New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-25

,, a,s en- nae under cue acl because the act itself
vas rernpDaOt TO the Constitutior IN clothing mere
Commissioners sb judicial 90 sers and also Gcuyi,
jury usl 10 persc claiming TO be free inhabllan
of Wise nsn and becaaNe the Constitution gives Con-
gress no power to lcSels,e on that subject. After
ward Booth and Rycraft were reayrested and con-
vcteo In tic District Court bot discharged on hear
ing before full bench Of the Supreme Court read from
the opniCns, ! Justices Crawford aud Wilton, Sd
Wisconsin Report, pp. ~, 80, 81, S2 also, Go, 6;
also, T15-6-7-S. He continued, question his
opinions if you will, confu;e them If Won can;
but where, ask, is any evidence 10 be
found in he opinions bad faith corruption 10 Office
Of official "fe'iur," Of raing his " boods,sned
hands over violated Constitution That Senator
(fomlsl 1t 90 himself 60 this Senate 10 the State
Of Wisconsin, 10 the sacred memory of the dead to
take back every word that he has uttered calculated to
mpugn in the least degree the upIighness aud integ
Tity of that Judge who pronounced the decision OF
which he complains He read further from opinions
o. Judge Smith Sd Wis Report, PIP IL %, 1884, ia,
ll6-l7, lle2C-2lj Mr.. ID. commended these entire
opinions To- the Seuae and the country opinions of
able judge, thoughtful and earnest men, graphing
with the gIavtst questions underlying the whole sys-
TEN Of Government He admitted that had he been
consulted lawyer, at that time, as TO the power OF
Congress gslae the subject of the rendition OF
fugtves from service he shouid have declared nfayor
of hat power. Since then, however, by The able dis
cnsson of the IN his own State ard by his own
careful tention, lie agreed with Justice SMITH
ard Lis colleagues OF The Supreme Court Of Wisconsin,.
Mr.. Webster also mantaired the same opinion thai II
belonged TO the States aud not TO Congress to egslae
on the subject Such also he understood to have been
the opinion of Mr. Calhoun and Judge Butler of South
CaIolra, ss to the original question: and such, IT
seemed to him, must be the true construction of a per
SONS, brought Up the scbcOl vi sturdy old Repu5.
liarsmi In bic opinion q large majority Of the Re-
publcars Of Wisconsin approved tbs decision Of the
Court. Many Democrats also, brought up in the
school of Jeff and Jackson sustained tue action
Of the Court in interpreting the Constitution they
understood it. 1t wss net strict party question in
W,sco sin. TIE doctrine OF the Senator frcm GeoIga,
as to the COVER of the Supreme Court, led TO abs0'
lutm ard cespotsm. 1t s the tendency OF the Jndi-
cial authority to usGrp legislative powers. He quoted
frCm Mr. Buchanan, that the Judges always eau 10 the
preroRavo of 20 yer aud courasted the difference be-
tween the views Of Judge srstall as member of the
Constitutional Convention, and rs Chief Justice OF the
Uriied States. He ALTO coniiasted Judge fancy
Secretary under Jackson sustaining him in his posi-
ton that lac should administer tie Constitution as he
understood Is ana fancy rs CheiJustice, leaning to-
ward the cOnsoiiG alton of Federal power. The Su-
preme Court now asserted the legality OF Slavery 10
the Territories and the hext plank added to the Dem
ocrac platform would be the declaration at Charles
ton oi tee inallibiny Of the Supreme Court In the
headstroDg zeal pursued by tie other party 10 force
Slavery iuto the Territories they have ceased 10
he Republicans. ard become advocates OF the
most Federal doctrine OF the old Federal
IaIiy CaiIst which Jefferson uttered HE icudes hun-
ders. He quoted !eiieTeOns opinion Of the Supreme
Court in q hich he held that sought by sarpng and
II ining 90 suhveTt The Constitution aad press us into
one Consodsted Government. The great question in
the science of the American Government was when
thu jurisdiction of tic State and Federal Governments
came in conflict. Who was 10 decide 1t would never
60 to ray that the decisions OF the Federal Corrts
shCud be received as final and conclusive when II
usurps power its decisions must not lie respected aud
are binding upon nobody When State and the United
States dior ihere is common umpire but the peo-
pie. lie beheld q party calling lself Democratic III
face of its own platform, now bowlng down 70 wor-
ship at the feet OF imperial court, and which had
asserted ls new doctrine Of judicial intaiblliiy, Of
" immaculate decision in order to Irevocably fix
Slavery III The Territories.
M. Totubs got the floor.
Adjourned till Monday.