Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1860-07-31

NO. 81

E
= IN their own way
Now, A. 10 the question whether We will
abide by the decisions of the Supreme Count
If the phrase i meant to indicate aequiescenee
in the decisions of the Court upon all cues
lions Involving the prnperts rights or osher
franchises of citizens States which may
properly come before the Court fer decisron
under the Constitution and laws OF the United
States, thea we say. we shall certainly al all
times checrfrlly abide by such decisions. Bot
# 1t Is meant To convey the idea that in 'abid
iug by the decisions of the supreme Court
the individual is bound 10 give up his right of
private Judgment upon Constitutional questions
or any other; that the citizen Is bouEd to mod
ify his political op'aions and cast his rote ia
accordance with sGch decisions /; that Congress
in thc passage of laws or the President IN the
execution of Ihem SHOULD fo-ego their owA wis
dom for that of the Judges. then we unhcs.-
atiugly say that we will not in such sense
abide by lhe decisions of .he Supreme Court"
In o.her words. when the Supreme Court
decides bat the Slave DEED Scott. who had
BEEN voluns;ly carried by his master into a
Territory where slavery not known.
80 \ slave aud The property Of that master
after Us return to VI ssouri. we willingly con-
cede tha: the decision is binding on the par
ties. though We cannot be icve II Just But
when the Court undertakes to decide that lie
Constitution establishes slavery IN the Terri
tories 50 firmly .hat earthly power " can
remove il. we refuse 10 abide by that decision.
We s.ill Ella m that Congress aad The President
have tie risut 10 entertain and enforce diff
ent opinion. and that be dccr>iou of the Court
may he practically nplifed 10y the moral force
Of Il unter decision 10y a majority of The pco-
pie.
We do not propose 10 rest important a
case on our own opinions which confess arc
OF but little moment. We will quote "a few
authorities which ought 10 be we'll received iu
Democratic q cles.
jefferson says, i'll letter addressed to Nr.
JARVIS and dated Monticello Sept, -. IsaO O:
You seem, in pages 81 and I4s,
% consider the Judges as the nj Innate arbiiers
of nj! constitutional questions-a very DANCE
ous doc rine indeed, and one which would
place us under the despoiisn of a oIirarcbv
Our judges are as honest Other men and NOT
moe 81. They have, with others tine SAME
p;,Ss.ous for party. for power and he prIvIlcce
toi 'neir corps Inelr maxim Is. bonn jaalicis
! q
more dangerous rs hey 4 ia office for life.
and not responsible. rs the other fnnc:ionaries
are, to ihe elective cuut!ul The Constitution
ni'' e ec'ed 20 such single tribunal, knowing
that, 10 wha,eser hands contided, with the
eo':upi"hS "i lime anI patty. IS members
would become despots. Ii has more wisely
made all the depar eu-eaual aud co-sov-
ereISn wIthiu themselves"
In a letter 10 Thomas Richie dated Dec 2J
1920
The Judiciary of The Tp;t.d
States ls the subtle corps of sappc-s and min
ets constantly working under ground 10 under
In'ne The Iouhda,'on of or coniede7:. cd fab
ric lhey aFe constituting cur Consultation
irom a COO -dIna,IuH of a q ele-:.I ami sU.cial
government 70 u general ID supreme one
alone"
In a letter 10 Edward Livingston. March -.
1925
lone single object, if your provision ,t.a;ps
II, VIII cntHle you 10 the endless gratitude nf
sJclct y-thaf Ui restraining Judges from 1tst,rr,
IbS eStsta'ion. 4 I'D wuh 40 body OF ,neu -
lhis restraint more wanting ihan win tie
Judges oi wuat D. commonly called our General
Government. hut what | call our fs eira de-.
par,meHt. They are prslc,lcing on In. Cum
siIiulluu by differences. ..u;l',,yicS .t1d s,nh-
lsns as hey wuuld on an ordinary law. They
do moi seem awaree ,EaI u - not e.en 4 tontI-
t"f'ot 'ornied 10y a siuglc BuJku itv. and sub
rpi.
Out hat IL Is a compac, OF many 'nacpcndert
powers @ very single one of which ciain,s an
equal right 10 understand it and req. "a its
observance. However strong tt,e cord @! com,
pact may "e' there IS 4 PoIn- %: ,ci,siun where
az vail break"
Ia letter to Wm. II. Torrance June II.
1873:
Whether Tie judges are infested with rx.
citNlFc authority q" decade tie cuu-fitr,i ftrt.
fI d. e. f.f ist, H..
foa-'"crltI"n ~nh me IN lhe exercise o. ofiic-
I@l duile-. Certainly there Is not n woy,l IN
he Constitution winch h.s given that uowtr
90 them more ,han 10 ne Executive or Ler,s
laIrc branches"
John Randolph said in the House of Rer-
resentatatiyes. see. Annals Of Congress. pag.
6GI:
The decision Of a constitutional ques,inn
must resi- s"meehe'e. Shall i, be contitIed Il,
peu .anmeiiaieiv fespoHalUie to the peanle or
o those VINO are Irresponsible for H.. RAM
s.0iliy 10y Impeachment Is Iit,le les tban :,
name. From whom Is a corrupt d.cis-o, 4,
be most feared To me II appears that tb,.
power which has the light of passinr u-itboot
appeal. on The validity of youc laws. j. vour
sore elgh- But, sir are not as
deeply Interested in the true exposition, of
he Cons I,utInn as the judges can be With
all .hc dfiIeteuce 10 their talents. is not Con-
gr--s a. capable OF form ~ a correct .opiui,,u
f n hey - Are uoi as members acting nm
der 4 responsibility 20 puhlir opinion. gLjrh
can. aad viii check -theIr Alterations fo,r dn-
F ~"
. Andrew Jackson said 10 his message ve,oino
the bill! 70 rec after the L. = Bank
If the opiaiou Of the Supreme Cont COW
cred the whole gfouHd of this act. Il OUGHT no.
70 control the co-Ordrnaie aui horfties of ,bi.
Government Tue Congress, he E=ecfg.i,.
aud The Court. must each for ifse!i be guided
by It's own opinion of The Consli. ulios. Each
public officer. Who takes an oa.h 10 sunni.
the Constellation. swears that he VIII srin
port 1t as be understands 1T. and not a. !, IL
understood by others IL - - much the datv
f the House Of Representatives. OF fI,. S,..nt.
, and OF the President 10 decide upon the can,
stiiui ioualIty Of any bill Or resolution which
NAV be presented 70 them tor passage or an-
prorai - u ) Of ihe supreme Judges, hen II
may be brought before hem for judicial c.cis.
ION The opinion of the judges ha, no more
authority over Congress than the opinion of
Congress over the Judges and on that point
ihe President i independent of both Tb,
! authority Of the Supreme Court must uor :
therefore. he permitted To control the Congress-
/ or the Executive when acting in their Ies,,sIa.
tive capacities. bat to have onIv such influence
a. the force .: their reasoning may deserve -
With this evidence that we are no, alone in
the belief that the Supreme Court is neither
infallible noF,as regards the Coordinate branch
es of government. Supreme. We are willing to