Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1860-06-16
For the Intelliseneer-l
SECTIONAL sTRIFE-.No. IL.
ZEE pREp scoTT DECISION.

a little before the Christian era, that he
could not tell how two augurs, while m
speeding the eutrails of a victim, could
look each other in the face without laugh
ing. The question now arises, now Two
Southern lawyers, while discussing me
pretended bred Scott decision, can look
each other in the face without laughing.
The thing has not one element of solemn
Judgment of the Supreme Court. An old
im6eciie Missouri negro knocks at the door
of the Court. He is told, 'tYou cannot
come in, sir. You have no rights which
this court or any other court of the United
States is bound to regard. You are ne
gro. whose ancestors were of pure African
Blood, brought into this country and sold
for slaves You are not a citizen within
the purview and meaning OF the Oonstitu-
ton OF The United States; but mere thing,
G chatrel, incapable OF receiTiUg wrong OF (
applying for redress. At all events, we
are desd certain that you are not one OF
those citizens who are authorized TO sue
in the courts of the Union, and your whole
-aea is in the same condition No ebony
hide or wooIly head can ever be endured,
for moment, as plaintiff in any national
court" Yet, because this old negro had
merely blundered towards their, court,
most nrobablv hired 10 do so by. q set of
scamps. who are now laughing At the sue
cess of their knavery, the Supreme Judges
fall to work to repeal construction of tho
national Constitution, universal. and nm
questioned during the first sixty years of
the existence of that instrument. And
we may add that in repeating the CoustI-
tuition, they repealed a statute which, in
the opinion OF millions. was rs sacred and
as venerable as any portion of the Constl-
tuition. And we may further add, that in
repeating this statute they repealed all the
moral force and influence of the comPro-
mise measures of 1880. And all this at
/ the beck and call of an old negro, who
was incapable of suing in the lowest ma
tional court! Q, mighty, potent, iuhuen-
tial, available old negro, keep away, we
entreat Won. from the federal courts, do not
even wink ut those august tribunals, or
we. the unhappy citizens of the Northern
( States; may be deprived of every right
/ which We hold dear!
/ In the last communication, l trust, it
was made manifest that these men were
! disregarding every precedent in the records
I of their own court; that their usurpntion
finds no support in any former report of
! any case argued or determined in the ST.
Sreme Court of the United States. Let
no reader suppose that any other author
ity can be found more favorable to their
proceedings When Judge Blackstone un-
dertakes to teach US the n, b, c, of the
law, he tells us that "A court is q place
in which justice is judicially administer
ed:" then. after some further ooScTvn-
tons. INC proceeds as follows: "In every
court there must be at least three con-
stiturut parts, the actor, reus and iudex:
the actor or plaintiff, who complains OF
an injury done, the reus or defendant,
who is called on to make satisfaction for
il; and the iudex or Judicial power
which is to examine the truth of the fact,
to determine the law arising upon that
fact, and if any injury appears to have
been done, to ascertain and by its officers
apply the remedy" See third volume o.
Blackstone's Commentaries. page 90
Reader, just think of the absurdity of a
court of justice going on graveiy TO decide
questions without its two first elementary
constituent parts. without either plaintiff
or defendant; for if there is no plaintiff ca
pable of demanding anything. no defend
ant is called on TO deny anything. 1
old bred was incapable of commencing
original proceedings in the Circuit
-IlTn HSs : III = rue : Supreme touFt. Chic
Justice fancy says that it WAS necess
nry to do this in order to prevent wha
he calls mischief aud injustice in future
suits How can there be any future suit!
"a thi5 anu. lCll iuCs W. tuVN ludu ~ Ll'
EOary locks and wavering sight, and din
and faded eye, how can there be any futur,
suits after the Supreme Court has decided
that no van Of African descent can evel
appear in any national court 10 assert his
right to freedom? If this pretenCe of in
structing the subordinate courts were
valid one, every Supreme Court in every
State, might wander away from its jurs.
diction, to Instruct the subordinate court,
in all manner of polical questions. With.
il the last seven or eight years grea
number Of constitutional questions have
been argued and determined in the rSu.
prene Court of Ohio. Ia 1852 the case o
the Cincinnati, Wilmington and Dayton
Railroad Company against the Commits.
sioners of Clinton county. came up fol-
decision in that tribunal of last resort
The question was the constitutiOnality o.
the enactment, which provided for sub.
scriptiOn Of stock by Clinton County,
See II. Cooks Reports, page II. Now
suppose the Supreme Court had first deci-
ded that no artificial person. no corpora
ton, whether created by the laws of Ohio
or of any other State, could ever sue
in the Courts of Ohio, could ever be q
plaintiff or have standing room or be
heard in any such Court, and then had
gone on after diYesting themselves of par
ties, to discuss and determine the rights OF
these corporations, and to overthrow a
yenerated statute of the General Assembly
as unconstitutional in compliance with the
wishes and opinions of a small minority,
but in open hostility to the wishes and
opinions of a vast majority of the people OF
OhioI This WAS precisely what was done in
the bred Scott case. An alien enemy is
incapable of suing in any of our Courts
state or national. But suppose suit ac-
tualiy brought by such man; if the de-
PENDANT would show ON the record, the hos
tility of his government to ours, and the
open war raging between the two coua-
tries, the Supreme Court would soon dis