Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-04-26
VOL. 3.-NO. Ia

when made on due deliberatiOn up g,
matters Of private right and within
their jurisdiction. than have. 1
know how essential IL j. 10 the peace
and welfare Of every community that
the decisions Of courts settling the
| private rights of men in The last re-
sort, even II they are believed % 10
wrong, must lie lived up 20 aud have
effect. That has been my education,
my principle: what | have held al
ways, and hold to-day, bat in Just as
much as | revere an honest court.
keeping within its own jurisdiction.
restraining itself from all political
considerations. and adiudging the
rights of men according TO the law in
ITS purity, SO in exact proportion do
| abhor and scout from me corrupt
Judge. who. for any purpose. will i'm
perativcly reach over. outside. and
beyond the case before him. and en-
deavor to advance the political cause
of one party or another by decisions
that he may pretend Co make.
Sir il is the same with Federal
Courts as with every other. The mo-
ment Federal Court transcends its
legitimate authority, for the purpose
OF eflecting some political object. its
interference Is iinperti nent: IL Is Of no
validity: and, with the high courts Of
Georgia, | say. hold it in utter con
tempt. les. sir. to Mr.. Toombs
like the spirit of your courts. from
which you now arc SO ready 10 depart.
They stood mp against what they con-
Sidcred a corrupt decision Of this Fed
eral Court, and said they held it i'm
utter contempt. That was right
Well. sir, If there ever was a holding
on Gods earth that would warrrnt
any Judge. private man or Senator.
IN saying that he held IL in utter con-
tempt, it is what is called the Dred
Scott decision. so manifestly a usurp-
alton of power; SO manifestly done in
order to give bias TO political action.
that no man, though he be q fool,
can fail TO see it.
w hat was the case? An old negro
whom aye had rendered valueless.
happens 10 fall in the way of the poi
iticians at a period when It was
thought exceedingly desirable that
the question of Congressional author
ity over Slavery in the Territories
shall be tried, and bred Scott prose
cutes for his liberty In the Federal
Courts; and by the way, after he had
prosecuted his case through. and his
liberty was denied him by the court.
| believe the very next day the master
gave him his liberty. lie had served
the purposes Of the politicians, aud
they ought to have given him pen
sion for life for having been the John
Doe of the transaction. DO not
know of what authority the case may
be, but is gctting-up looks TO me ex-
ceedingly suspicious. There was a
concurrence OF circumstance that very
rarely happen of themselves. Old
Dred Scott sued for his freedom. and
plea was put in that he, being
a descendant of an African, and his
ancestors slaves, he could not sue at
that court; he had no right TO be theirs
had no standing there. The court go
on and argue themselves into the be-
lief that either man may be SO
monstrously low, or the court itself SO
monstrously high. that he can not
sue in its presence for his rights
| believe this is the first nation on
Gods earth that ever placed any NOR
tai man. or any body bearing the hu-
man form. on SO low level. or any
court on so high one. as that. But
let this 60. bred Scott brought his
suit. The plea in abatement was de-
INJURED TO; the question arose upon
that demurrer, and majority Of the
court decided that Dred Scott. being
a negro. descendant OF an African,
and his ancestors having been slaves.
he could not maintain a suit In that
court. because he was not a citizen,
under the law. Now. sir, j ask every
lawyer here was not there an end to
the case? In the name of God, Judge
fancy, what did you retain it for any
longer? You said Dred Scott could
not sue: he could not obtain his liber-
ty; he was out of court; and what
further had you to DO with al the
questions that you say were in
volyed in that suit? Upon every
principle Of adjudication. ySu ought
not to have gone further. No court
has ever held it more solemnly than
the Federal Courts. that they will not
90 on TO decide any more than is be-
fore the conrt. and necessary to make
the decision; and every lawyer knows
that if they do. all they say more is
mere talk, and. though said by Judges
in courthouse. has just as much
operation and effect as If il had been
said by horse dealer in a bar-room,
and no more. And vet we are to!i
that we must follow the dictates of
these packed Judges-for they were
packed. and | have about a. little re-
spect for packed court as | have for
a packed jury-a majority of them
interested, too. as ] believe, in the
very question to be decided; FOR be-
lieye the majority who concurred in
the opinion. were all shareholders.
and of course, if anybody was inter
ested to give favorable construction
to the holders Of that species of prop
erty, these meo were interested in the
question.
Strange as it NAV appear. those
who complain of Northern aggression
have not only every other department
under their fes;, but with lens than
one-third of the population Of the
North you happen TO have a majority
of the Supreme court on your side. and