The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-19
-ER. Mr. UNDERWOOD,

Mr. HALE say that the FAC, was so stated upon the
door OF the Senate, Such Is my recollection There
may have been some exceptions, and gentlemen will lie.
member them II there were lne general iael was that
lawyers living side oil the line pronounced that
question of constitutional law oae way, and lawyers iv.
ing on The other side OF the line pronounced the other
way. II there individual exceptions, they have
escaped my recollection; and still the prominent iacl re.
mans hal lawyers lvlng upon one side oil certain geo
graphical line laid down the law way, while those
upon the other side laid II down The other way This
fact was alluded to speech delivered 10 the Senate
have forgotten by whom, but distinctly remember The
allusion. II IS no impeachment OF mans integrity
whatever The senator from South Carolina may consider
ito say that mans opinions are influenced bent and
biased by the circumstances m which he may be placed
by The localities and influences amid which he may be
educated II is nothing than that is I'm.
That is the fact, and the history of the country
will show and not TO be so blind 10 shut our
eyes existing fact because think the fact not
consistent with the highest degree OF purity in mankind
Such is the fact always has been, and always will be
So until human nature is regenerated
What did say about the Supreme Court said and
repeat it, and believe it, that II IS the citadel in which
this institution OF slavery has been protected, and will be
protected; and said that the constitution of that
not its constitutional organization Tor The circuits are
ganiZed by ACT of Congress- said that these judicial dis
trcts circuits organized that a majority OF the
judges upon the Supreme Bench from those parts
the country in which the institution of slavery is upheld
The senator from Ohio, if mistake not, alluded 10 this
in speech which he delivered 10 the Senate time
ago. and in that speech demonstrated by reference to the
history OF the country, that 1t had always been so III
has always been and if southern gentlemen have had
such high confidence in northern lawyers, wonder it
has manifested itself in the legislation of the
country
MIR CASS. Does the honorable senator mean to init
mate that The four judges from the non sayeholing
States have uniformly gone against the five judges from
the slaveholdng States. in reference to this question
Mr.. HALE. did not say any such thing.
Mr.: CASS. Then it was not owing to the division of
Mr. HALE. did not mean any such thing The
honorable senator from South Carolina alluded TO that
and he says you cannot find in which the Judges
were divided in their opinions by geographical lines.
WE'LL can the senator from South Carolina find
where senators upon this floor have been divided accord
ing to geographical lines Can he find It in the other
House Butte return 10 the point these gentlemen have
such high confidence in The integrity OF northern lawyers,
why has happened that they have never trusted maor
ty OF northern lawyers that bench? II they have had
such confidence in the learning and the integrity, and the
fidelity OF northern lawyers, why, in the name Of God
y No. Sir The territory covered by the free States is
vastly larger, and their population and business vast
y larger than that OF the slave States yet this interest
has always been CAREFUL Or II II has not always been
careful has always accidentally secured majority of
southern gentlemen upon that tribunal from the beginning
OF the government down 70 the present time. would
be time enough to talk oil having confidence integ
rity OF northern lawyers when you shall have shown
yourselves willing to trust majority OF them to try those
You never have trusted them, and my word for
it. the day is far distant when this confidence will be
manifested in the organization of this court. s
| know where am. know that am speaking in a
Senate full Of lawyers believe that more than nine
tenths OF this body are lawyers know what the feel
ings OF lawyers are in regard 10 Judges know that
respect forco part OF their very nature and sun
pose that have as much Of lha, in nv constitution az
most men. But with all OF il say, and repeat i'll ap
peal 10 the country to bear Witness will make the
issue before the world will stake what little reputation
attaches 10 so humble name my upon the asse
ontha, upon the decisions of the Supreme Court of the
United States res, the final hopes OF the institution OF
slavery. have said this without mpeaching their in
tegriy. | have said nothing about their integrity and
the remark which the honorable from New Jer
sey Mr. SToCKToNl attributed me- about some Judges
prostratng and prostiung themselves before the inhu
ence OF this institution did not apply TO the judges OF the
Supreme Court but elsewhere, because there have been
under this Law before that stand 10 the
general uutA of the remark which have made be-
eve what have said that il has been constituted with
that object in view-wth the hope that the anchor OF
slavery might there rest place. majority of
that court have been selected for their local positions In
saying this do not mean 10 say that coming from
certain latitude is a dishonest man. No such thing
have said nothing from which that be nlimaled
/ What have said repeat that the judges OF the Su
preme Court are nothing but men. think have seen
as good specimens else here Being nothing but men,
IRON The necessity OF their moral and intellectual
uiion, II must be that they influenced more or less
by the institutions and influences OF the places from
which they come. This is what have said and this Is
;. Mr., UNDERWOOD rise to correc, the senator from
New hampshire IN one particular. He has fallen in,oa
great mistake when he says that the senators south Of
Mason and Dnon's line thought alike upon the pacu-
lar snblec! 10 which he alluded In reference the con-
the opinion, upon the floor OF the Senate in response 10
question put TO me By the late senator from New Jer-
sey, (Ar Dayon,l some years since. that they did so
continue. have entertained that opinion from that day
TO THIS and have avowed il all suitable occasions
Alter the COMPROMISE bill reported by the Committee
OF Thirteen, contended that that provision which pro
hbted the local legislatures from passing any law in re-
specl 10 slavery within these territories amounted on
that account, TO the Wilmot proviso and was anxious
that II should be stricken out on that go further
II am mol mistaken, my colleague, tMr CLAY.l who
was ~ very great degree the author OF these compro.
mise measures entertained aud expressed the same opn
ions which myself have enter on this subject so
that we at least constitute exceptions 10 the genieman
remarks
One word as 10 the geDtemans remarks about the Of
ganlalon oil The Supreme Court OF the United States
The senator from New Hampshire 10 have forgot.
ten that, in the organization OF the Supreme Court and
districts which the judges TO preside that took
place many years ago, before this agitation on the subject
OF slavery occurred.
II he will reflect a moment he will see that he is also
mistaken in another particular. There is much more
territory east OF the Mississippi within the limits of the
slave States, than there is within the limits OF the free
Siaes and IN the organization OF these judicial districts
originally, some respect paid to territory well
10 population On that account the station of Congress-
n forming the judicial districts, necessarily produced
the organization Of the court as il u.s. The senator
mistaken IN surprising that, at the these judicial
districts were formed the free States had greater extent
OF territory than the slave States The fact is entirely
reverse 80 that you can account for the existing state
oil thngs without supposDg that there any sinister
motives IN Congress in the organization OF the Supreme
Court which think the gentle has attributed TO the
two branches Of Cong He should also recolec that
during this whole time there has been majority of the
free States IN both Houses OF Congress n was Congress
that regulated these Districts and they regulated Them
upon The basis OF territory and population
ask you Mr. President, and ask the Senate If j, be
night to make nputatons against the iulpes The