Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-04-07

LUIS DiO
Mr.. MASON. Will the Senator adver
TO that statute and give me its title?
will not interrupt him now, though.
Mr.. WADE. will show it to the ger
tleman.
Mr.. MASON. Twill rot interrupt I'll.
gentleman now.
Mr.. WADE. l have il here. thougl
/ may not be able to put my hands or
the exact place at this moment. Ii
eight States of the Union a black MAJ
was a citizen; and [ do not know but tina
Ire was entitled to ell the rights OF a whit,
man; for at that perio' you will find, !
You search the history of The country
that a distinction between black ant
white was not taken. Ii was between
slave and free. That was The question
Up TO the time alluded to by the Chic.
Justice, L can find nothing that dis
.criminates between The color of men,
The only question was whether a man
was a freeman. Ii he WAS, he was en-
titled to all the rights OF a freeman; il
lie WAS not, he WAS a slave. But the
Chief Justice SAYS that all of them we're
SO held. Good heavens: Had he not
heard of the scalhing anathema oil
Thomas jefferson, of Judge Tucker,
and fe other great lights and WORTHLESS
of The. Old. Dominion about ;hat same
period. in language more pointed than
any other men could uses When was
it that Thomas Jefferson ssid he trem-
bled for his country when he reflected
that God was just, and that his ven
-geance would not sleep forever? Yet
the Chief Justice says it was not con-
~sroverted by anybody. Sir, il was on
'eroyerted By every nan of the R=volu-
zion. They. seeking THEN own rights
at the ~canHen's mouth, claiming for
themselves the. utmost freedom, and in
.voking the aid of God to help them to
work il out, had not the ~impudence 10
look to Heaven and ask a blessing oil
their exeriions in favor of a liberty which
they denied 10 their tellow-men. 10
such -reproach, Judge fancy, can be
brought on the head OF the great worth
les of the Revolution.
But l will not pursue that subject
/ hand the Senators over TO the refuta-
lion of this. position contained in the
speech of the Senator from New Hamp
shire, which cannot be answered. |
say it, was a fragrant perversion OF con-
stitutional law TO go into these scraps of
history 10 determine what your Consti-
tuition is. / reeollect very well a decis-
ion by Judge -Story-I have not the
book, and | care not 10 quote it except
from memory-where the LAWYERS piled
him with the consideration of what gen
Ilemen said in the convention which fran
ed the constitution, and what opponents
of it out side of the convention thought
of it. Judge Story said, ',if you make
The least trade with your fellow man
and put it in writing, you cannot call
contemporaneous declaration 10 explain
what was meant byit, but you must stand
upon The bond; what is not there, cannot
be explained;" and then he adds. 'fif in
a simple contrast such rules are 10 pre-
vsil, with how much more force in this
great charter of American liberty when
ahe rights, the interests Of all hang upon
ii? You cannot look out If it. for If You
do you have no Constitution. Then il
will depend upon the memory of man,
,he opinions Of frail men, transmitted
10 posteriiy without any authority at all
l say to you that the court, in travelin,
outof the principles of lsw and going in
TO scraps oil history TO construe your
Constitution, have entered a fed oil
more danger 10 your Constitution than
has been preached b. any other depart
lrent of the Government.
L know that, to gloss thi; over, the
honorable Senator from Louisiana. with
that plausible and beautiful style Of
which he is 30 completely master. es-
capped f:om the rugged inconsistenc es
of this nefsiious decision by passing a
on the old Chief Justice. 1t was
beautiful; it relieved him from the bur
den of encountering the enormous. glar
ing unconsi;tuiionalities and breaches
OF law summed up there. Why, sir, he
went so far as 10 send the old man 10
Heaven even before he died. l do not
think That decision will h,ip him on his
road. He coolly joins the current of
popular opinion, turns away from the
pour man who had sought the admins
iraiion OF Law in his behalf. and says TO
him. 'tyou are a negro. and you cannot
cue IN court; if you have rights, We can
not Investigate them; you are a mere
chatieli" Sir. if that helps a man 10
Heaven, God forbid that l should act
upon such principles.
There is another consideration con-
nected with this decision. | have net
time; and / have notmade il a point, to
go into all is enormi.ies. There sre
only one OF two points in it that l wish
to bring before fhe Senate. So far as |
have heard them, those who yield 10 the
decision of the Supreme Court seem to :
suppose that it is oblig tory on every
body, and that the Senate of the United
States. Ike poor bred Scott, are barred
and thrown tut Of court; that the Presi-
dent of the United States, and the House
Of Representatives. and every depart
ment of the Government, are ignored.
and no better eff than poor bred Scott.
Ideny the doctrine-tbe most dangerous
that could be admitted in a free country
-thatthesejudges holding their eff ce for
life, reposing with total immunity, have
any right to decide the law of the land
for. every department of this Govern
ment. Sir, you would have the most
concentrated, irresponsible despotism On
Gods eafthif you give such an inter
pretation to the decision of that or any
other court. No. sir; each department
must act for itself. i stand here, cloth
ed with the same power, TO proclaim
what is the Constitution upon the pas
sage Of any law that comes before US, as
that or any other court. l follow my
own Interpretation of the Constitution: |
am bound 10 do it: i have sworn that |
world, and beg of the Senate never 10
yield to this arbitrary doctrine that the
Supreme Court can bind the o,ber de
IL 49, -,