The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-12-03

COL BENTON has written very for
chile letter, addressed to Judge ROBERT
SON, Of Kentucky, who was member
of Congress and voted for the Missouri
Compromise-upon the constitutionality
of that important act. Judge ROBERT
SON has, himself been defending the pol
icy and validity Of the measure, which
he supported in its,passage and has held
to be sacred compact between tie
North and South, through his whole
life.
Mr.. BENTON presents the question in
a strong and new light. He makes .
distinction between political measures Of
legislation, dictated by public policy, the
reasons for which the court cannot de-
termine, and matters Of civil right de-
pendent upon permanent and defined
principles Of Jurisprudence. The Mis-
souri, Compromise was political meas
ure, of State policy, the reasons and mo-
tives for which were not subjects Of en-.
quiry by the court, and belonged to q
province Of government out Of the courts
jurisdiction. 1t was a measure, too, no,
to be determined or judged by the pro.
visions OF the constitution, whose opera.
tons are limited to the States. Instead
Of extending the constitution over the
H. .,,. r.,
e''oe' anu "e ~ '"S '''' '1"
damental law of all territory beyond TIT
Co.,. NJ. p.. .a, A.. a.,
o'a'e'' "'' DNSioN 'o'''eiu' ''"' VIZ
constitution Of the United States has N
corce or affact bavor., Tho l;m;ts of IN,
WIZ W e"'o' "o'o '"e ~
States. 1t was adopted by the States
81 -, - ,1 -.,;o 90,
"''" ''' Po"0'' anu oP''a''o"' "' Oo''
fined strictly to the States. The Terri
tories, according 10 Ooi' DhEroSs views
are subiect provinces. without the nal
,.,. =,
Oh the cohstitut'on' uePehoehs upon III
will Of Congress-. This he contends wa
Al. c.,.r
tue ooctrihe VI the 'alheIs VI the conss'
tution. and the principle mon which tn
C. .a;.,.s g., -
"o'e'"'io"' maS ""'n'n'Sse'eu 'o' se'
enty years. The strict QuestiOns Of la,
.rd ;nd;v;d,.I r;ohts ;,vo,ved :, IN
anu ''o' 'os~ ." ~
case, he does not discuss but he say
Of hat
Fart OF tine decision which relates TO u
nulllty Oh the compromise act, ana 70 III
self-cxtension OF the constitution to Terrific
ries-is the heaviest political blow that eve
fell upon my heart, and LEFT me IN . state I
total impossibiiity OF remaining silent undt
it. view IL rs You do-as dreadfuliy wron
In itself, and entirely exsraludiciai, and OF n
more weight than the opinion OF any ha
dozen equally respectable citizens coming
the same conclusion upon inconsistent, IN
compatible, and contradictory reasons. Tbs
compromise act was political enactment
made by the political power, for reasons, an
these reasons among the largest that ever Ia
fuenced human legislation--no less than
reconcile divided and distracted countr,
and to prevent our sacred Union from spill
ting asunder. As such political enactmeI
the court had no right TO Judge 1t, even IL Il
question had come fairly before it-which
did not; for the Judiciary cannot judge pt
Itical questions, neither OF right nor in fac
TOR these questions depend upon considers
tons of policy which the Judiciary cann'
touch. and not upon the Interpretation
phrases, to which t.:e court is confined. III
same OF the self-extension OF the constitutio
to what that constitution should extenc