Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-29

hlAS wiz ~ heN
There ia a lack of boldness in this tribunal
that will be corrected, in process of time, by
the People.
The supreme Court OF the United statos---
Is it InfallibIet
The Northern abettors of the odous and in
human provisions of the Fugitive Slave Law,
driven to the wall by public sentiment that
begins TO sound like an approaching avalanche,
have taken refuge under the decisions OF the
Supreme Court, and are vainly hoping with
that shield to ward off the coming storm
So did the supporters OF the "Alien and Sc
dition Law, which was repeatedly pronounced
by the same tribunal constitutional, yet an in
diqnant public sentiment reached them and
hurled them FROM power and pOsterity has aP'
proved the verdict.
So did the friends of a U S. Bank led 90 by
tue Banks Attorney, Daniel Webster, under the
shield of the same Supreme Court but General
Jackson taking the responsibility of exPound-
ing the Constitution "as he understood it, put
his foot on the mons er and the American peo
pie sustained him.
The public sentiment which pronounced and
which has finally settled the question that these
decisions outraged the Constitution, compared
with the wrath and Indignation which shall
overtako the authors and abettors of Law far
more odious and unconstitutional, was but as
an April shower compared with the fire that
rained on Sodom and Gomorrab.
Judge Wilson and his officials can no more
escape the coming storm than did the doomed
cities of the plain.
The whole argument proceeds on the old
kingly theory 'that the Supreme Court can do
no wrong" heresy in principle and false in
practice as the history of that Court abundant
ly proves.
That tribunal entrenched behind a life estate,
is the most aristocratic feature of our Govern.
ment.
Presidents, Governors and State Judges must
stand or fall at the bar of public sentiment, but
that Court lifts its proud head above the people
and seems to defy their power.
jefferson felt this when in 1922 writing TO
VIM T. Barry on this subject, he said:
W q nave tIItu III llllo ltSpOSb " N''pJ'hb
England, where certainly it is good thing to
have the Judges independent of the King -
But we have omitted to copy their caution also,
which makes a Judge irremovable on the address
of both legislative uodies. That there should be
public functiOndries independent Of the nation
fohaieUer rlay be their demerH IS a SOleciSm ~ a
Republic of the first order Of absuTdity."
Every attentive reader of our history knows
how this aristocrat.c Court, demanding to be
itself the sole arbiter of its own powers, and
imagining a strong central Government most
desirable, has from the first hour of its existence
marched steadily forward in the work of stealing
power from the States, grasping upon the most
uniounded pretences jurisdiction never granted
to it, and ever extending its encroaehments up
on the reserved rights of the States.
The sagacous spirit of Jefferson an early
and devoted friend of State Rights, marked
these inroads and writing to Thomas Richie,
Dec IS, 1920, says
"The Judiciary Of the United STATES IS N
subtle corps Of SapperS and miners constantly
l0Orking under ground 10 undermine he tOHHda-
tOnS Of our Accelerated fabric. They are con.
STRUNG our Constitution from co ordination Of
a general and special gOUermsnt TO general and
supreme one alone"
The mind of the Sage of Monticello could
not rest quietly under the stealthy aggressions
of this tribunal, and again and again does he
utter the warning voice of alarm
From many Letters on the same subject we
rive another extract from one to w. L, Barry
July ., 1922
1--WE already see the power (Supreme Court
installed for life, responsible to no authority,
(for impeachment is not even a scarecrow) ad'
vaucing with nOiscess and steady pace to the
great object of consolidation. The foundations
are already deeply lad By their decisions for he
aHHihiiatlOa of constitutional STATE rights and
The remOUal Of eBery check, eUery cOunteTDOise 10
The enguiphing poloey Of l0hich themselves are to
make sovereign part.
And three years later, March %, 1925, he
writes of the Judges
"They are Dracticiag on the Constitution by IN
(ercaces, aaaiOgieS and sOBhiSmS as they t00uld
on an ordinary LalO"
Never was there a more truthful description
of the manner in which this instrument of fed
eral power has affirmed the Fugitive Slave Law
constitutional by differences, analogies and
sophisms." The,States are beginning to awake
to the necessity of aresting these encroach-
ments, and with a full appreciation of the
grayeness Of the subject we say with Jefferson,
"the States must shield themselves and meet
the invader foot to foot"
The Supreme Court Of Virginia met it when
in the case of Hunter vs. Martin A MumtOrd,
it decided that "The Court Of Appeals of Yir-
ginia will consider whether a mandate issued
by the Supreme Court of the United States
directing this Court to enter a judgment re-
yersing one which is heretofore pronounced be
authorized by the Constitution or not, and be,
ing Of opinion that such mandate is not so au-
thorized viii disobey it."
But can the Supreme Court do no wrong
Is il inlalliblel ....
Listen 10 Chief Justice BARLEY in the case Of
Piqua Bank We. Knoup 6 Ohio Rep. $40
"Ths alien and ssditiOa ial0s, tAs oeratious
regulations Of tke embargo and non intercourse
acts, The act to incorporate he Bask If The United
States. The recent bankrupt latD,
These and numerous other acts i0hich might be
mentioned, nOD repealed and i0hoily repudiafed
By Tie force Of public seRfiDeRt as anl0GTaAted
BY The Constitution, received a ready sanction IN
che Supreme Court Of ths United Siaies"
Shall the ediets Of such tribunal no mat