Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-07-02

QUESTION: AND CouaTx BOMBS. ,
The Supreme Gours Of - State Of
Iowa hAs lately dsssdsd Mas soanty sub
.criptions 10 raiIsoaas, uaaer the old
Csassatasion, arefliegaf and Invalid and
thai County Beads issued, 70 meet sueh
subscriptions, are net worth continental.
Apart from the fact that the same Couss,
presided over by different Judges, hss,
for nine years pass, hed such sabscrsp-
lions and such bonds to be valid and
binding and apart from The particular
thunder that tho Rsw York HERALD will |
give this repudisfing decisions - Il will |
be called, we wish to call attention 10 thsl
comparative virtue Of Judicial decisions.
In the Presidential campaign OF 1860,
ths Wickliffe Resolution, adopted By the
| Douglas Convention, was denounced BY
the Republicans as being sysEythiug that
was bad. Now the Wiekiifs Resolution
was simply good lats; it affirmed that the
Democrats, IS Law abidiag sisizaasy Ho'd |
submit 10 the decisions of the Supreme
Court OF tia United States On ths various
phases Of the question of slavery in the
Territories. The Democrats did not agree
that they would think just ~ thai Court
did; but a. good citizens they felt bound
to square their political eonduet by the
decisions OF that high tribunal, which ID
the legal iaisrprstsr Of the Constitution
made such by that instrument itself. The
Republicans, high and low, refused to
submit the question to the Court they
would not be bound By its decision.--
+, Their fanAtieisEn, On the slavery question,
was superior to their respect for the Con-
!. stitution and the laws. Sectional and
party feelings stole away their reason
This is history; and in this Reputation
of the binding force Of Judicial decisions
we find one cause of the present deTastas-
ing war. Wa find the Republican party
engaged in q covert war upon the Conssa-
8 tution-not only in respeet TO the 81"
prerne Court, but also in regard to fugi'
tive slaves. We find its leaders dsclar'
: ing that they would not obey certain Law
of Congress; to be sure they would no
ssknock the Marshal down"-but the
. would disobey the Law, and Eun theiE rial
of fine or imprisonment. Like the hors'
, thief, they would compound for Vi
= olating the law, by standing ready, i
= caught, to bear its penalties.
: The Supreme Court of the United State
:, in the bred Scott esse, decided that Con
gress could not prohibit slavery in To
Territories; it was "a legitimate and reg
uiax decision the question vas fairly BE-
fore the Court il was ably argued On bot
. sides and the decision is just as bindin
= as would be decision of the same Coul
relating to County Bonds, Yet Congrea
:, has lately prohibited and abolished sia'
: cry in ell the territories Of the Unite
!, States, and are debating the question {
- aboIishiug it in the States. II the men
bers of Congress haYe not lost their rel
son, what do they care for their oaths ?
Stephen 4. Douglas, Revsrdy Johnso
and others, (better lawyers than Mr.. Lii
- coln,) concurred in the opinion o. the s.
' preme Court, in the bred Scott case, b
= - they said truly that the Court had n
40" passed on the question Of the power
- Territorial Legislatures ever slavery a
they both held that the Legislature b
the power to authorize or prohibit SLAYER
- Yet, though thus believing, they deciaE
- that they would aequiesos in the deoisi
" of the Court, Whenever it should be
- gally rendered.
During the debates on notification,
w 1882, sort of lawyer, named Dan
~ Webster, who happened to be senst
~ from Massachusetts, laid down these t.
0' points Of Constitutional Law, among OF
tina ers,
d. That in cases which do not assume
:, character of suit at law, or in equi
i;s- Congress is the judge OF Its own power
thu and that the State Legislature cannot n
lify the Law Of Congress.
ant That in cases that are able Of ASSUME
,eb and actually do assume the character
AZ, suits at Law, or in equity, the supre
ISN'T Court Of the United States is the lei
the and FINAL expounder aud Interpreter Of
nth Constitution--And acts of Congress,
ie.t of State Legislatures, and DEGREES
State Courts, must conform to the det
Is ions Of this high tribunai-this Court
vad last resort.
low Such wac MIR. Webstsr's opinion 4
arsy the Republican pagtys (soouer than
hair rebel State, except South Carolina b
ing. violated both these points; dFst, By 81
MON laws multiplying the Fugitive Slave La
p and, secondly, by repudiating the auth'
men tt Of the Supreme Court.
only To return to the question Of Cou
yood Bonds. The parties in interest will pr
,wl ably appeal from the decision Of our 81
rom Courts, up to the Supreme Court OF
United States. Suppose the Shine
men,'' as the Republican stumpers cal
the Judges Of The latter Court, decide
County Bonds are valid, aud that I
must DO paid. Win We do it 4 de
ion relative to County Bends is no be
81 than one relating to negroes the ne
~. question can find its say into the Coz
= as well as the bond question.
Suupaae Mr.. John j. Crittenden,