAan the hAt"u'l'e 10 decide i"r them
Both maG!st.lt ties are Fl da'it ihd'P-nleni
IN the sphere assr-ned IL them. lA'
judges. believing the Ia" c"nstltr'''n"',
lad ri -ht 10 pa-~ sentence ~ i.1r an,
imprisonment, because the power va.
paced Ia their hands by the Cyn>titu-
ZION. But the Executive, believing the
Ia" unconstitutional were bouud TO re
ant tins o~~cauon u it, because that
power has baca cvn!Ide4 to them by the
Constitution. That instrument mean.
th"t lis coordinate brancho, >."uid b,
"1crh& "h c1,h ott@r; but the opinion
Which give 81" tae judge tue ri@rt 10 de
eide what laws IRE constitutional, aud
what not, not oal' for themseIvc, in tacir
own sphere Of action. Lat for tie l.o-is-