The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1860-07-20

: rs Missouri but are also propert
in every part Of the world whereve
! the flag OF the county protects th
+ lives and property OF her citizens.
The Supreme Court, however, d.
not daro when deciding the Dire
Scott case, to declare, in 80 man
words, TINT sovereign states of thi
! Union could not exclude slavery an,
prohibit its existence within thei
Jurisdiction. The supporters Of th,
slave power knew that tho publ,
mind OF the North was no, preparec
for such declaration of their pnr
poses. They therefore preferred t,
take the safer course, and first se
cure the Endorsement and abquies
cencc of the people in the Drcd Scot
decision, knowing that the logica
result Of that decision would legaliz
slavery in all the states and terri
tories of the Republic, notwsthstani
ing their State Constitutions anG
laws might prohibit it,
Judge Nelson, of the majority oI
the Supreme Court, who concurred
in the Dred Scott opinion, is the only
Judge who approached near enough
to this point to give any in,imation OF
what would be his views in case as
Virginia has carried up from the
Supreme Court Of New York. In
stating his views, he admitted that
the sovereign states OF the Union
had legislative power over all sub.
jects, except in cases where the
power is restrained by the Constitu-
ton of the United States" He
adds:
"The law Of the state is supreme over the
subject OF slavery within its jurisdiction,
except In cases where the power Is restrain.
ed 10y the Constitution"
WHAT THE oLD PATRIOTS THoudnT
ABOUT JUDICIAL UsURPATruN.
Nathaniel Macon, Of North Car.
olina, on the same day, said:
According to some gentlemen, we were
TO regard the judiciary more than the law,
and both more than the Constitution. II
was a misfortune the Judges were equal IN
iniallibility to the God who made them. -
The truth was, # the Judge was a party man
out Of power. he would be party man IN.
The Office would not change human nature.
Mr.. Grayson, one OF the best and
ablest men in the old Republican
party in the day Of Jefferson, said,
speaking of the claim set up by
the Federalisis for the supreme power
and purity OF this Court, that
"Such has been the argument n all coun-
tries where a concession Of power had been
IN az taton. But that power ought 10 have
such checks and balances as viii prevent
bad men from abusing II. II ought TO je
granted on a suppostion that men wall be
bad. for II may eventnslly he ~ With Ir.
:pect to the JGdicisty. my grand objection
is that it will interfere with the state Judi.
Charles, there being no experimenting cen
trail power 10 keep in order these two con
tending jurisdictions, Thisis an objection
which ~ uulnSwerablr IN IT'S nature. la
England they have great Courts, which have
great and interfering powers. Bat the Goa.
trolling power Of Parliament, which IS a
central focus, corrcc's them But here eac h
party IS to SHIFT for itself There isno arb,.
Ter or power To correct their interference. -
Recurrences can only be had to the sword
Tne state Judiciary IS the principal defence
we have. Ii its independence IS 10 bC de.
Stroyrd, our only defensive arnnt IS taken
from us. Something has been sad of the
independence of the Feletal Judges. will
only observe THAT IT Is ON AS COR.
RUPT A BASIS AS THE ART OF MAN
CAN PLACE IT."
The Hon james Barbour, United
States Senator from Virginia, made
a report on the 9Th Of December,
1920, on the petition Of Matthew
Lyon asking for redress for r~vrongs
suffered under the seGition act,
which hal been sustained and en-.
forced by the Supreme Court. lie
said:
"The committee entertain high respec
| for the purity and intelligence Of the Judi
ciaIy. But 1t is a rational respect, Limited
bv a knOwledg Of the irailty Of human ma
ture, and The thsUTy Of the Constitution,
which declares that Judges may not onl,
err IN opinion, bat so may commit crimes
and hence has provided tribunal for the
trial Of offenders.
"In times Of violent party excitement
agi,ating the whOls nation, to expect that
Judges will be entirely exempt from its in
huence, argues profound ignorance o
mankind Although clothed with the er
mine. they are still men, and cary into the
judgment seat the passions and motives
common to their kind, Their decisions OF
party questions reflect their individual opln
ions, which frequently betray them uncon
sciOusly into error. To balance the lndg
ment of whole people by that Of two q
three men, no matter what may be Their OF
fetal elevation, rs to GInlt the creature o
the Constitution above It's creator, and I,
assail the foundation OF our political labrc
which is, that the decision Of the people Il
infalllble, from which there IS no appeal bu
TO Heaven"
i Thoma' Jefferson was one of th,
most earnest and allie opponents o
the doctrine that the Court is All
preme and above all the co ordinat,
departments OF The governm,n 1t
a letter to William T. Barry, datcC
Monticello, July 2, 1922 he said;
ave already see the power installed lo
life, responsible to no authority (fJr i'm
peachment IS not even scare cTow,) ad
vancing with q nOlsrless and steniy pace
: the great object Of consolidation. Pa
q foundations are already deeply laid, by the
4, decisions, for the annhiiation Of constltd
y tlonal state rights, and the removal OF ever
e cheek. every counterpolse, 10 the rngulpl
. ing power Of which themselves nIe TO max
p a sovereign part. II even this vast countI
is brought undera single government, 1t wi
e be one OF the most extensive corruption, ~
different. and incapable oi wholes0 =
care over so wide spread Of surface. TIL
=, will not be borne, and you will have
~ choose between reformation and revolution
d III know the spTit of thts county, the or
A; or the other is inevitable. Before the csl
d keI is become inyeterate, before ITS veno
N has reached so much OF the body polite
to get beyond control, remedy should be al
=. piled Letthe future appointment Of lnde'
be for four or SIX years. aud renewable