New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-06

| - ,bs prrr case Thst was IN case orI"ee" WIZ
~, Of Mnr,l.d sui II e ste"f Pcn"'y V"'"s;
IT. % I,r,,y Cen.rs t Penn ylva'ia, a. me cum
- >, cement Of lis argument Coz e. l;,, t,.,.,
LII k.y. iii c- lecun- 4 snci apso, o'"s " -
~ So, the State f New-lork present ,nc sai1
or..tor, iu the zane CuGrt, c"nlp'''H % " .i.
Il - s,ue Judge. if -he shsll be =" tf'uha. ." ~
49, .,.,,e, Gen. raj " ho vail angu- and coo'rae
80 -, ,w, -., Distinguished nenbrrs oi tl1
~ & Hs, a. Messrs. Dlveb and NvA"n nave un"
f,t.i Themselves by thtH rpon IT 1n', ES;,
sLnuN either be CHOSEN Ar"rney-GVneral Io' .Ns
60, saws the rrp.r: There was n" Question
:. -, ~. Inv Tot 81, eIccp, a. IA the pow 81
/" Crsres, t c..eer posrr "n Jcs', e"aniy az" b'~n
.fi.eis aud {" require ieu I" eHe'"' re a"s "a
CIresr at tie time ofthe amendment VI 'nis act III
"Is5." 49, 40: u. -.
WV this exception Was rot this me l-eciso
cresti' u d, ciced In the Prog case, ana Wa hos
j The law If the lsnd' that CorCrss hS' ho' @ss
-, II p if Congress AMI The supreme Iouf' an
u T. a "a slut .,u a. assumed by tine report
TIE rep,qt admits that the right Of Congress 20 COZ.
fer the f. vcr il does upon persons rot JI-seS vi tno
Sur.n Court, a. by the acI oi io'o; ~.
;,r;.l r,w,r in the judges Of the Supreme Court.
No Treason. then, hope, III expressing o' Puo"shh
un opiI ioi ui.oL ihas open quest Oh. -. -, -.
E,Le power e ord ring or issuing process OF arrests
az I.,i,, ,iei Gee or against, uf crcfiing nnaIy
with. al iIy question involving lite Imprisonment,
lie uui,ai rover then is Us clear rs can D. deIon-
,s,eG that Ca glvs bs> no power 10 conlcr the pow
trs # lar III delti keu I" ly he law at IN.
The judcin power Of TIC United States Is vested al
Of il Gy lie Constitution, leaving uOne for Congress
Ia clIiLo Commission rs VIII.
S,y, tie Constitution: THE judicial power of tho
i,i;eG States shall b. vested luo Supreme Court,
and such Inferior Courts the Congress may from
",u. 10 TIM viaan AMI establish. Tae judges bath "a
he S. lreIhe snd il ieriUr Counts shah hodthelr OH
"ccrs duiir gooc behavior; ana SHALL at stated times.
'leceiyc IL rtieir rviccs compensation which shaf
'r,i be- diuiui he'd dI their continuance IA "ilie.
These Cuu siuicis lot the ore Supreme Court;
there was one in existence before their appoint nent.
They are not inferior Courts tar their decision, To
lie hlai. 1l.y dU LCt at stated times receive COM
pertaion for their services, but only as they get
ease Il then or les. they decide II, ole way
tr he other. They are Us"rp.rs al power at empte1
to br conferred ly u-urpug Congress, and they AMI
the Mnsha- VITO execute their void process, aI the
posse o quart over their ctin. the rev.
omti"irts-ile vi"lat,Is vi "vur sacred Dpact--
Il e m, bcclats; mere clearly than those who
nj such petitions L" the Legislature gave occasion
to tie rel.rl of The Nv" distinguished Republican
member IF tie Sci at-s Ju Henry Committee.
Mr.. Div-n, in seeming eff RI to preserve party
siauoirg, after his report, attempts to impicato
tle Rel Tbn,an party tor h"ldng the same doctrines
sustained III the report lie suppose that tho
Republican parry has but single nnssion-"that of
he, pug Slavery out # the Teirt Jres'-sod, It ths
serte quoted from the Pr.g case be the Constitu-
tio,a lew If The land, | must be permitted, in all
scrsI ess, :o nsk the Senator what right have 10
do III What power we have 10 DO II what agency
slall employee Congress, Territorial Legislatures
Popular Sovereignty, at the PHYSICAL power of tho
,ro at Republican party
Ii the Con sirior secures to the citizens of the,
" sa,-hohiug Siates the complete right and tts Of
"owheisLp in their slaves as property, whore the,
right of d priviug them Of it in tue Territories Or
even in tie States
Judge Story, IN an attempt 10 make the reception
clause useful TO shareholders. went beyond the mark,
and proved II unnecessary, for, if slaves are property,
the owner ould hold them without the reception
ciause, wolk them herr, sell them here, notwith-
staud en- ancipstiVn laws, any Others va may
pass for says the Constitution, No person shall bs
" deprived Of life, liberty or properly without due pro-
" cess &c law"
The property doctrine il the one upon which tho
South relies Ia -eud Slavery nto theUcrritOries I'M
der This doctrine few held in Kansas and New
Mexico, aud if could have u few more Pngg and
bred Scott decisions Of the Supreme Court, sustained
by ,uch rep, from Northern State Legislatures as
tie under considerations all the States ami all the
Tent, ri.s isht be blessed with the Divine instu-
ton, and our glorious Union preserved Ia harmony.
But This Stale has rel rced the property doctrine.
she did 20 wien she abolished her Slavery with
cut con persstion. She did when her GovernOr
Ss en- .ltIeG ssoyeTnSr OF var
not Drorerty, ana the Union not diss,i, y -
he world dill Lot come to end. She viii 49,. gu" h
The Il, crine If the common law and Of common sense:
ard repudiafe the idea Of property in In this POI
sition che will keep Slavery from her soil and do her
pat in preserving all the Territories VI the Union from,
The curse. Is.