Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-05-07
FALLIBLE, BUT FINAL.


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A cotemporary. referring to the fact tina. sup.
porters of the Fugitive Slave Law take shelter IN
der the decision of the United States Supreme
Court, In which its constitutionality is affirmed, in.
dignantly asks, lis the Supreme Court Of the
United States infallible !" As the query doeen't
appear to be addressed to any one in particular, it
may not be improper for us to reply.
Infallible No, it is not infallible. Wo never
heard Of any one who claimed that it was. But
being the Supreme Court, not of a State, but Of the
United States, lite decision in all matters within
tts jurisdiction is final, and the people have con-
sented that those decisions shall be legally bind
log. When q State has delegated its sovereignty to
another, IL is too late for it to talk about State Sow
e~rsignty. 1t may be sovereign, but with limita'
irons; independent, but within certain bounds.
A man convicted of a capital crime. in Ohio,
undor State laws, and by q State court. cannot
carry up his case by appeal to the United States
Supreme. or oven District Court, for it 70 q case Of
which the United States Courts take no cogniEance,
having neither original nor appellate jurisdiction.
Courts Of law ore always so constituted that no
two can have equal authority in tho same
case; their authority may be equal in ,imi.
lar cases, but mover in the same. When two
courts arc constituted. one of which has original,
and the other appellate jurisdiction, tho dccis'
Ions Of the latter are necessarily of more authority
chan those of tho former. either confirming or set
ting aside the decisions Of the lower court. Every
Justice of the Peace in Ohio possesses identically
the same legal power as every other; hut when he
goes upon his neighbours territory, his power ceas-
o., and official acts, which would be legal at home
are illegal when done beyond the bounds of his
Jurisdiction. Then, too, hi, authority is limited to
certain cases; all questions for adjudication can
NOT be brought before a Justice of the Peace. The
justices, having equal powers, It is necessary eth
or that O uniform rule of action should be estab'
aished, or O body instituted to which On appeal
may be taken. We do not have the former, but
do have the latter. Those remarks in relation to
the Justices, will apply with equal force to every
court in the State except the Supreme Court OF
Ohio, which is the final arbiter for all matters Of
Constitution and law within the bounds Of State
authority.
The Supreme Court Of Ohio is no more %infalla'
BILE than is the United States Supreme Court. but
90 far as State questions are concerned, its deci.
sion is final and it would be considered n legal
,sbsurdity to raise the question of it's fallibility, and
because its decision did not suit in q given case. to
Invoke public opinion to set aside an arbitrator
which that very public had appointed. and clothed
with authority to decide just such cases
~ It is a settled principle in law and in fact, that
N al. cases in lao and equity arising under the
United States Constitution, OF the laws Of the
Union, the Supreme Court of the United States
shall have, either original o, appellate jurisdiction.
Ia the case Of yiulaters Of the Fugitive Slave Law,
,he District court Of the United States has origin.
al jurisdiction, and the Supreme Court appellate.
Nowrt by airy possibility the case Of the Thirty
Seven, or tho "Thirty Five rather, seeing tha,
two Of the original number are Democrats, md
therefore prejudged as innocent; if the case Of
the "Thirty Five could be removed to State
Court, the decision Of that tribunal, whatever it
might be, would DO worthless SO far as the prison.
.ers were concerned, unless il was backed up by
Modification for even if it had jurisdiction in the
premises, the language Of the United States Con-
situation which gives to the Supreme Court appel'
llats jurisdiction, is SO plain that the wayiaring
man need not err therein. To have the matter un.
derstood,, il really would seem necessary only to
-ststc the facts. In all cases arising under the
flaws ofthe Union, the Supreme Court has juris'
,diction, esther original or appellate. If original,
rthe State Court manifsstly has no right to Interfere,
aor the adiudication,of the case is otherwise pro-
vided for If appellate, then the phraseology used
clearly indicates that the court is superior to the
one to which the appeal is carried. Webster do
zines appellant, as zone who removes a cause from
q lower to a higher tribunal.
Under q government like ours. there is no use in
talking about State Courts having equal authority
with the United State Courts in any case in which
both possess jurisdiction. The proposition is an
absurdity and however admirably such a thing
might work in q given case, no one would expect
or desire it's general application. A question, for
instance, arises as to whether the action of certain
Ketockians upon the soil Of Ohio is constitutional
or unconstitutional, a violation of State Rights, or
in conformity with them. The Supreme Court of
Ohio declares it TO be unconstitutional, and clearly
a violation Of State Rights; the Supreme Court
Of Kentucky bronounoes the act cons i%tutional,
and neither a violation Of State Rights nor any
other rights. t0hio proclaims her determination to
punish the sggressors, and Kentucky ayows her
determination to protect her citizens. Shall the
matter rest just where Ohio and Kentucky put it :
Shall we regard the act as both constitutional and
unconstitutional a violation Of State rights and no
violation of State Rightsf Shall we look upon
the actors as both criminal and innocent? Reduce
the theory to practice, make it of general appli-
cation, and any one can see the absurdity of it,
and will feel the necessity Of having court whose
authority is superior to that of State Courts, aud
whoss judgment, if not ~inJali6le, must neverthe.
jsss be nSAL.
DOES THE BIBLE SANCTION Slavery
.rraonondapk has can't ua q communicable