The gazette and Democrat. (Lancaster, Ohio) 1860-1860, 1860-07-05

have referred is one of the earliest prece.
dents on record establishing the right Of
the power that creaieland prescribed ,he
duties of these courls-sto repeal the law
and thus legislate these judges and clerks
out Of offire by the power that bfeathed
into them the breath Of life; After a full
investigation of this subject, believe the
only practical way, without change in
the Constitution, TO reform the gross a.
buses, not only of the Supreme Court, but
Of the United States district courts, ia.
first, to reorganize thu Supreme Court,
and either create additional judges, or re-
district the circuits in such manner as
10 equRlizo the ,businAB and Esquire the
judges TO be residents Of the districts for
which they were respectively appointed, /,
or in which, by law, they are required to
attend courts; and, second, to repeal the
laws creating district courts and defining
their jurisdiction and duties; thus legis
lating your judge Kancs, Magraths, and
Joneses, out of Office.
If new district courts are indispensable
let them be carefully organized, and the
judges be clothed with just little power
and as limited jurisdiction as possible.
We should make business and the wants
of the country only basis Tor creating
districts: and not create districts and Of.
fees for broken down politicians, as has
been done to an extent that would aston
ish the country could it be known. AS
an evidence to this fact, look at the State
Of Florida; with less than half the popu.
lation Of my congressional district, she
has two United States district courts, and,
Of course, two judges; Tennessee, three;
Missouri, two; and so on to the end of the
list. Sir, unless man has carefully ex-
amined this subject he cannot conceive,
and even after an examination will be re-
luctant to come to the conclusions, which
| confess l have, to wit, that he Supreme
Court is, as Jefferson declared it 10 be,
"a subtle corps OF shappers and miners,
constantly working under ground to un-
dormine the foundation of our confedcrat
ed fabric" "Theya are constructing oul
Constitution" ne added, "from a co .ordi.
nation ofa general and special Govern.
ment to general and supreme one alone. -
| feel confident that if these usurpations
of this court be not speedily checked. the
rights Of the States and the liberties of
the people will be endanged; and the dan
ger is the more imminent. from the fact
that a class interest have secured the alb.
solute control Of this court; and having
secured it. now demand that the party
which they also control shall proclaim,
through their Presidents, and party con.
venlions, and party press, the doctrine
that the politica! decisions of majority
Of these nine men are infalible and uind.
ing upon the party, without the benefit Of
an appeal to the people. The extraordi.
nary spectacle is presented to the world ot
once great party, which cherished and
defended the rights Of the masses, having
been taken possession Of by an oligarchy
and the doctrine proclaimed that there
must be an uncontrolled absolute power
in tho Government somewhere, from which
there can be no appealj and that power
they claim to-day must be vested, not il
Congress, or in the States, or in the peo'
pie, but in the nine men who constitute
this Supreme Court.
Sir, the Republican theory is, ths. thu
government is not the master, but th(
servant. Every department was createc
by the people. not for the benefit Of any
class interest, but for the safety aud hap
piness of the whole, and every department
is subordinate to their will. Governmen
is but means TO an end, and whenevcI
it ceases to answer the purposes for which
it was erected, the people can alter o
abolish it.
Sir, neither the executive, nor Judicial
nor law making power is supreme. Th'
Constitution is above them; and the peo
plo, who made the Constitution, and vest
ed temporarily the authority Of enacting
executing, and adjudicating the laws, ar
above and superior to all. This absolute
power, therefore, claimed for the Suprem
Court by the Administration party, mus
be resisted, because there cannot will
safety be any department Of republican
Government from which an appeal to tn
!, people cannot be taken. If there is al
absolute power in any Government tha
is above and superior to the people, 1t /
a despotism. In an grafton delivered b.
John Quincy Adams, July 4, 1881, an
? cited by Judge Story in note to sectio
208 Of his Commentaries, he says, in re
ierring TO this subject: rr e... .
at ia not true, that there must rcsid
in all Governments an absolute, uncor
trollable, irresistible, and despotic powe
nor is such power in any manner esser
tial to sovereignty. Uncomfortable pow
er power exists in no Government 0
earth. The steruest despoiisps in an
f region, and in every age of the world, al
r and have been under perpetual control
Unlimited power belongs not to mani an
rotten will be the foundation Of ever
Government leaning upon such IL maxil
for its snppor:. Least. of all can it
D predicated of Government protesting
! be founded upon an original compact
The pretense of an absolute, irresistibl
: Gespotic power. existing in every Cover
, mcnt somewhere, is incompatible with Il
first principles Of right
/ Sir, these welI,considered reflection
made by one Of the wisesl and best state
/ men who since the days Of WashiDgt,
adorned and digni6ed the the PRESIDENT
5 office, are we'll worthy of the serious 90
| sideration of the people at this importa