The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-02-24


ed the people, or the fruits of the Revolution
would be only strife and impotency. Fortunately,
! the Constitution had provided tribunal, ire
sponsible and dignifed, and filed by those who
deeply sympathized in their fears. This tribunal,
if sufficiently strengthened, might be able to
build upon this Constitution the ark of our de-
liverance
There were two obvious ways of strengthen
ing it. First, by extending its jurisdiction; and
second, by giving it supreme sway over the
minds of the people.
In Jurisdiction, they at once succeeded as fully
as could be desired by the most devoted Federal
list. In reading over the twenty-fifth section OF
the Judiciary act of 1889, have often wondered
at the tameness of the States, thus at once made
vassals. If the Federal court may not only try
ceases" arising under the Constitution; if, in
such cases primarily brought in it, it may not
only solve for itself the doubt as to whether 1t
may be Federal or is a State case merely;
whether power has been yielded or withheld;
but if, whenever any State tribunal, the tribunal
Of a sovereignty per Sc, equally bound to observe
the Constitution, and possessing larger powers,
shall decide that power is reserved" and not
delegated" this Federal court may step in and
take from it Jurisdiction, upon mere clam OF a
party, then, indeed, the federation becomes really
a nation, and the discretionary overseer OF the
States. Though many seem to have lost sight
of it, yet it is really against the jurisdiction given
by that section, that the struggles of the State
rights Republicans have been ever since directed.
Why it has not been repealed, greatly wonder.
Why this club should be continued in the hands
of this court always rampant against the States,
is passing strange.
But perhaps a solution may be found in the
second method adopted by the Nationals, then,
as now, to give permanence to their views.
We bow TO opinion, not force. Hierarchies and
thrones rest upon the superstition of men. Blind
reverence is always relied on to cherish authority
that reason disowns. The friends of this court
and its claims have sought TO clothe it in the
robes of majesty, and 10 enthrone it upon the
seat of serene infallibilty. We treat our State
courts with the freedom that belongs to human
tribunals approving when right, cOndemning
when wrong. But when, from yon mysterious
vault, the enrobed nine send forth their tones,
befogging by their diffuseness even when an
nOuncing the plainest principles, and still more
bewildering by "words without knowledge"
when essaying some constitutional con-
struction, as they call their attacks upon the
rights of the States and their citizens, we are
taught to bow without question, as the faithful
to the DEGREES of the Grand Lama.
Having thus given the Federal court control
over the State Judiciary, and taught super
stitious reverence for its opinions, single con-
stitutional Interpolation only became necessary,
to make its authority complete. The Constitution
gives jurisdiction in certain leases" L. e., suits
between parties. If this authority could be ex-
tended to all questio1lS as well cases, the most
ardent centralizer could ask no more 1t is plain,
that if | seek an advantage, right under writ
ten instrument whether it be a constitution, stat
ute, or contract, must be governed by the con-
struction given the instrument by the tribunal
whose aid invoke. This is equally true, whether
| seek the Intervention of a Federal a State
court executive officer, Legislature, umpire.
Each power will give me relief in the specific
case, as it understands my rights under the in
strument, and must, necessarily, so far construe
that instrument; but 10 give decisions upon ques
tons and principles by which other departments
or tribunals of equal authority shall be bound in
other cases, is quite another thing.
If the idea could be generally infused into the
public mind that this court had jurisdiction to
/ decide all constitutional questions; could be
made like the councils, the final arbiter of faith,
/ by whose opinions upon the political theory sup
/ posed to be involved in the cause all should be
/ bound, the end of the consolidation party would
be attained Law and order would erect its
| throne upon the seat of liberty and law, the
/ democratic element be held in check by the arm
, of power and the sentiment of loyalty; and from
! a disjointed Confederacy would spring great
| and consolidated empire. To thus infuse that
idea was directed every energy. True, Mr..
Jefferson and few others have always fought
! against it but they seem almost to have fought
in vain. [See appendix. From then till now,
| the leading Federal idea has possessed the pub
lie mind. Legislators, Presidents, orators, essay
/ lists, whether conservative or demagogne, con-
stantly, and with confidence, appealing to the
varying and contradictory opinions Of Federal
judges, denounce the impious dissenter. Does a
| United States Bank, looking in vain to the Con-
| stitation ITSELF demand continued existence, It's
| Webster with ! poFer alone his own, rallies US
to the support of its shield, the court, as the
final arbiter of all constitutional questions.
Does the genius of personal despotism, from Its
local abode look with jealousy upon our Joyous
| Freedom and seek to cut off the great domain
from its enjoyment, the ready opinion of an
eager court is proclaimed by the President as
| the ultimatum and, from that opinion alone,
Slavery is enforced as ihe general law. Does
the State, tired of monopoly, seek to grant to
others the same privilege hitherto given alone
TO corporation, or to otherwise change the law
creating it, we find the court making the strange
discovery that all charters contracts, and
Lavond the control of the State. Thus all cor
Ii poratioss, and the multitudes interested in cor.
porations, oppresso.S, and the mutitudes whose
chief glory is to hate the subjects of oppression
Instinctivey rally around this court, aad wonder
that any one can doubt its final authority upof
all questions as well as cases
Of all the departments of the Government
the Supreme Court should be the last one Il
decide political questions. If the people arr
the source of power if they adopt their funda
mentaI law, they must ultimately give it con
struction 1t is not possible that they intended L
give to a body Of eight OF ten men, chosen for life
and almost wholly irresponsible to them p0we
, to modify and change their Constitution a
pleasure, as some new light or new influence
/ shall inspire them. It is not possible that tn
States intended to give their sovereignty to sucl
keeping The bunder of its creation and it
0 early powers-thGse strange oversights that grea
S men might be guilty OF, who were intent alon
= upon traditional dangers, and, scanning lie his
q tory of all people, found neither example no
?. peril, because their system itself was withbu
e precedent, cannot be thus interpreted. No; th
people of the States, both through their severa
S State Governments and their Federal represent
n atves, are the or.y power that can legitimatel
d decide these questions. -sfd if the FEEDERS
d court, after they have become 80 0nes 1:Yocall
o decided shall, in eases before them, refuse I
N conform 10 suck decision, then il becomes Ia
duty Of the people "tc alter or abolish it,"
Is The character of that court decisions denian
e that we hold It strictly to the law. have ,otl
a ing TO say of the Judges personally; ! suppos
e them to be like other men, generally honest, b'
d liable TO be swayeG by private interest, class
n local jealousies, and party passions, and needin
is like Others the restraining influence of the tie
rors of accountability. have alluded to some
re their decisions; have no time to speak of the
IT at length, and will content Iysslf with quoting
A. criticism of Chief Justice BARLEY, OF log Ov
al State, only remaring that his criticism has bee
Y, endorsed by the Democratic party of Ohio by r
ID nomination for the Supreme bench immediate
VS. after it was made:
1T is remarkable fact, that almost every nnHafrs
h able stretch by Congress has been sustained by
&c Supreme Court of the United States This Is matter of pr
lie history The alien and scdition laws the vexatous reg
CT laons Of tie embargo and intercourse acts the act
n incorporate the Baaa Of the United Sates;''