Year: 1860

Tbere is one point of difference, which should
he studied, betweea the democrats OF James
Buchanans time and those who lived in the
1avs of Jefferson. Jefferson and his assoc
ates appealed TO the constitution against the
courts Modern democrats appeal to the
courts against the constitution. Jefferson held
that the federal constitution must be construed
very strictly and with perpetual remembrance
that the powers of our national government
are limited, and wholly derived from that in
strument. Modern, slave.power democracy
holds that Congress may exercise powers not
granted in the constitution, and thar nothing
must 3e endorsed as constitutional which in
terferes with slavery propagandism.


But the doctrine and practice of modern
democracy in regard TO the courts shows this
difference in the most striking manner 1t
uses the courts to make laws, to repeal laws,
toamend the constitution, or to get for slavery
whatever rule license, or authority it may
need in any emergency. The Dred Scott de-
csion was devised to serve as an important
amendment of the constitution by which slave
ry would be authorized to go into the ter ito
ries 1t was intended as legal warrant for
changing the whole doctrine and practice of
the republic, on the subject OF slavery in the
territories. And Il movement is already on
foot to have laws against the slave trade de-
clared unconstitutional. Congress is not likely
to repeal such laws Immediately but, what
cannot be done at once i'll Congress, may be
done in the courts. Judge Magrath's decision
in South Carolina, has just repealed within the
jurisdiction of his court, the laws iorbidding
the slave trade and declaring it piracy. This
decision, which was made in behalf of the
master of the Wanderer, gives the African
slave trade special license and invites adven'
turers to engage in it, Others will follow
Judge Magrath's example, and slavery will
make itself the supreme oracle and arbiter on
this subject as well as on every other in which
it takes special interest.


The men who are foremost in contriving to
nullify or set aside the constitution and the
laws, by means of the courts, have been
among the foremost euogists of ''law and or
der" We can see how much hey mean by





professors and demands in behalf of state
rights and next they are just as loud in favor
of measures that trampe state rights under
foot in the most indecent manner, and spurn
every jurisdiction that intervenes between the
central of power and the people Southern
men, such as Mr.. Rhctt of South Carolina, and
others, have admitted freely that Congress
could not make the fugitive slave law without
usurping power not granted in the eonstitu
ton. They say very truly that the whole fu-
gitive slave business is entirely matter be-
tween the states. And yet, how Yehemently
the southern Estate rights democracy" have
clamored for a stringent execution of this un.
constitutional law Their loud talk in behalf
of state rights is all sham. 1t signifies moth
ing.


1t is very remarkable that these men do not
perceive that their disorganizing and revo-
lutionary inventions may ultimately be turn
ed against themselves and their institution
No barbarous institution can last forever. The
slave power will decline, and better influences
will take control OF our government. Then





to give the popular mind a habit of playing
fast and loose with the constitution. If the
courts and the general government may grossly
usurp pow er for one purpose they may do SO
for another, and the very men whom slavery has
tlained to uphold the government in the exer-
else of unconstitutional powers, may become the
most dangerous crusaders against slavery in
the slave states. They will be apt to find in the
fifth amendment TO the constitution quite az
much authority for having the federal govern
ment undertake to destroy slavery in the
states, as can be found in the section concern
ing fugityes from service tor having it assume
the business of catching runaway slaves in
utter disregard of state rights. The slave
power establishes dangerous precedents, and
may in the end find destruction in the fruit
of its own doings.