New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-18
THE SUPREME COURT.
Es rOSsYITrTIoylJ PoWEBlSD AUTHORITY.
A SPEC c III
p,rS.red yesterday ia u s. HoS'e ct Representatives,
By the Her. ROSCOE CONKLlNG Of N. Y.


Dir. CHGIRNAS: propOie TO remark upon that part |
nj the message wberent the President informs that
,ss fate Of ali sbe Territories OF the Republic hss been
;rrevocahy sealed by the action Of Court OF law.
The il a very extraordinary oue itcouid
pkyer have bee made had cur institutions been purely
elective. Objectionable ss such system may have
srresJed 10 or fathers il would have preserved the
Amer Cor gees forever from srch greeting rs the
present. Executive has cent ne. With no powers or
aRencits fsve thcse Conferred directly BY the people,
sd these De prived If th, element Of growth BY prov
siors uIroo,rg TEEN At fiequeot intervals, an age OF
the GOvernm,n 1T would lot have come when aJuoicl"
tribunal would at empt 10 the sense Implied by tue
PresS,ept final set ement' Of great political goes
TORS. Certainly no sncb ute@pt womb nav o reh
based npon ihsoces 81 stymg the history % 'ns oouu
tgy aud calculated 10 tBIhfOne hafDSrlsm Ia every YER
ro,isl nossess,n If not The States them elves Bot,
SIR tie tscks snd balances ABUSED ny our IstherS
have uroved made qUate. 20 avert 50 strange coh'
sspcy Tb. Government bad not reaeded the allotted
20 ~ man when its ud ciO department attempted s
thst lave stated. ia core presenting tte smP'e
ourstop al ole poor Ella uts lighs 20 cautan he az
Io, she Supreme Court sP undertaken 70 tx forever
ihe most sacred rights OF millions. Toe step, 70 be
snre was premature. Ample IN jurisdiction, AID
jmuaiieui 10 exercise H. that adjust tntnnsl Vas uD-
wllbng 70 tuI a black maO from lts doors without eK-
e.ss,ve rsascniuss. hecizenshp Of the palouh was
the only poDt In Judgment, aud That being Determined
a1N eytsiy 10 HIM, tb5 wss az an end. Neverhe-
less the opinions sNeli into museum Of Discus
,iop Which however distinguished the debaiers,
dereyves 20 reverence ss law. But The formal vans
OF authority In trese csqaisnnS, is practically im.
poT,snt Only far as Il gives pause 10 events aod
affords Jine calmly 10 oeierm no eonst tuaonsl rghs
and hptAiiors. That tr interval will be long cannot
be oted An occasion must soon arse for impatt-
re the forms Of law 70 those Bromopotory msnhastoss
Sh, Md il arse dUring the existence Of the present
bench is " ID 10 doubt be eagerly embraced, aud then
viii be presented question: perhaps the gravest of The
kia0 The Ertent generation ell be called upon 70 solve
in It's frs approach II Will seem question OF Slavery
or Freedom, but IT will turn OUT 10 be conflict u pre-"
rogaives acd powers collision Of forces in the Gov
eminent bfo ctng less the fate Of every pop
ular Iieht. A powerful party viii he tound IN tue
country msiatainpg that tie Supreme Court OF uhe
United STATS is clothed with the Authority 70
cav What laws Congress NAV aud what laws
CCnpresS shall not pSs5; and thai whenever
this AnhOTiyy his been exercised, neither the
ExscDtive. uOr Congress, msy Cverstep the Iul-
its u has prescribed Ga tne other baud, OfgalHa'
tOns, policies, snd eternal principles, VIII cry out
agar ml erl assumptions, and the Issue VII stretch
f5 beyond the uadiscOverabls Confines II tDe one
nsrysd,pe question Of human Slavery. Should the
Ionr party prevail, aud the Constitution be- held 10
epoow The judiciary WIN censorship q = 'pRress the
Immediate re.Bit must be 10 turn INTO Doll usufpauol
d. lssdpo staesu,aushp Of halt 4 century, 20 OstTa
Csc the moss numerous and liberal pohncd patty %
he courify ard TO set up d'gmss repa81ant W the
material Interests Of the nation, aud aboc rem - IDe
ronv,ftio,s of the ChTimiau wCrld. S1eh an epOoh
could not occur in the history OF the present gshss
Nj ton nnsecomy aDisd by unto Tatd Ieeuits N)eht
of the Isst spd constitutional mslOnt e., AZ Whatever
oOft, would seuly IesuDe Their sway. The RELATION
FbIs end professions OF Slavery were determined N
sbis country long ago. Inspired by The great con-
eepiiOrs ia which the foundations or the Gov
eminent were laid, conscious Of the exalted pur-
poses it intended 10 subserve profoundly
Instructed 10 It's philosophy aud scope, tue
men VITO inaugufated The Constitution pursued
DO ambiguous deviatiog couIse on the subject Of
SlsveJ. The esly Houses of Congress we're devoted
e. curbre The Of bis teen universally sd NJ ed
evil. State of an parties unJsd In treatiug 1-
voluntary ssTvitude IS stationary aud not pro
grtssye inst uiion and the Fe6eIal Legislature was
Ibe sovereign power Dyot ca TO prevent It's territorial
ep0saclmeef. The warrant for this policy was found
IL TIE CODerHutB; free sentiment OF the country
demanded and vtslized is. That sentiment has been
goaded 70 a rapiC and continual increase. DepiOrog
slavery pa a sod national misfortune, fevo1g at It as
b bsIbsrVus and detesabie crime, the Inhabitants OF
the Free States nave ever sou mt by moral aud Pol-
cal forces dissuade and discourage it. For long
yesrs this wa mO5ersteaud torbedriDg ehr, often
abated by a spirit Of kindness and concession, still
oitener by an aversion 10 angry agitation. Bat now,
changes have passed over Violated covenants,
lfwless end nefsnous proceedings blOOdshed upon
distant feos nsorpstOns and brulalites 10 this Capi-
t,l trsvadO in this hall, fresh assumptions every
where, have lsshed the public mind into intense
activity From this time forth, TO
have results and not arrangements, issues
ard not compromises. The Free ) ates iD-
stt that Slavery shall remain localized 10 the slave
HOLDING States; and that there, les increase, un
aided by prscy shall be only the Odds OF the game
between BIRTH aud dea5b. With unal,eTabie deter
imitation that Slavery shall never range this cOutBeDt
there lives bope thar in us dng places ~ will
Wther ana de. Ihs however il tbs prayer OF nam3u-
ity not The mission Of party Blu the supreme Court
atters that every Of the Territories s already tue
Tgbtul pTeV of Slavery, anj III The language or the
pfeideIt that "DeitbeJ Congress nor a Territorial
Legislature, nor any human pOwe-, 0as any author
"Ity TO apnu or IN pair tbis vested right Suca VIII
be he decision OF The present Court and the re isoning
which supports il would carry bondage into every
State III The Republic The wbols subject, then, will
be Vsst enough the copvi1on of the pubic MAD deep
enough, 10 lay the foundation OF great goblet be-
tween legislative ana Judicial power. The cOu1Over-
~ vii derive serIousness from It's immediate re-
sHe, bu stll more from the equilibrium or preprn-
cessuee il Will absh among tie three great forces
Of the Government. Mr. Chairman, il is no part OF
iDy purpose now % examine the sJHGdness of the
gUueut Of Judge Tanty and hls assoc aes, 70 in
cure whether That argument, when u takes on tue
sanction of n deCs on, will be good Law or bad. That
INQUIRY has been eiabora'ey prosecuted here and else
where end never with felicity thsu the other
day Is hen in eating it, tie dsfiOYa shed gentleman
from Ohio Mr.. COrwni recalled from long ushme1t
the Almost forgotten spirit Of parliamentary eio4dence.
Nv busuess today ia with the power II the Supreme
Cont pst win IL wisdom My OBJECT 10 % ascertain
whether deo1siops of the ind ciary bn1ing upon
THE law lakiug department Of the Government ana II
mot binding how fac they should iDhaenes legislative
act On. Tie war Of & dependence ~ss waged 70 r.
o,ess reaJV bat single grievance and that was the
OrgiL alton sLd enforcement Of laws lot insttd ed by
abese who we're expecsed % obey them. 1bo ReVo-
1aticn accomplished bur single reior0 apd I'll u y vs.
30 endow tie inhAbitlts oi the colonies with sovereign
night 20 make. Wmake, and modify their laws aod
iDstitutioDs 9he men who died for this great pre-
IoestiU4 rot more dian those who lived 70 achieve
and Fsrpetuate t. were y Ofoundly learned Ia tne
yeses of evil liberty. Goa versan with tns syst fos
~ modern state ue they h9 stueIed the dreams OF
the old philosophers, WHO saeE ,vi.i1ns OF orRazed