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


prosecuting the in Mexico with vigor and effect 10
the glorious consummaon since realized, Judge Nc
Lean wrote letter under date OF the 18th of January,
which was apparently prepared Tor publication in the
newspapers, copy OF which Is now before me in the
columns of Niless National Register, from which read
as follows:
miserable with Mexico Is more remote than when
the first blow struck. In my judgment it was
necessarily and unconsituiionay commenced by march
ing our army into disputed territory IN the possession OF
Mexico; and think that Congress, who unquesiionably
have the power, should put end TO the just
and honorable principles" What the Judge siders
just and honorable principles" will presently appear He
proceeds thus ''After agreeing upon the terms on
which treaty should be made, they should call upon
the Executive, by resolution, to offer peace to Mexico
upon that basis; and during the negotiation hoslilies
should be suspended Ii the President shall refuse TO do
this IN The military appropriation bills, the army should
be required 10 take such positions as shall carry out the
views OF Congress. These bills the President could not
veto, and he would be bound by their requirements.
This may be done by the House" After discussing
very boldly the expediency of issuing treasury notes,
and deciding against such measure, the Judge thus
expresses himself: To meet any deficiency OF the
revenue to pay the current expenses OF the war, |
would authorize loans at par paying not than SIN
per cent interest; and If loans cannot be made at thus
rate let The administration resort 10 system q tdration,
observe what ollows lceh shall cause the people to
feel the expense Of he dA should be decoMpa-
nied by system of direct and internal taxation. Moth
ing short Of his sho,c, ia addition TO the sacrifice
clusion, he says II risk nothing In saying that an at
tempt to adopt such system would wind up the Next
can in sixty days. And this shows that the war
should be put end to. This be done by Congress
| in ninety days, and pray God that they may do it,
Well sir, in my judgment such prayer was as unpa-
trolc as any eyer heard Of Had it been answered, as
doubt ferventy desired 10 ben other words,
hal the been brought to end by such
means those mentioned by Judge Mclean TO
w.t. by grinding and merclless system OF direct taxa;
ton, 10 " make the people feel the expense Of
prosecuting further, and thus by disgusting them with
it, the should have been made to terminate in sixty
days from the 18th of January ls4St is too evident for
DEM
for want of the sinews of war; to withdraw vcto-
rious armies from the enemy's country in disgrace.
Judge Mclean desired all this; he devoutly prayed
for it and yet he now declares that he uttered
such sentiment to any one" The Judges memory. it
seems TO me, is unsound as his political morals and
wish him a speedy reformation OF both.
The allegation made by against the learned Judge
he explicitly admits to be deserved He goes farther; and,
TO my profound surprise and doubtless 10 the surprise Of
the whole country he dare TO justify his conduct and even
threatens to repeat the offence complained OF whenever
he may feel inclined to do So. And that perhaps was
the serious accusation preferred against him. What
was III Why, that he undertook to adudeae ques-
ton before it had yet been submitted to him for decision,
and which he well knew more than likely to be pre-
scented for decision the where he sits with others
for the discharge OF high judicial duties" The Judge,
after confessing the writing of the letter in ques
ton concludes his card thus This is the first far
| now remember that | have written for publication
within the last years As citizen, claim the right,
and shall exercise it, OF forming and expressing my opin
ion public measures" In other words, he claims the
right uader such circumstances as existed when he wrote
the letter under consideration to write such letter as
the following
''CoLUMBus, July IS, ls45
"ciExraEuEv: have delayed your commu-
nication OF the ilh Instant That fn'ght nave Time ior
reflection This due TO to myself to the
object AMI perhaps the country have endeavored to
consider the in all its aspects and consequences
After declining TO permit his name to be submitted to
the Buffalo convention for presidential nomination,
| he thus concludes:
| "Resng upon the principles of the constitution, as
they have judicaiy etted the free States, by mod
Grafton vigilance, and irmness. may prevent the
liens O
rViihou Tie sanction Of iaw lrery more exist IN
territory than man rchout Stapes
property tcher made By the municipal a,c
7ae legislature Of 7rttory can ererss no pocer nh'eh rs
not Conferred on IL by act Of Congress"
Such the gratuous dlctum OF Justice Mclean
upon the grave questions alluded to by him all of which
he well knew TO be open questions at the date
lof his letter. non res ddjudtedta; or II not abso-
llutey So at any rate questions concerning which
The abiest legal minds of the republic were at 49,
sue; questions which, about the date OF his letter,
or little while before underwent n discussion IN
this chamber not TO be forgotten, and to the
result of which the whole nation looked Tor weeks
with breahless and intense soliclude questions DIM
cult exciting and Of the utmost magnitude, for the regu
lar adjudication of which by the Supreme Court OF the
United States plan had been most wisely and patriot
caly devised and which it was hoped by good men and
sound patriots everywhere might yet obtain
sanction and be instrumental IN rescuing The republic
from imminent peril, and re establishing the old relations
of atenal Kindness between the northern and southern
sections of the Union These questions yet remain I'M
adjusted Justice Mclean has disqualified himself Tor
all participation in their future settlement; he has fur
nlsheu q most unfortunate Vi luui0ih'
ton by the PRONUNCIATION of his opinion through the
medium of the newspapers, which, II not prop
erly rebuked, may be hereafter initiated to an extent
both nischievous and dsgraceiul; he has declared
his determination to perpetrae similar outrage mere,
after whatsoever he may choose; he has mingled
hercely and ungraciously in the strife OF political
warfare he has openly in the midst OF war with an OBJ
stna,e foreign foe taken sides with that Zoe and against
his own country; and now, when 1t Is proposed to
extend 10 him high privilege and senator, VINO
is called upon in favor OF extending TO hin the
privilege question, his place here refused to do So
and assigns his for such REFUSAL he accused ct
uerlng the language OF unjust 'abuse, and his state
mens of fact insutngly and arrogantly contradict
ed Not wishing to incur the charge OF using abusive
cpithets again. shall content myself after declaring
again, deliberately, my opinion that Justice Nc
Lean for the made apparent in this debate,
is wholly unfit to hold and exercise the high Of
fee once occupied by men whose fame Is as en-
during the eternal mountains and the light OF
whose minds will irradiaie the pathways OF justice
the children of men. What | mean by unfinesS beg
leave signify by reading the following short sentence
from the pages of one who, as an orator and writer
statesman and philosopher, had no equal IN Rome OF
Greece I cite from Ciceronis, ID book, page 752
"Qgem enn inepspn nihi piaetur a6 hoe
ha here dncfun quod non sat aPu dqae Ia seT1nou
nostr consustufne yeytae p1ts Nam qui au! fsp'pa
guid posiiei, uidet aut piEa oqufur am Sc osttnt
a sorug qibscuB e gel digHatis. pei coSi1lo8i ratio
set, sn; deniu, an aliguo gaot du inc0ne'n
ant ur,iius est, rs snsptus dicitur'
Mr. KING hope my friend from Mississippi viii
postpone his remarks there public business which
needs attention, and do not perceive that the debatt
now proceeding Is IN order.
Mr. FOOTE. | hope my friend from Alabama will
not be inpatient as am about bringing my remarks to q
close am sure that he would thus have interrupted
me at all haahe heard my opening remarks, and known