The republic., 1851-12-20

slavery? Was il his object TO say that that court
should be constituted differently from what il is
under the Constitution Of the United States? is TO
its organization, as constitutional judicial tribu-
nal, that he objects? Or what am to understand
to be the gentlemans assertion in relation to that?
Mr. HALE. What meant to say was this: That
the division of the United States into judicial cir.
cults is such as to give majority of judges upon
the Supreme Bench TO those localities in which the
institution of slavery is sustained.
Mr. BurLRR. Then the Senator undertakes TO
say that judges who come from the southern por-
ton of the United States are not honest for it
amounts to that. As far can speak of the opin-
ions of the Supreme Court, can say that have
discovered nothing of the tendency attributed in
the decisions of the judges from portion of the
Union or the other. In the celebrated case Of
Prigg cs the State of Pennsylvania, the judgment
was, believe, pronounced by southern Judge !;
and believe it has been generally understood to
be one of the most unfortunate decisions in its
effects upon the South of any that has ever been
made by that bench. believe that Judge Wayne
was authorized to draw that opinion.
Mr. SuMNER, lin low yoice) 1t was Judge
Story who delivered that opinion.
Mr. BUTLER | am informed that Judge Story
delivered the opinion in that case, but Judge
Wayne certainly concurred in it, The Judges
Ianly by any geographical line
Since the gentleman has been 30 bold in his ex-
pressions defy him, in the face of this Senate to
produce a single case in which the Supreme Court
has deiberated on any matter affecting the insti-
tuition of slavery in accordance with the sections of
country from which they came, in which the south
ern Judges have taken one view and the northern
Judges another or in which there has not been a
perfect indifference to the sections of the Union
from which they were selected. The gentleman has
made bold assertion which he cannot sustain. The
strongest opinion given on the Supreme Bench,
in relation to this subject, given by Judge
Thompson, in which judges from both sections
concurred, in the case of Prigg The State Of
Pennsylvania, in which Judge Wayne, the cx-
treife southern judge, gave separate decision,
concurring with Judge Story Has it come to this,
that judges in the original organization of the Su-
preme Court under the Constitution, and at a time
when honest men were disposed to preserve and OBJ
itthat judges sworn to observe the Constitu-
ton and the laws of the land can have it imputed to
them that, if they come from section of tile
Union, they are less likely to be honest than those
who come from another? fthe gentleman intends
to have reorganization OF this court, presume he
wants to have it in such way to give pre-
ponderance to the northern section.
If you will select lawyer from any section of
the United States, and place him upon that bench,
if he is an honest man, would soon trust him
if ne came from the North as if he came from the
South. am not one of those who believe that
Judge can act under the temptations of dema-
gogue. Placed on that bench, elevated above the
ordinary excitements which too much influence
political controversies they have nothing to do but
to appeal to the Constitution, and be governed by
their eonsciences in the administration of justice.
II is unjust; and will not, southern man, al
low myself to suppose that any of the considera-
tions imputed to southern judges would influence
northern judges under the obligations of an oath
while the discharge of the sacred duties deyoved
upon them. will not make such an imputation
upon the judges of the North. 1t is casuistry of
morality which will allow gentlemen to make such
charges TO pollute the public mind.
would rather have heard any other department
of this Government assailed, because the other de-
partments have their representatives and advocates
on this floor. The President is represented by his
advocates here The different political parties have
their advocates But the Judges ofhe Supreme Court
have to take the aspersions of everybody who may
think proper to make political capital by attacking
them, for they are not represented. am very
unworthy pe!zon to speak for them on this erca,
sion, and do solemny declare, so far as regards
their opinions on the subject of slavery, in looking
through them, have not been able to discover any
thing like bias North or South.