The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-25
INTELLIGENCE BIZ THE MAILS,


|
THIRTI8TH OON0RES9.
| SECOND SESSION.
In Senate.
Fine morning; orowdsi galleries in the ssnssc ( +,
Sy. There was heavy calender Of morning budnsx
.;a:
day In advance Il tho mail
NJ. PERSONAL EXPLANATION.
MT Dir moved to take up the bin FOR C. dian oee..
ms ere reciprocitiss with the United states
Mr FooIs desired the privilege Of the door for
Mr.: FoOTr thsrsupon called the attention OF n.
Senate to apublication in the National q
yesterday morning, over the signature Of Judes
MLean, which questions the correctness, n net AZ
vsrsoty Of certain charges Of extra judicial in.srsr
encs In political affairs preferred against the Judge b.
mr. Foots the other day in the Senate during the de-
bate on the fra mixing privilege Mr. Foots proossdsd
from the Judges card but not finding them in his
pockets, Mr.. Fitzgerald lent him a pair Mr. Fosts
then proceeded to read portion Of the card of Judge
Respect for the Senate, whore remarks were made
abusive Of myself on the 18th inst induces to make
The first accusstion was, that have said that
our Institutions Will never be well, and wisely and
successfully maintained and administered until what
ne pleased to call neral inf be brought to
, yesr upon the government who dsres to denounos
,hs selected Of the great political parties Of
nshteIs" Was never used by me in reference to any
Individuals the thought Of making the application to
,t @ 0Snaa~1es Tor the Presidency never entered
Now, here am charged With abusive language. II
gentlemen will refer to what said they will nd that
though my words were plainly spoken they did not
descend to abuse or to scureiity In answer to the
denial OF the Language OF the prize fighters" Mr..
Foote read from = published letter Of Judge Mclean
dated Oct 2S, lS4S, In which he says, Ny views are
vel known to be Ia opposition to the extension Of
slavery. What BEGAN more deeply impress
ed upon my mind that the moral influences Of the
people required to reclaim the disorders existing
in society The experience Of thirty years leads e
" Mt M hon fnp afrRVU ftAn ,AAsk
league Of political prize fighters" Mr. Toots Insisted
that this evidence fixed the truth Of the charge in
OF the day for the Presidency Of the league Of the
prize fighters"
MIR Foorx read the next paragraph of tho card OF
" The second accusation was, that urged upon
Congress that no more peculiarly supplies ahsuld DO
the government might DO forced. for want Of the
means Of war to withdraw victorious armies from
the snsnys country in Disgrace 40. never uttered
l was opposed to the Withholding Of supplies"
Now, sir, know some conclusive evidence to sup
port this charge against the learned Judge have
letter here dated January T. ls4S at time when the
war was going gloriously on in Mexico He says "Ts
cradle war is as remote when the arst blow Was
in care IKE this. Ha ha ha j "Thls war was un-
Quoted on ju,t and honorable principles" The ex-
tract goes on to say that Congress ougho TO Law
ersl he could not veto sue an aot and
that while terms OF peace thus offered der
alteration the war ought to be suspended He hopes
Congress will refuse to Issue any treasury notss
that the President may be reduced to tho necessity
OF loans whe ut they will be followed up by heavy
the expenses ofthe The result of proved the
heavy rice we pay tor military glory Yes, SIR said
here ;; ns envy Of man Of the p0rua
g. -ntain was well sustained wish oil it
ia IONS but tho Judge, in this letter. does
2 h taxatiOn would olo.e the war in sixty days.
Yes he says that taxation would compel the Pro-
may do it in ninety days and pray God that snsy
WIN do It," That was, no doubt very pous prayer
but, think, not very judioious one Qsushtsrl
ing the opposition Of Judge Mclean to the prose-
cution The Senator from mississippi next read from
The third accusation was, that undertook to sd-
judicate question before It had yet been submitted
for decision, and which he QD well knew was more
than likely to be presented for decisson in the Court
where he sits. with Others for the discharge Of high
judicial duties &c. This, suppose refers to letter
written by last to four i've gsntlsmsnst
Cleveland in Ohio, who urged to permit my name
to be brought before the Buffalo Convention In de-
that honor and in answer to other parts Of the
letter stated as nearly recollect my leter not
being before me) that slavery existed by virtue Of
the locallaw and consequently could not exist With
several judicial decisions and supposed doubted
by no one. In the case Of Graves and Slaughter IL
was recognised by the judges. following the LEAD my
opinion and 1t held that the commercial power Of
Congress did not extend to ce slave trade among the
States; that Congress had power the subsot,
and that 1t belonged exclusively to the respective
States: As q political question, which osn never
come before the Supreme Court, expressed myself
opposed to the extension Of slavery This, far IS
can recollect, was the substance Of the sommunea-
ton"
Mr. FoorE commended that this opinion was extra.
judicial, and strictly beyond the line Of duty Of .
judge Of the supreme court-because It expected
that the very question upon which he thus vou
supreme court and in this view the mpropIisy Of hs
course nfest and iDjudcious. We give the
ciusion Of the card Of Judge M'Lssn:-
The gentleman to whom the letter addressed far
remember did not represent others and did not consider this
sSsasep Of the letter no. written wild
two or three other letters were vrten in answer to let
against Wishes This the first letter.
Der that have written for within The last
and N, Syini0n or public msa'ures foam MCLEAN
MIR. FoorE-Thought this perseverance, Of the Judge
in the right of forming and expressing his opinion
public measures and on like this, to which
he may be called to arbitrate in his OH ,is capacity,
only aggravated his often in this particular. For
his counsel and benefit MIR Foote read the advice Of
ed by Judges in the expression of thsir opinions and
the danger OF trusting to unjust Judses
MIR. KIND hope the Senator will not further 60
MIR FeorE-l am nearly done.
MIR. KINo-The Senator 10 not In order.
Mr.. FoorE.l only desire to place myself reotvs in
curta before the Senate.
Mr.. KISG-Win the Vice President decide,
MIR FooTE-l shall close my remarks the sooner
the gentle little less testy aud i'm patient
Mir. KISo-I desire the Senator to change that Ian
gusge.
MIR. Foo1K-What does the Senator say!
MIR. KISG-Change that language.
MIR. BuTLLR- oh yes, change 1t.
MIR. FooTE- Certainly, Sir. IL the Senator we're
little less solcitous for the rules should have closed
ny remarks the sooner will, however, conclude By
reading short extract from Cicero and the learned
Senator read acoordnRly an extract from the original
Latin, ~ applicable to the of Judge Mclean. The
extract was read with becoming gravity distnotness
and emphasis and at the conclusion from the fact thsA
MIR Foote had almost the entire merit of tho meaning
to himself the Sepats and the galleries Joined In
hearty round CT laughter
MIR. CoKwIr only rose to acquit himself Of some
thing Of imputation Of the Senator from Mississippi
which might be- supposed to attach to himself.
Mr.. FooTE-I do not rec0ect It.
MIR CoRwIN said he did not riee In defens OF Judge
Mclean, but that 1t might not DO inferred from his
silence that he gave his acquescenoe to the charges
based against Judge Mclean upon the fugitive letters
referred to Ishoud not think it necessary other wiss
to say one word In defence OF Judge Mclean With al
respect the Senator from considse
his peculiar political views do think that ell
that he has said he will the slightest imrura
Chap IF Irdy II nb>~