Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1860-01-19
james buchanan and John c.
Calhoun VS.. the Supreme Court
\ Of the United STATES.

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At the present time, there are many
politicians who seek to give to The Dred
Scott decision so broad an application that
according to their theory, nearly all the vi
tai questions of national politics are au-
thoritatively adjusted by it, and ''settle-
ment" thus made, of so sacred character
that it can defy all the surges of public
opinion, and entrench itself beyond the
reach of the political action Of the great
body of the American people. So far as
The question the Supreme Court really did
! decide, according to the strict legal view
of It's decision, extends, this opinion is no
doubt correct 1t has been authoritatively
settled thst Dred Scott, being negro, was
not citizen of the United States, aud,
therefore, could not institute q suit in the
United States courts; and, unless this opn-
ion is reversed, it must necessarily remain
binding law of the country. But that
the mere incidental expressions of opin-
ion by any or all the Judges of the Su
preme Court of the United States, on
questions not legitimately and necessarily
brought before them for adjudication, are
to control the legislation and the whole
policy of the country, is one of the most
moustrous fallacies that were ever advoca-
ted; and, of all parties, the Democratic is
the last which, by its antecedents, its le-
gitiinate character, or its former history,
would be justiied.in regarding the Judges
Of the Supreme Court as the authoritative
exponents. of its creed. and the embodi-
ment of the political wisdom of the eoun-
try: for the Democratic party has, in form
er times, always boldly insisted upon its
| right TO place its own construction up
on the Constitution, in conducting the
legislation Of the country, leaving to
the Supreme Court its legitimate duty
of passing judgment upon all mooted
questions which came before il, and respect
ing its action so far as it is properly and
necessarily called forth, but no further
The true province of judges is 10 interpret
laws, not to make them; to see that great
constitutional rights are respected, crimes
punished, ard vested interests protected /;
but not to direc: or control the legislation
or the politics Of the nation. a-r
When Mr. Buchanan alleged in bis mes
sage "that the Supreme Court had finally
settled the question of slavery in the Ter
ritories," be made an allegation which no
one better than himself knew to be un-
founded. Even if the Supreme Court had
Do b., 10 x,-hJa hn rafa
after it had heen legt:mately brought be-
fore them, no man need ask a better and
more conclusive pretext for disregarding
such decision than that furnished by Mr..
Buchanan's own example. We have here
tofore published an extract from his speech
in the United States Senate, on the 7th
of July, lS4l, when the United States
Bank question was under consideration; /;
but, for the purpose of refreshing the MEM
ory of his present adherents, we publish
it here:
s'Now, if it were not unparlianientary
language, and if l did not desire to treat
all my friends on this (Whig) side of the
House with the respect which feel for
them, l would say that the idea of the
question having been settled so AS TO BIND
THE coNscIENcEs OF MEMBERS Of Congress
when voting on the present bill is RIDIC-
ULOUS AND ABSURD. If ALL THE
JUDGES and ALL THE LAWYERS IN CHRIST
ENDoM had decided in the affirmative,
when the question is thus brought home
10 me as legislator, bound to vote for or
against new charter, upon oath to sup
port the Constitution, MUST EXERCISE MY
OWN JUDGMENT. l would treat with pro-
found respect the arguments and opinions
of Judges and constitutional lawyers; but
if, after all, they fail to convince me that
the law was constitutional, SHOULD BE
GUILTY OF Perjury BEFORE HIGH HEAVEN
if voled in its favor.
"But even if the Judiciary had settled
the question, / should never hold myself
bound by their decision while acting in a
legislative character. Unlike the Senator
from Massachusetts Mr.. Bates,) I shall
neUer consent to place the liberties of the
people IN the hands Of any judicial tribu-
nal
.sNo man holds in higher esteem than l
do the memory of Chief Justice Marshal;
but I should neper hare consented 10 make
epea him the final arbiter between the
Government and the people Of country on
questions Of constitutional liberty"
Tbera !. o,so on record q still stronoor
and more sign;6cant expression of oninion