The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-05-09

abnega,ing TO the Court, after having for
SO many years been in opposition to it ?
We might go on with an analysis of
the clauses of the constitution relative to
the judiciary, and show that instead of
the Supreme Court possessing absolute
power over the other departments of the
government, it is really placed very much
at the discretion Of the Legislative depart
ment for, after detailing the few in
stances in which that Court has original
! jurisdiction, section 9, Of article 3, saws
that in all other cases "the Supreme
Court shall have appellate jurisdiction,
both as to law and fact, 0iM such creep
lions, and under such regulations, as Con-
gress shall make" We might also show
from the jealousy with which the franz
ers of the constitution watched all propo-
stions for revisional power, that it is
improbable that they intended 10 place
such absolute sovereignty in a body
whose numbers and qualifications they
left wholly underlined, a body which they
left entirely unrestrained. 1t seems i'm
possible that they should put into the
hands Of such tribunal the right to
make or unmake the constitution at will.
We mi ght also argue, and with perlinen
cy, that if there is necessity for final
arbiter of constitutional questions, SAT-
err depository Of the power is in the peo-
pie than in the Court. We have shown
that the people have overruled the Court,
and no man regrets it, and doubtless,
when necessary, they will do SO again.
We say we might proceed to argue these
points, but time and space will not per-
NIT at present.
The Republicans hold to the right Of
Congress to legislate for the territories,
and in the exercise of that right declare
that it is expedient and just that slavery
should be excluded from the public do
main. This is one of the main princi.
pies of the party-the greatest, perhaps.
1t is simple proposition, and we see no
difficulty about discussing il if our neigh
Dor wishes and we care not whether he
does SO in the light of the constitution as
interpreted by the Supreme Court, or as
defined by the statesmen OF the country
from the early fathers down. To GER
tain extent our neighbor takes hold of
this question in his last issue, but only to
distolt it. He says that the whole of Re-
publican logic is summed up in the pro-
position that because the first Congress
prohibited slavery in the Northwest Ter
ritory. therefore it should be excluded
from all subsequently acquired territory,
His premises are wrong. Republicans
do not rest the argument upon any such
narrow basis. They contend that the
constitution gives Congress control over
this subject in the Territories, and refer
TO the Legislation of the country IN sup
port of their position. The Ordinance
of 1897, re-enacted under the constitu-
ton, is part Of that legislation and is le-
Ultimately referred to. But our neigh
Dor says, inasmuch as that territory was
coded by the States, and not acquired by
the general government, the Ordinance
is not proper precedent. But what has
he to say relative to the Louisiana pur-
chase ? Slavery was prohibited in part
of that territory, and in the remaining
portion put under all the disabilities that
could be loaded upon it, consistent with
the conditions of the purchase. The ter
ritory of Orleans was denied the right to
participate in the foreign slave trade, ev-
en- before Congress had the power to pro-
hibit the importation of slaves, and no
man was allowed to carry slave there
from State, unless when emigrating
with his family, thus prohibiting the do
mestic slave traffic. Iowa, Minnesota,
and Oregon all had the slaveryrestrict-
ing clause in their organic acts. Grant
ing that the Ordinance Of 1877 affords
TO precedent, what will our neighbor do
with these facts ? They certainly show
that the Republican policy was the policy
of the fathers. Evidence upon this point
might be indefinitely extended. but the
length of the article compels us to stop
where we are.
IE- The Virginia Republican Stale
Convention met at Wheeling on the 1st,
and had very harmonious and enthusi-
mott. eocp;np nalaaafac u-ara v,.acan,