Worcester daily spy., 1860-10-31
SUPREME COURT SOVEREIGNTY.

SUPREME COURT SOVEREIGNTY.
The squatter sovereignty of Mr.. Thayer,
like that of Mr.. Douglas when thoroughly an
alyzed, transforms itself inte supreme cdurt sore
reignty in the territories. Mr.. Thayer never
tires of denouncing congressional action against
slavery in the territories, but he, like Douglas,
gives over the question of slavery to the su-
preme court. and fails to explain satisfactorily
how the black institution is to be kept out,
when it has resolved to go in. This theory Of
the supreme court, which makes it the final
authority on political and constitutional ques-
tions, and gives it despotic power over con-
gress and the executive, should be denounced
and hooted out OF the republic. 1t is the most
dangerous doctrine ever encouraged here by
our American Austrianism. 1t is very natur
al that slavery should adopt and use it, but
altogether unnatural and surprising that it
should get encouragement from any man
among us who fayors freedom and free in
stitutions 1t is not new doctrine. The
American people have spurned and trampled
on it once, and they can do so again. The
triumph of the first republican party, was
triumph over it and the second republican
party will put it down again.
The true doctrine of the republic, the doc
trne of Jefferson and Madison, is that the three
departments of the federal governmnt. the
Executive, the Congress, and Judiciary, are
equally independent, that it is the prerogative ot
each to intepret the constitution for itself, and
that, ON constitutional questions, neither de-
partment has authority to limit or rule the
Others If it were desired to make one de-
partment despotic over the others, we GER
tainly should not select that which is most
irresponsible and farthest removed from the
people The constitution intended to estab-
lish "three departments, coordinate and in.
dependent, that they might check and bal
ance each other" The theory against
which we are speaking would nullify
that instrument and exchange it for ir.
responsible dicta of the court, such as the
notorious "Dred Scott decision" AS jefferson
said, 'the constitution, on this hypothesis, is a
mere thing of wax, in the hands of the judcia.
ry, which they may twist and shape into any
form they please" No man who considers
the matter seriously will deny that any such
dangerous and revolutionary tendency of the
court should be checked, and the best possible
check is that provided by the constitution,
which does not allow its readings of that in
strument to bind Congress OF the President, or
to take precedence of their readings of in any
respect whatever. The Supreme Court has
authority to decide cases, but not to amend
the constitution.
The ''Dred Scott decision, so called, is one
of the strongest reasons for continuing to as
sert the right and duty of congress to prohibit
slavery in the territories. declaration of
congress on this subject has quite as much au-
thority as declaration of the court, and con.
gress should continue to assert its independ-
enee and authority, in this case, in order to
maintain them, even if there were no other
reason why it should do so. In the admirable
speech which Col. Bullock delivered in Fame.
uil Hall, last Saturday evening, he touched
this point as folIows:-
"And if the supreme court shall interpose
its juridicial DEGREES 10 thwart the logic of
Saxon race on the western continent in its ca
reer of civilization, we stand upon the opinion
Of Jefferson, that the supreme court usurps
unwarrantable powers, when it attempts to
adjudicate political questions affecting man in
his elemental conditions and relations Stand
ing upon that opinion, intend to leqislate in
congress for the protection Of ffeemen and free la
Dor in the territories. (Applause.) II politicians
in erie shall repeat the Decree ce intend to repeat
II .I.tsa .
time, the great retormer, and death, the great ad
juster, shall bring presidents, and courts, and con-
crosses back to the original purposes Of the goo,
ernment loud applause.p
Yes, we must maintain the right and duty
more persstenty than ever, and "time, the
great reformer, and death, the great adjuster," ]"
will set all right There was a time when the
old sedition law was held by the courts to be
constitutional Men were tried, fined, and
imprisoned under it, But, who, in our day.
will undertake to defend it as constitutional
where is the court that would do it honor 2
The day will come when the "Dred Scott de.
csion" will be more frendless in the courts
and throughout the country, than that ugly
old sedition act; but this rescue of the
constitution from the dangerous hands of
the non Intervention destructiyes who repealed
the Missouri compromise restriction, will not
be effected by adopting their theories and de.
nouncing congressional action in the territories
as a "humbug." We must, Oh the contrary,
stand by the old policy OF the republic, "stead-
fast as wall Of brass" and never, for one no.
ment cease to assert against the usurpation
of the court, the right and the duty Of congress
to interpret the constitution for itself, and to
exclude from the territories slavery, and every
other barbarism that would break down or en-
barrass ADMINISTRATIONS of free society.