Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-01-31
SPEECH OF JUDGE BLACK, OF VIRGINIA.
DEFENCE OF TEE SUPREME COURT.

SPEECH OF JUDGE BLACK, OF VIRGINIA.
DEFENCE OF TEE SUPREME COURT.
The following speech was delivered on the
evening of the Sth inst. y in Washington, at
the banquet in honor of the. .ffty-second ami
versary of the, battle OF: New Orleans. The
speedh was made in response to a toast com
nimenting the United States Supreme Court ::
slR. CHAIRMAN: In the history Of this
couotry it has never before been thought ne
cessary either to toast the Supreme Court or
defend it. But tunes Lave changed. Very
recently attacks full of bitter malignity have
been made on that tribunal, and measures are
deliberately taken to break down its just au-
thcrity. Considering by whom these assaults
are made, and What the object Of them is, it
would, perhaps, be better 10 encourage them,
since it is certain that in the long run, they
can do no harm to anybody but their authors.
If you have a viper to- deal.with, or nest OF
viperS, it is better to keep them bltlug at
file than anything else they can lay their teeth
10. Still it may not be beluapproprlate TO look
for moment al, The occasion vi the present
persecution. y"
Three private citizens Of Indiana, perfectly
innocent of any offence-I say perfectly inno-
cept. because, up to- this time, no human being
has ever legally sworn even to belief OF their
suilt-theSe citizens were arrested, kidnapped,
and carried before a body of men wholly with
ont power to neddla With them-not authorl-
zed even to swear a wltuess tor them or against
them-and there. alter proceeding which 1t
would be mockery to call a trial they were or
dered to be killed on 4 certain fixed day In
this condition OF things, the judicial authorl-
ties in,erveDcd, and, with the aid OF President
Johnson, the victims were rescued.
When the cause came into the Supreme
Court the simple question was, whether-a citl-
Zen could be lawfully deprived of his life,
without fair, honest trial, before an Impair
-,ial Jury and a regular court. 10 this there
could be but one answer, and that answer was
given unanimously, all the judges yielding
their full and unreserved assent to it. They
held, 10 effect, thai the pretended trial was q
conspiracy, and that the execution, II 1t had
taken place, would have ceen mere lawless
murder. What else could they do? To hang
men without Judge or jury is an act so clearly
forbidden by the fundamental law that no one
can make any mistake about it, if he has sense
enough to know his right hand from his LETT.
The prohibitiongis written down as plain as
any one of the ten commandments; there is
not a sentence in the Lords Prayer more
simple not moral precept can be found IN
the child primer that is more easily under
stood. Yetthe court is yi|-pended, and abused,
and slandered for saying it. The organs OF
aisrnion and anarchy publicly proclaim their
determination to disregard the decision, not
becauseit is erroneous but because it confines
their power by limits inconvenientIy narrow
They declare that they will do, in defiance OF it,
whatever gratifes their own purposes or pro-
notes their own interests; and they lmpu-
dently use this very expression: 1t the law
stands in our way so much the worse for the
law p"
Mr.. Thaddeus Stevens, the leader and driver
Of the present Congress, denounces this decl-
sion. on the floor of the House. To my certain
knowledge he knows it to be perfectly right. :.
The senseless twaddfe about hanging Amerl--
can citizens by the law Of nations, on criminal
accusations of their own government, could not
for single instant impose on an understanding
like his But be deneunces the judges for de-
eidng what he knows and what they know to
be true, for no conceivable reason except his
desire that his particu ar friends may continue
to enjoy the delightful luxury of shedding, IN
nocent blood.
The Judges, and all who think with them,
are called traitors because they declare the
Constitution to men what 1t says, and because
they will not violate it themselves or permit ITS
violation by others when they can prevent. It,
If this conflict toroor against the Constitution
implies treason on either side, the guilt does
: not lie at our door 1t is not the man who
s sustains and loves and believes in the laws OF
his country it is not such man that can
Justly be called traitor But if there be an
- American, citizen, anywhere who, with an oath
upon his conscience to support the Copstitu-
ton, would make war upon it, subvert 1t by
brute force and take away the defences it at
fords to life, liberty, and property, leaving
them to the mercy of mos, murdcrcrs, kid
nappers, military commissions, and bureaus OF
military Justice, such mau is thoroughly a
AYE, from the EXTREMIST upward OF his head
To the descent and dust beneath his feet,
A most toad-spotted traitor.
These arrows which they cast against Us,
barbed and poisoned with the accusation OF
treason, rebound from our impeuetrable armnr
and fall harmless at our feet for we are shield
= ed, and helmed, and weaponed with the truth
tutifs we choose to take them up and seod
them back at our4adversarics, we would leave
them ouiyering in their very hearts.
In A great truth, on which the safety OF society
aud HE security of Individual rights must de
pend, is in lis nature eindestructible You may
crush it to-day, but it will appear and Yindica1e
Itself TO- morrow On the other hand, nothing
isso evanesceut or SO tickle as he passions tha
spring from the interests aud the p!ejudices io
. the hour. Let the lessons Of history De heed
ed Titus Oates, Bedloe, and DanseTted ec q
joyed far greater measure OF popular ;Goin
dence than ever was bestowed On Mr. not
Il MIR. Conover. MIR. Cam sbc, alias Hoare, o.
tyEall the officers agents, SPIES, deaors' aliI
Witnesses Of offs the military bureau put together
yThey-I mean Oates and compauy-were loud
ly applauded in Parliament; they were th'
former favorites OF the British people, ane
they were the very darlings OF all the polit'ccs
preachers. They held he life and honor Q
the notion ini heir hands. : 1t they but pnlntef
"a finger at an individual he was doomed, an'
no purity of previous character, no proof OF In
nocence, however clear, could save him, iron
6 destruction Such was their oyerHowlp