Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-21

taken together, represent much OF Intelligence Vue ana
patriotism be found in the number OF persons ID
any part of the Union
Sir protest against this attempt 70 create false csmor on
this subject by making issue upon little items Of evidence OF
little scraps Of statements which may have been adduced mere
incidentally with purpose 10 vouch TOT he accuracy OF
their details but only with the object Of showing distinctly to
the Senate and to the country that there believed to be an
abuse upon this subject which demands
ton Who has the face deny that theres such an abuse
Why sir upon this question there are some acts which can
not be disputed 1t is fact in the first place, that these
odous laws The statute books are the evidence OF that
fact And if those of the State OF Louisiana or OF Georgia
do entirely conform to the views which have been given
Of them, denies that the laws OF South carolina on
this subject are precisely what they have already been
scented TO be.
In the second place. sir is fact that these laws
cuted No denies that they executed, both upon our
own seanen and upon foreign We know by un
impeachabe records upon of which the Senator from
Georgia has himself pronounced an official opinion We
know il by the records of other countries well
Why sir if mistake not this question has been brought before
the Parliament of Great Britain within few months past
believe that the very last session of Parliament the sub
jec Significantly noticed in the House of Commons
having been freshly brought to the attention OF the Secre
tay of State in this country by the British Minister owing
the recent seizure Of than one British sailor These
outrages and abuses have been perpeaed upon British
well upon American vessels.
In the third place. SIR it is fact that these laws have been
unconstitutional by the highest judicial authority
We know that Mr. Justice Johnson himself citizen OF South
Carolina gave elaborate opinion that these laws were con-
tray the constitution Of the United States His opinion,
to that effect is in the very volume before me-, where any
one may see it.
And lastly sir it is fact that if we have been obliged
rely upon evidence CLEANED here and there from the keeper
Of coored home, from the captain Of Massachusetts,
mechanically il is because have been refused the oppor
tuny Of obtaining authentic testimony through the proper
and rghtfu channels We know, and the Senator knows
that attempted, in the first instance to employ attorneys
lawyers 10 the Southern States for the purpose of nves
eating this question and bringing it to decision before their
judicial tribunals and that when had failed IN that
attempt, agents Of own-most respectable and emil
nent employed who repulsed from your
doors and turned away with indignity.
Sir, these facts which deny. And neither
abuse impuaton heaped unustly upon Senator who
may attempt array them before the country, any mser
able quibblng upon which may have been brought
here showing the opinions and estimates which others
may have formed the subject neither the one nor the
other do away with these notorious and welauthenca-
ted facts You rail them out Of existence. They
stand upon the records Of the country and there they will
stand perpetual reproach and ebuke to those who insist
that this question shall be brought before responsible
Judicial tribunal and shall not be tried in the ordinary con-
stitutiona manner.
Mr.. EWING. do not myself. Mr.. President, give much
weight in legislation to ordinary letters whether they be
anonymous vouched for by respectable names They
amount in general to little than statement Of
the information opinion Of the individual very frequently
founded upon facts whatever, upon few facts with
much influence. should have given very little weight, be-
yond the single stated occurring within the actual
knowledge Of the writer the letter introduced by the Sena
tor from Massachusetts,, it had called forth comments
and no contradiction. But the time, do net think
Senator liable to any just reproach harsh anmadveons
for introducing letter into the Senate especially If he takes
say that he does not vouch for the truth Of its
mens Indeed the Senator from Massachusetts, had worthy
precedent hand for dealing in this kind of evidence
Why, sir is but very few days. perhaps should rather
weeks since in debate here the Senator from Georgia
BERRIEN) introduced and read in the Senate letter from
California, written by respectable gentleman to another
spectacle gentleman the neither Of whom that homo
rabe Senator fit to give the authority Of which letter
the honorable Senator thought proper to insist in very
direct and emphatic manner, that the military officers and
diplomatic agents the Government had deded the people Of
California into the adoption Of the antsavery proviso in
their constitution The honorable Senator from Georgia did
vouch for that statement ALL He argued from it. he
reasoned from if he believed it be true and when
contradicted the statement he still dwet upon it with
diminished emphasis and his speech, which has been since
published shows that he felt himself authorized to treat
fact proved took then to advise the honorable Sena
that the without foundation, and now say
as then said, though in emphatic terms that every
word Of which charges such interference that question
is false Yet imputed then, and now impue nothing to
the Senator from Georgia unworthy of his high character and
station all But certainly he stood in favor
able situation than does the Senator from Massachusetts,
whom he anmadvers upon with much severity now, for
having introduced letter. the of the writer of which he
and for whose statements he declared he did not
vouch.
Mr.. BERRIEN. This is a personal assault, which re.
qures word from me.
The opinion Of Mr. Justice JOHNSON too long for in
serton in this debate But the following communication,
which among the printed documents Of Congress- will in
dictate its character &.
Judge johnson to Mr.. Adams.
CHARLESTON, july s, 1924.
SIR: know not from whom the Government expects
municaons such tbs present. but daily made sensible
that the of the community turned particularly
judges OF the Supreme Court for protection of their
situona rights while feel myself destitute Of the power
necessary to realize that expectation Hence, although obi
ged to look and the constitution of the United States
Tdmped by set of vho sincerely beEeve are as
much Influenced by the pleasure Of bringing fnctionaries
into contepf, by EXPOSING their impotence by anu other
consideration whatcuer feel my duty call the attention
of the President the subject one which may not be
worthy OF official remonstrance of the Executive of the
| State
In the envelope which encoses this taken the liberty
to enclose three documents The first of the Legis-
laure Of this State passed at their last session. from which
will perceive how very far your expectations are from
being realized, you expressed them Mr. Canning in
your letter Of June l7h 1928 The second is paragraph
from the Charleston Mercury Of the Esd u from which it
scalled pressing the execution of that law And the
third is article from the Charleston Courier OF the GOTH
which contains report of the of Amos Daley from
which appears that he citizen Of Rhode Island and
| an articled seaman on board of an American vessel
The ground of defence taken for him will appear and
the disregard Of them the principles acted upon BY the
people who are pressing these measures.
This has come of with twelve lashes, because /" he
could help himself returning this port " but you
from the law that this summary court the
of nctng in the most summary manner twelve thousand
| lashes, should they think proper
am wholly destitute OF the power OF arrestng those
Both the writs of habeas corpus and injunction
precuded from using because the the form
cali upon since District Attorney himself member
have further countenance