New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-10

ia remembered. and those interested know that
Walker will not stand upon ceremony II he should
discover duplicity. This fact may serve to expsis
the fatteriDg character OF nearly all the accounts
which have come up from that camp, and the sub.
dued spirit Of those which ignored adulatioo.
The newsmongers have deceived the public in
stating that Gov. Marcy was maturing plan Tor
the adjustment OF the difficulties IN Nicaragua
No such purpose is entertained now, for the sug
gestionbs wholly iupracticable. II would be rather
difficult TO devise scheme of settlement when
the parties most concerned have entirely failed TO
make out case which would warrant the inter
position of the Government, even according to
their own showing When Mr.. Vanderbilt and
Mr.. White, who carry the Transit Corporation in
their pockets, appeared here, they were patiently
heard and requested to submit snch propositions
az were supposed to be reasonable. The first
suggestion made was q blockade Of the port Of
San Juan but as they were ignorant until enlght-
ened, that this implied and involved q condition OF
war, it was voluntarily abandoned
The next plan proposed was that public vessel
should be sent down to seize the steamers which
Walker had appropriated, as they descended the
rivers to connect with the line on the Atlantic side
in other words to initiate the example of Walker.
These steamers are held by persons claiming to Do
American citizens of orthodox patriotism as the
Transit Company, and protesting as good charac
ter for veracity and integrity. Between such
conflicting claims for contested private property
the Government could not interfere, even II II
were disposed TO engage in this controversy. Inc
Transit Company made its own contract without
any previous engagement here; and II the bargain
has turned out unfortunately, our Government
can hardly be expected to repair the damage
especially after having been defed and outraged
by this very corporation when IL was engaged IN
sustaining Walker. II the engineer happens to
have been hoisted with his own petard, he owes
the blame to himself sympathy is too valuable
to be expended upon such bad subjects; and It 10
hardly needed as the spectators Will FOOT the oui
at somebody's expense on Change
HOPE is now entertained that the Missouri case
will get decree upon its intrinsic merits from
the Supreme Court. Four Of the Judges have
already united in admitting the jurisdiction, and
but one more is needed to insure a majority. The
final consultation viii be held tomorrow night
An effort has been made to set aside this cause
upon false issue of jurisdiction, which really in
wolves the whole issue at stake It's cOntended that
the plaintiff, bred Scott is NEGRO slave" and
therefore not entitled to bring the suit, aud that
under this state of facts the Court has no juris-
dictOn This is an assumption OF everything de-
MED on the one side and asserted on the other.
Scott claims his freedom and desires to be heard
upon the merits of his claim. Ii would BIO a
strange proceeding to decide upon q pretease Of
jurisdiction the very issues in controversy, while
excluding all consideration of their legal force.
The opinion of the Court in the case Of Wells
who was sentenced 10 death, and then committed
to Imprisonment for life by President Fillmore, Is
prepared and may be delivered to morrow or the
next day. The majority maintain that the power
to pardon necessarily carries with 1t the power TO
commute, and, therefore, that the clemency was
properly exercised. The time may come when no
act of Executive usurpation will be without it's
judicial extenuatOn or justification. 1t already
is like appealing from Caesar to Caesars Senate.
Judge Mclean is understood to differ with his COL
leagues, and Judge Curtis to doubt the jurisdiction
in the case.
A decision of very considerable Importance and
involving large money interests, was given In the
Supreme Court to-day. A brief outline OF it may
be desirable. In 1916 the Bank of the State OF
Ohio was chartered, with condition that six per
cent of the annual profits should be paid to the
State, in lieu of all taxes whatever. Alter hve
years of successful and acceptable practice under
this system, the Democracy got power, and, as
usual made war upon the bank their fav0rite
hobby. An additional tax OF $500 600 per an
mum was imposed. 1t was resisted, OF course,
and the Supreme Court here held it to be uncon-
sttutiOnal. In order to avoid this objection,
Convention was called to revise the Constitution,
and ali amendment was carried intended to justify
subsequent legislation to the same effect. Under
this revised instrument, the former law was re-
newed, and was met by the same opposition.
Messrs. VintOn and Stansbury argued the cause
for the Bank, and Mr. Pugh, who was instrumental
in engendering the original opposition, for the
other party. Elk of the Judges maintained that
the whole proceeding was unconstitutional, mas.
much as it tended to impair the obligation Of con-
tracts, and that State could not by amending it's
Constitution attain an unconstitutional object any
better than by an Act Of the Legislature, as was
attempted in this case. Judges Campbell, Catrcn,
and Daniel, held that the power of taxation was
one OF local sovereignty, and could not be re-
strained by the Intervention of the Federal Gov
eminent. Both opinions covered the whole ground
involved in the investigation, and consumed three
hours in the reading. INDEX.