The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1923-10-26
BY LOWELL MELLETT

- Court only once attempted to
assert the power to declare unconsti-
tutional any act of Congress which
was of general application. All other
acts or portions of acts invalidated by
the court related only to the organiza-
ton Of courts and so drew little pub
Tic attention.
! The one exception was the famous
bred Scott decision, the decision said
by many writer's to have precipltated
the Civii War. In this case the SUI
preme Court vetoed an act of Con
gress. The people then vetoed the
action of the court after four years of
',loodshed. 1t was not possible to cor
rect the court at the polls. as could
have been done in the case OF Con-
gress.
bred Scott was slave. His master
moved from Missouri to Illinois and
then to Wisconsin Territory, residing
for two years in each of these turis-
dictons before returning to Missouri.
The claim was set up on the Negroes
behalf that residence In Illinois, where
| slavery was prohibited by the State
COISGlullOlt anu III w ISCOnH1fk1 1ISc
soil under the Missouri compromise
act, had made the negro free. The
claim was sustained by the local court.
but reversed by the State Supreme
Court and SO reached the u. s. SUI
preme Court.
/ Press Negroes Case
Prominent freesoil advocates
pressed the negroes case for him. How
ever. it is doubtful II a decision by the
/ Supreme Court that temporary rest
4 dence outside his State had not freed
SCOTT would have caused any serious
outcry. But the United States Su.
lpreme Court went further. It declared
the Missouri Compromise Act itself
Unconstitutional
1t was unconstitutional, said the
court, because it interfered with the
natural right of slave-owner to take
his property where he pleased and be-
cause It interfered with the consti-
tuttonai equality Of citizens OF differ
emit states. Two of the judges, dis
senting. held the Act was a ightful
exercise OF CONGRESSES power to legis-
late FOR the Territories, which had
never before been questioned; and that
It did not violate the equality OF citi-
zens because citizens could only hold
slaves in states that permitted It
Local Question
1t is related that, recognizing the
explosive character of the case. the
original intention OF the Supreme
Court was simply to uphold the Mis-
souri, courts decision, treating the
issues as local questions with. which
the Supreme Court should not con.
Germ itself. No constitutional ques.
tons were to be raised.
Frederick Trevor Hill has written
this account of what happened:
before Mr.. Justice Nelson could pro-
pare this opinion. however, the active
agents of the slave power interviewed.
| At dinners, receptions and social func-
tions they waylaid the judges adroit-
iy importuning them To change their
plan fattertng those whose vanity gave
the opening. appealing to the ambition
| Of others, and generally emphasizing
the opportunity which lay before the
court to- nlall pl nss,,c and pstIriG,as
injurious to the Nations welfare. De-
clare all restrictions such as the Mis-
souri, compromise Unconstitutional. IL
was urged. and ths North Will acouiescc
and the Union will be preserved. All
of the Judges were honest and consc1en-
tious but some of them were far adj
vanced in age. and the pressure which
was constantly brought to bear upon
them was well calculated to disturb
their Judgment"
II have been urging all the infu-
4 ences / could bear upon The Supreme
Court TO get them 70 postpone mo- longer
!. the case on tho Missouri restriction be-
= fore them. but 20 decide IL. They take
il I'D today II they decide. "a have
reason to believe they will. that the re-
strictton Is unconstitutional" eto.
Written by Talley
The opinion finally was written by
Chief Justice fancy. who made It the
occasion for an extensive review Of
the whole slave question, in the hope
OF ending the agitation against slav.
cry The decision denied the existence
OF negroes as persons" It declared
them to be merchandise or property
and that their condition as such was
hxed and Interchangeable.
The announcement OF the decision
was made two days after President
Buchanan was inaugurated 1t was
openly charged in the Senate Blu
chanan had advance knowledge of the
decision and that In his inaugural ad-
dress he pledged his support to 1t.
Exception was taken to the court g
attempt to decide matters of public
policy. the proper function Of the leg
islative branch
1.-THE Supreme Court" declared
Senator Seward of New York, 'at-
tempts to command the people Of the
United States to accept the principle
that one man can own other men;
and that they must guarantee invola-
bility of that false and pernicious
property. The people never can and
they never will accept principles so
unconstitutional and abhorrent.''
d The Civil War proved Seward was
right. ~
/ Lincoln Abused
As for the charge of collusfon be-
tween Chief Justice fancy; President
Buchanan and others, one of the
prominent asserters OF this was
Abraham Lincoln. He was abused
numerically for daring to criticise
the Supreme Court, by Stephen A.
Douglas In their famous campaign
debates, but in the recently published
Works OF James Buchanan" are
letters exchanged between President
Buchanan and members of the
Supreme Court which appear to
sustain Lincoln's charges completely.
Concerning his right to criticise the
courts, Lincoln said:
"Our judges are as honest as other
men and not more so. They have