Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-09

but the latter y quite far exceed the former in the
the peculiar functions entrusted to them by the const
tuition and accordance with this belief the BILL while
leaves the legislative over the question of slavery in thu
territories in Congress- the constitution has conerret
it, also the Judicial power the question il
the to which it was given by the same sacred instrument
The objection tina, five Of the nine judges reside south
Mason and Dixons line, is unworthy OF a statesman. is
denied that man may be as honest if he live on the one side
Of the line he lived the other But the
sists of nine judges either the South the North have
the odd The objection therefore, goes the constu
ton and tie organic law which established the tribunal and
if have my force whatever proves that our Government
failure 1t arragns the fathers Of the republic who built
up institutions, procams those institutions be unfit for
the purposes Of civil administration, aud condemns expert
ment self government monument Of the folly Of
cestors TIE who in his heart believe that five
Judges would decide this question sectional grounds
be prepared to pronounce them corrupt and unworthy of their
stations opinion justified by event Of their past lives
by nothing in the past history of the tsel-and by
nothing am proud to say, in the annals of American jurs
4 prudence.
Tn honorable Senator from Tennessee (Mr BELLY OPP.
posed this bill the ground that the the weakest
Of tn three coordinate branches Of the Governmenttoo
veal, he said TO command obedience to settle such
he drew the inference that the decision of it
befoe tribunal feeble might break down the court while
it would fail satisfy the public mind IT, by the declaration
that the is the weakest of all the branches Of Go
verrpen he that has less patronage and political
power than the Others concur with him. But for that very
is strongest in the confidence and affections Of the
people They believe that the members of the court
motive powerful enough to induce them disgrace them
selves by injustice. They yet thank God, law abiding
people, and they know that when they to be they
will cease to be feemen. The citizens Of the United States
at this moment repose confidence in solemn adud
cation made by that court upon question of constitutional
law, than in twenty decisions made by Congress the
subject The Senator from Ohio pointed to the opinion Of
The court sustaining the consttuonay of the charter of the
Bank of the United States and with air OF triumph told
the people had reversed the decision Indeed, sir When
a of in
that decision Never nowhere They sustained Pres
dent who, while popular avore other grounds vetoed
bank charter against which every argument that could be
drawn from erpeency addueed and there few
politicians who asserted its unconstutionay But no man
justified in saying that the people undertook decide the
constitutional question manifested any Of confidence
the court The people decided political judicial ques-
ton. AT this moment, although may and do differ about
the expediency OF national bank deserving the
OF constitutional lawyer would override the courts DECISION;
and the name of John Marshall who it, stands
high in the grateful and aectionate remembrance Of every
true Americana those of Hale and Hardwcke and Mans
field, in the affections Of an Englshman ..
The Senator from Tennessee well Others inquired Of
me how this bill could settle the controversy between the
slavehodng and non savehoding sections of the Union
answer precisely in the quiet mode by which the
IN the last resort provided by the constitution, has decided
thousand other questions which have arisen between the people
OF different States and sections Of the Union is the great
est goy the proude boast of counymen that they
governed only by law-and hat law made by their
waits anu interpreted by men selected by themselves or their
own agents They bow the majesty of law in Difference
to themselves Their self respect teaches them obey
the edcs promulgated by their authority that of their
fathers For this the true American is a law
abiding being than the citizen of any other nation earth
he inscription on the monument of the Spaans who fell at
Ihemopya was, " Gro stranger and tell the Lacedemonans
that we died here ia obedience to the lars Obedience to
the laws the cognae spirit not the essential characteristic
OF rational civil liberty Resistance tyranny the result
the same love of freedom which dictates submission the civil
sate OF choice and every truly free people on
earth have been distinguished for their Difference respect
TOR the judgments of their tribunals. When shall so
far degenerate from the spirit OF genuine civil liberty des
pse and ampe under foot the solemn dces Of the great
judicial aber appointed by the Republicans the oen time
to decide controversies allay hearburnng and
store taeTna feeling among the contendng graphca d.
visions OF our common country shall to respect the
memories Of our Jretathers, and to honor truth.
This BILL sir commends itself to our sense OF Justice II
is founded on principle. Unlike the celebrated Missouri com
promise OF 1920 which arbitrarily established geographical
line much dreaded BY Mr. Jefferson, and the only merit of
which that the result of mutual CONCESSION and for
bearanee this bill comedies right of either party and com
promises no principle II il be that the TERRITORY free
from African slavery by the laws Of Mexico the North con-
tends the court decide whether the extension our laws
and constitution over that territory will justify the claim OF
the SOuhha her citizens have right remove there with
their property, including slaves slavery does now exist in
the territories in spite Of the decree of Guerrero the Mexican
DICTATOR OF the 18th Of September $780, and the law of the
Mexican Congress of 9th April, 1887, somebody from the
pretended then the question will be- do the constitution and
existing laws Of the United States abolish il The dsqus-
tons OF certain learned Thebans both the Northern aud the
Southern press on the facts and the law to be settled BY
Supreme Court enough and excite the laughter
Of such shall hereafter venture 10 compare them The
Northern Barnburner and Aboionist the hand and
the Southern ultra advocate of slavery the other alike con
TEND that the rights Of their respective sections will be sacrificed
by the court under the operation Of the tl writer in
southern paper in my hand thinks he has found very
gung defect in the BILL because it does allow the master
Of slave the benefit OF appeal The Senator from Ohio
(h OoRwTN,) and other Northern Senator's have stouly
manlned that while the had that benefit the slave
was Denied It, My friend from Vermont (Mr PHgLps in
MS aoe and conclusive argument for the BILL completely re-
ued Ill these opinions. But the friends of the bill were not
content with that They insisted that gentlemen opposed to
shold perfect Themselves in this respect Conscious that
lhe b was liable to Of their objections in this particular
resolved that not shadow Of pretext Of this kind should
remain to ITS enemies, and therefore the BILL with nv aid and
the cnsent o! It's friends has been so amended that lie worst
enemies now agree that perfect in giving the appeal and
WIT OF error IN every possible where the question of la
very can arse, without reference the value amount in
controversy, and in every where local Judge could de-
de either way even hobsas corpus. Throwing on, Of
view the cavs pleas in abatement and special demufrers of
echLcal gentlemen and the exravagant oes OF the en-
thu'ias and men Of single idea whether Northern or
southern the measure, II passed the Senate must COM
end fse 10 every patriot because il would have removed
he o. the greatest and most dangerous elements Of dcord
between the opposite sections Of our country.
confess have been surprised by the expectations which
seem TO be cherished by few Southern gentlemen in Congress
or shom have great respect They endsasor to prove