Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-08-09

an act Of Congress. except incl
dentally. and then its judgment is
binding only or the parties. The Incl
dental reason asslgned-as, for instance
that a statute Is unconstitutlonal-does
not bind anybody, not even the partes
or the court itself" IN view OF the tact
that the court was not itself bound Dy
its own judgments, Senator Sumner asks
whether, when a bench stands hye 10
four, we shall say that the majority
declare a fact" and the minority Simply
declare an "opinion." Here, too arc
some OF his other sentences:
The bred Scot decision was as absurd
and irrational as tine reversal OF the muI-
tiplication-table.
| enter a standing protest against that
atroclous judgment which was raise III
law, and also false In the history WIN
which IL sought to maintain its RAISE
law.
SUBMISSION TO DECISION NOT M
PERATIYE.
But the height OF Senator Sumner
contempt for the decision OF the supreme
Court was reached in his speech de-
livered before the Massachusetts state
Republican Convention at Worcester p
TENDER Z, 1854. In this address he brought
all the power Of his eloquenee,
his logic, his experience. and ms satife
to bear against the highest tribunal III
the land to a degree far beyond anything
that has been or will be said against tnat
court even by the most sincere believer
} I'm the cons titution7lity OF The income-i2x.
I In the course Of his speech - SAID;
II is sometimes sfdY-iy urged mat
Stree the Supreme Court OF the United
Ststc- has affirmed the constitutionalty
Of the fugitive act, there only remains
/ to US, in all places, whether In public
! station or in private life, the duty OF
absolute submission. Yes, sir. that Is ire
assumption. which you Will perceive IS
/ applied to the humblest citizen who holus
no Office, and has taken no oath 10 sup
mort the Constitution. as well as 20 tie
public servant who is under me sleciai
obligations Of an official oath, NOW
| without stopping 10 consider the s'und-
ness Of the Judgment affirming the cen
| stitutionality OF this act, let me say that
the Constitution, as / understand ~ eAacts
| no such passive obedience. In taking the
oath to support the Constitution, II is as
understand IT, and not as other men
understand 1t. loud applause)
In adopting this rule, first authorita-
lively enuneiated by Andrew Jackson.
| when, as President Of the United stat %,
In the face OF the Supreme Court ne
asserted IIt
bank / desire to be understood as MOI
acting hastily. Let me add that II !
needed other authority In Its support, ~
has the sanction also OF the distinguished
Cabinet by which be was then sur
rounded, among whom was That unsur'
passed jurist, Edward Livingston, Secre'
tary OF State and that still living ex'
emplar Of careful learning and wisdom
Roger r. fancy, then Accomplishment
now Chief Justice OF the United States
BEYOND these, Il has been the unquestion
BILE authority OF Thomas JEFFERSON, by
whom II was asserted again and AGAR
| as a rule OF conduct. Thus, II any per
son at this day be disposed TO deal sharp
| ly with me on account or the supper
which now most conscientiously give Y
this rule, let him remember that M
thrusts will pierce not only myself, th'
humblest Of its supporters. but also h'
great fame OF Andrew Jackson ana o
Thomas Jefferson-patriots both OF emf
nent life and authority. on whose Attain
team shoulders this principle OF constita
tional law will ever firmly rest.
LIMITS OF THE COURT.
But let me ask gentlemen dis
posed 10 mention their own understandinl
OF the Constitution. and to submit tnei
conscience TO the standard OF other men
BY whose understanding DO they swear
Surely not by that OF the President; I'M
| Is not alleged but by the understanoin
OF the Supreme Court. In other WORDS
10 this court, beirE at present nine per
. ! sons-represented BY simple majority