The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-06-26
OPINIONS OF JUDGE MCLEAN.

A world is shut in among these hills
Stay in ii, Barbara, stay, for your peace!
OPINIONS OF JUDGE MCLEAN.
The use which has recently been made of the
name of Judge Mclean, Of the United States
Supreme Court, in connection with the Presi-
dency, imparts interest to the subjoined cores
pondence between him and the late Chief JUS
tice of New Jersey, which we find in the North
ern papers.-Nat. L,telliyencer.
NEWARK, May, l3, 1856.
MY DEAR SIR: Your communication to the
National Latelligeneer of December, lS47, has
just been reproduced here, and have now read
it for the first time. / have been looking with
no little solicitude for the decision of the Su-
preme Court in the case lately argued, involving
the question of the constitutionality of the Mis-
souri, prohibition-a question of great practical
| importance now, when the traditional policy of
the country, from the period of independence,
on the subject of Slavery, is sought to be over
| turned.
Though it is long time since left the
bench and the active pursuits of the profession,
and but short span remains for me here,
continue to take great interest in the decisions
of the courts and in the political questions of
the day, especially such as relate to Slavery,
which seem to override all other questions, and
shape our entire national policy. 1 will feel
greatly obliged to you if you will put me in the
way of getting a copy of the decision as soon
as it shall be made.
And now, as / am on the subject, must add
a few words to unburden myself, for 1 feel most
| deeply in the present crisis. Of course l do
not offer on my own part, nor ask on yours,
any intimation of opinion on the constitutional
question now judicially before you, in advance
of the judgment of the court. / know too we'll
what the prophecies of your position demand of
yourself and of me, to do SO; and, indeed your
known views on this point leave me, SO far as
you are concerned, nothing to learn nor any
thing to desire.
The broad ground maintained by you in the
communication to which / have referred, is
quite satisfactory to me on that head. If your
construction of the Constitution were enforced,
we should have no more slave States, nor any
further extension of Slavery. But upon the
great political question of the day, the admis-
sion of Kansas as free State, the issue now
being made up for the decision of the great
tribunal of the people, feel at liberty to speak
freely.
You and I are natives of the same State
the little but patriotic State of New Jersey.
Your birth was contemporaneous with the adop.
tied Slavery in the Northwestern Territory, and
secured Freedom to the great States of Ohio,
Indiana, Illinois, Michigan, and Wisconsin |;
mine preceded that event several years. You
were early planted on the frontiers, to grow up
| among the hardy pioneers with those young
empires which have sprung up at your feet, as
if by magic, at the touch of the wand of Lber-
ty; and have fingered amidst the battle-felds
of Monmouth, of Princeton, and of Trenton.
Both have lived to see Slavery abolished in
our native State, and both have witnessed from
the beginning the glorious results of the hu-
name and patriotic policy of our fathers so
happily signalized by that benefcent and in
spring measure to which the free West is so
deeply indebted.
With these results before us, nurtured and
schooled as we have been among the men of the
Revolutionary period, and animated, as trust
we are, by the true spirit of enlightened Chris.
| tianity, we cannot look upon the scenes of VIC.
lence, of bloodshed, and of civil and fraternal
war in Kansas, cOuntenanced as they are by q
faithless Administration, and a powerful but
ruthless political party, without deep mortifica.
ton and alarm, nor without burning ndigna-
ton.
We need, my dear sir, for this difficult crisis,
at the head of public affairs, wise, patriotic,
well-balanced, experienced, firm, and self reli.
ant statesman, whose known qualifications and
character may inspire universal respect and
confidence with all right minded men. With
such pilot, shall feel safe, and am glad to
see the public mind turning towards YOU. It
is an augury of good. 1t is an evidence that
the imminent dangers of the crisis are appreci.
ated for it is in times of storm and peril that
the fearful and the faithful naturally turn to
such as you for safety.
The present Congress ought not to adjourn
without admitting Kansas as free State. You
are on the spot, and as this is purely political
| question, and partakes not at all Of judicial
character, you may properly express your opin.
ions, and exercise your rightful influence in
| regard to it. The exigency demands that we
| overlook mere forms. When fraud and violence
stalk abroad over one of the fairest of the heri-
tages of freemen, and when it is sought to plant
Slavery in the virgin soil of that beautiful Terri.
| tory at the point of the bayonet, it is no time
| to talk of technicalities. The peace and honor
of the country are not to be deferred to such
| considerations as these.
The population of Kansas, before the begin.
| ming of another Congress, and possibly before
the close of the present, will run up to loo, 600,
if the war of exclusion and determination now
going on there shall be suspended by so whole.
some and patriotic measure. But / must
stop. If I should give way to my feelings,
should weary your patience.
| hope my days may be prolonged to see this
contamination, SO devoutly to be wished, and
then ! may say, with peculiar JUNCTION, my
"nunc demittds."
Yours, most respectfully and truly,
| JOSEPH c. HoRNBLowER.
CINCINNATI, June 6, 1856.
MY DEAR SIR: Your eloquent and patriotic
letter of the 18th of May was forwarded to me
from Washington, and came to hand on my
way to the West, when had only time to &C.
knowledge its receipt and my obligations for
your warm expressions of kindness and conf
dence. Since then, have been engaged At my
circuit in Indianapolis.
| You will have learned before this, from the