Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-09-10
WHO ARE THE pEsTRuCTIyEs .

He showed how the federal Judiciary might
be used as Subtle corps of sappers and
miners constantly working underground to
undermine the foundations of our confederatet
fabric No American statesman ever studied
this subject more carefully than jefferson, AM
none has ever spoken on it more clearly ant
justly. The federal judiciary is the mos
independent and irresponsible department o
our government; and therefore, when CONTROL
ciples, it may easily be used to change the
character OF the government by exterminating
these principles.
1t is through the federal judiciary that the
institution of slavery attacks our free institu-
tons. The supreme court is used to destroy
the old doctrines of the republic and introduce
new ones. 1t is used to introduce new and
startling theories and interpretations of the
constitution, and TO give them all the force of
absolute and Interchangeable law. If these UNI
dermining operations of the court could be
made successful, the political work of our rev.
dictionary fathers would be destroyed. The
court was established, not to amend or trans
form the constitution, but to try cases. 1t has
no power to decide anything but the cases be-
fore it, and the most unwarranted and danger
Gus theory of the court ever started is the the
DRY which gives it power to bind every other
department of the government TO accept its
interpretations of the constitution. The or
thodox view of the matter was stated by Mr.
Jefferson as follows =
cit should be remembered, as an eternal
truth in politics, that whatever power in any
government is independent, is absolute also
in theory only, at first, while the spirit of the
people is up, but in practice as fast as that
relaXes. Independence can be trusted no,Uhere
but Nth the people in mass. My construction
OF the constitution is that each department
of the government is truly independent OF the
others, and has an equal right to decide for
itself what is the meaning OF the constitution
in the cases submitted tor its action, and espe
cially where it is to act ultimately and without
appeal"
Within a few years, the supreme court has
introduced the doctrine that slaves are proper.
ty in the same sense that oxen and horses are
property, and that they may be taken to the
territories and held there on the same footing
as other property 1t is readily seen that this
doctrine would presently establish slavery in
all the free states for if slaves are held
on the same footing as other property, slave
holder in Virginia has the same right to bring
slaves into Massachusetts and hold them here,
as he has to bring oxen or cows. This doc
trine is new, and it requires no unusual sharp
ness of perception to see that it is dangerous.
l.
the new doctrine which was used to Justify the
repeal of the Missouri compromise restriction,
and which is intended for other bad uses We
mean the doctrine of ''nonintervention, the
doctrine that it is unconstitutional and improp
er for congress to interfere against slavery in
the territories. This breaks down the old
policy of the government, and deals with both
the constitution and the early practice of the
government with the most surprising audacity
But it is the only continuance by which the
slavery propagandsts can hope to succeed :.
and it is to be used to reopen the African
slave trade when the time shall be ripe. Some
southern extremists clamor to have the slave
trade revived by act of congress, but the more
stealthy conspirators against civilization in
tend TO have the supreme court declare the
laws against the slave trade 'unconstitution-
ali and then they will engage in it to any ex-
tent under the cover of "non.intervention."
1t is very singular that such revolutionary
and destructive uses of the federal judiciary
should be countenanced by men who under.
take to assume a monopoly of all the friendly
coli 10 g.
ton and The Union" And it is remarkable
also, that there are men whose politica
belief is shaped by the assumption tina
the dicta of the supreme court on consti
tutional questions must be received a
final and changeless law; law Tor tn,
president, law for congress, law for every
body, and law for all time. Those VIII
take this view of the matter might as well Y
further, and commit the whole government q
the country to the judiciary, with the chic
justice for autocrat The trainers of the gov
eminent established three departments, co
ordinate and independent, that they nigh
check and balance each other and they die
not give to one alone absolute supremacy ovel
is unelected least responsible, and farthest
from the people.
More than once, in the course of our history
has there been controversy between the SUI
preme court and the other departments of the
government; and the final decision has inyari.
aoiy been against the court So it was after
inc passage ofthe alien and sedition laws. So il
mas oeen on other questions which those famil.
lar WIN our political history will easily recall.
Aud SO II will be hereafter in regard to the
strange doctrines by which the court has of
late undertaken to Nationalist slavorv AID
make il eternal Under our government, ,ho
ultimate and absolute authority is in Tho noe
pie, and, soon or late, they will aupv ,bo
proper correction. Abraham Lincoln saws
"Iae people of the United States are tho
right ] masters Of both congress and courts.
And he says also :-''If were in congress
aud vote should come upon a question