The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-24

to blame but unjust Judge that is the capital
of landmarks, when he dedaeth amiss Of lands and
property One foa sentence doth hurt than many
foul examples for these do but corrupt tue stream the
other CORFU pteh the ountain-so saith Solomon F0ns
bls az ped eorpa est usts eddens IN cdusa Sua c0raHi
ddogSario"
Mr. CORWIN do not WISH Mr. President TO in
erupt the ordinary progress OF business by prolongng
this inerlulc, at all but only to acqu myself OF sort
OF imputaon which perceive the senator from Nssls-
sPP rs supposed to have cast upon me.
| Mr. fOOIEs (nerposng) Not IN the least degree.
| Mr.. CORWlN. dare say, from the apparent personal
address made to by the senator from Mississippi, as
who did not choose to rise in vindcaton of Judge
Mclean from The accusation presented by him. that he
would have inferred that was giving my silent acqal-
escence to- or agreement with the views taken by the
senator OF these fugitive letters, OF which this
grave charge has been manufactured.
/ | did not, MIR. President think it worth while on
the other day. when the senator from Mississippi,
(on motion to amend the post Office bill to al
low the Judges of the Supreme Court send receive
official correspondence postage free) took this view
OF the conduct of my friend Judge Mclean, to say
word IN his defence For with the utmost Difference
to the opinions then and EXPIRE ssed by the senator
from Mississippi, did not conceive that, with the facts
before the public il was possible for these remarks OF
his cast any other mind than very much like
his own, the slightest imputatoa upon the judicial rec
tude of Judge Mclean All that could perceive in the
matter, the free expression of the opinions OF
the senator upon two subjects, upon which every
body knows that there is great contrarey OF opinion
in this country. Judge Mclean, is sad in letter to
friend who had evidently Intercepted him upon the
subject OF his opinion of the conducting and origin OF the
Mexican waG-in reply TO such letter, he had given his
views these subjects Ii very true, Mr. President,
that in the mind OF the senaor-and doubtless the
estimation of all that class of politicians who agree
with the senator upon that subIect-Julge Mclean
may have been error, well in regard to the origin
OF that war, regard to the which should be
adopted for its speedy and honorable termination Is II
possible that the Senate of the United States 10 be
court OF errors 10 decide upon the opprobrum charged
upon communication in the newspapers or to hear and
correct the political opinions OF Judge OF the Supreme
Court who on being nterrogated by one OF his friends
in letter with regard TO his opinions ventures to
! DrpSS hem on
| ! could not conceive that the Senate OF the United
States, that the people OF the United States could
pec that because he happened 10 hold the highly
respectable and responsible station OF Judge OF the Su
preme Court, is to have opinions In common with his
upon such an important topic; or that because
the ermne Ito which the senator has so emphaucally
auded upon his shoulders his tongue, therefore, Is to
be SILENT and his pen employed IN the expression
OF those views. He IS entitled to a vote. IN common
with every other man, for President of the United States
and members OF Congress- and OF course must exercise
his own Judgment like other men; and had supposed
| he would be tolerated in their expression.
| Now, Mr.. President Judge Mclean is said in letter
to someboly-and really do not know TO wnom it was
addressed, but il mentioned the other day-that he
supposed slavery not considered, in law, having
existence in any country, unless it made by law.
For that understand that the senator from Mississippi
thinks he is IN some degree cuPable for this opinion
decided it He refers TO decision which, III his
judgment, makes II but whether he went upon de-
csion OF the Supreme Court, or upon his own decision
and think he has Indicated the question: ask it
possibly be manufactured into judicial turpude IN
Judge Mclean TO repeat the acknowledged decisions OF
the Supreme Court or TO give his opinions! ask if
it is likely that the people OF this counywho have very
well and very properly reposed great confidence in Judge
Mclean in various positlons political as well as judi
cialf it is likely that they will now entertain such
charges those urged by the Senator from Mississippi
! Mr. FOOTE. If the senator will allow me to inter-
pose suggestion here beg leave to say that the main
question upon which Judge Mclean has expressed his
opinion in the letter complained of, is yet open ques
on and undecided in The aspect OF late gwen TO IT. by
any court in this country challenge the learned gem
from, DDIOn ANY, nj
republic, 10 cite single adjudication by the Supreme
Court of the Union upon this precise question. The
compshed ufists here, who operated in the provision
of the compromise bill of last session. all gravely and
perseverngy insisted, in the debate which, when that
bill before US, occurred in this chamber, that this
question had been Indicated and mgh therefore,
be properly and wisely submitted to the Supreme Court
for decision. SO urged the senator from Georgia. MIR.
BERRIEN and others SO, most trumphantly argued IN
my Judgment successfully urged that the treaty OF peace
with Mexico propro uigore had operated to extend
to all the territory acquired by that treaty the constitution
OF the United States with all its fundamental guarantees,
in such TO enable the citizens OF the South to
migrate TO thai REGION carrying with them their slave
property, and being entitled demand its recognition
property, Independent of all legislation the part OF
Congress- whose authority to leglsate at all on the sub
lect most formally and soemnly denied. The learn
ell senator from Vermont Mr. PHELPs made argument
of great power and learning to the contrary; but have
recollection that this latter gentleman ever contended
that the question discussed BY him at such length had
already been finally duplicated by the Supreme Court OF
the Union 1t upon this question, thus mooed here
and elsewhere that Judge Mclean thought proper TO
pronuge his opinion and in the face of the fact that it
was more than likely TO come before him for examina-
ton and adjudication Let the senator from Ohio deny
this, vindicate it, il he can,
! Mir CDRWlN. Well, Mr. President, do not re-
member whether that bill to which the gentleman
alludes-,he compromise bl-had gone TO its grave be-
fore this letter written by Judge Mclean not
do not think it material when il written. Judge
Mclean has only venued to assert as his opinion upon
the sublec, what is the prevailing professional opinion OF
the circuit in which he presldcs. That | know very
we'll and dare say that the senator from Mississippi
knows II also
| do not intend, Mr. President to into contro-
versy here about the OF that opinion will
only add to the high authority of Judge Mclean upon
that subect--one which dare say The from Mis-
sissppi will consider OF very great imporance-my own
that will be respected 1t my poor opinion; but from
what gather from the Commentaries OF Blackstone,
high authoniesil seems that they differed from Judge
Mclean and myself upon that point Well, sir, If that
be the fact and If Judge Mclean happens to differ from
the senator from Mississippi aso from other gentle
men OF high specaby In the country, is that TO
der Judge Mclean unfit 10 preside the circuit court
northwest OF the river Ohio on the bench OF the Su
preme Court2
Now ask the gentleman from Mississippi in all can
dor, IT would under any circumstances be considered
quite lar to aTalgn some sort the conduct OF man
as Judge for difference of opinion upon mooed
question OF law Why sir If that to be the rule
should have eXpel three OF Judges from the
bench at every term for their books OF reports full OF
dissenting opinions.
Oh course know, Mr. President that the senator from
Mississippi feels much upon this subject dare say he
feels anxious any for the preservation OF
the judicial purity OF the bench but while he is guarding
that--and certainly must give high commentator tc
the motives which actua,e him ihiswould not be