The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-31

and his return TO the United States. His career
was cut short. The time has not yet come for
Americanizing Central America.
This sudden catastrophe must afflct the
Southern Propaganda The President will soon
find out that he has stirred up hornets nest
Perhaps the Commodore will appear to have
displayed too much zeal.
At all events, the Administration must do
something TO assuage the bitterness of the dis.
appointment of the fre.ea What Of Cuba I?
Historical and Legal Examination of the Decision of the
supreme Court IN the bred Scou Case BY the Author
OF The Thirty Years View. New York: d. Appleton
&cO. For sale in Washington by J. shilington.
We are indebted to Mr.. Benton for a COPY of
this Examination" which, although at one
time arrested by a severe attack of sickness in
the author, bears al the marks of his mex
hsustible intellect, and is triumphant refuta-
ton of the dicta of the Supreme Court, in re-
gard to the unconstitutionality of the Mis-
souri Compromise, and the selfextension of
the Federal Constitution to the Territories"
la en- elaborate introductory Note he sets
forth at length his objections to the decision
of the Court" not only because it was without
Jurisdiction and wrong in itself, bat because it
was political, pertaining to the policy of civil
Cover nment of the Union, interfering with the
administration of the affairs of the State"
The ground is taken and ably maintained that
Congress holds its powers from the Constitu-
ncfr q,
not bound by the decisions of the Supreme
Court and that this Tribunal has no right to
attempt to decide political questions, affect
ing Congress in its Legislative capacity"
Congress ought to follow its own opinion, In
dependenty, as it did I" in the case of the
United States Bank, the Sedition Law" &c.,
l.
Mr.. Buchanan appears to entertain quite
a different view. He hailed the opinion of
the Court in the case of the Missouri Com.
promise, although it assumed to set aside the
views on which the Government had acted
from the beginning Of the Consultation, and
would doubtless be pleased if the Court would
settle for the Executive and Congress all ques.
tons on which they have to act In other
words, he would have Congress and the Execu.
tive look to the Court, not the Constitution.
for the definition of their powers, swear allegi-
ance to the Court, not the Constitution.
Mr.. Benton next proceeds to his main work
the Examination of the Courts Opinion, under
three heads:
l. AS it concerns the power exercised BY
Congress over the original territory of the Uni
ted States.
z As 1t concerns the new territory acquired
by the Louisiana Purchase.
B. As it respects the Missouri Compromise
Act.
The great object is to show that Congress
exercised, and rightfully, supreme authority
over the Territories, both original and acquired;
that ]. governed them independently of the
Constitution, by virtue Of sovereign ard propri
tary rights; that the question of admitting or
prohibiting Slavery never rose higher than a
question CT expediency;" and that all this con.
tinued 10 be the case, without distinction of
men or parties, and with the universal concur.
rencs OF ell the departments of the Govern.
ment, legislative, executive, Judiciary State
and Federal, from the legislative adoption of
the Ordinance of 1887, in the year 1889, down
TO the abrogation of the Missouri COMPROMISE
in 1856.
We mead not say with what energy the argu.
ment lie PRES ented, with what an array of facts
and variety Of illustrations it is enforced.
The author sees clearly the practical effect
sought by the PRONUNCIATION of the new doctrines
especially that Of the SelfExtension Of the
Constitution with Slavery to Territories the
institution of Slavery instantly in ell Territory.
over all opposing laws and usages.
" That is the declared effect of the transmit.
grafton of the Constitution to free territory nv
the author OF the doctrine; aud great ia The
extent OF country, either acquired or to be &c.
qnired, IN which the doctrine is to have appli-
cation. All New Mexico and California. at the
time 1t was broached-sll the Territories now
had, wherever situated, and as much "a can he
added to ihem-these additions have already
been considerable, and vast, and varied acces
sions are still expected. Arizona has been 40.
quired fifty millions were obliged to Mexico
for her northern half, to include Monterey and
Saltillo; a next is now offered for Sonora and
Sinoloa, down to Guaysmas; Tehusntenec
Nicaragua, Panama. Darien, the Spanish mart
of San Domingo, Cuba, with islands on both
sides of the tropical continent. Nor do we
stop at the two Arizonias thin coasts and islands
as they are; but, circumscribing the homoge-
neous globe, we look wis;fully at the Sandwich
Islands, and on some germ in the Polynesian
group and plupgiug to the antipodes, pouuce
down upon Formosa in the Chinese sea. Such
were the schemes of the last Administration,
aud must continue, should its policy continue
Over all these provinces, and islands, and
ports, now free, our Constitution must spread,
(if we acquire them, and the decision of the
Supreme Court s:ands,) overriding and over
ruling all Anti-Ssvery law in their respective
limits, and planting African Slavery in its place,
beyond the power of Congress or the people
there to prevent It"
After this, we cannot suppose that the veter-
an author of this eearching Examination, who
sees SO clearly the fearful consequences of these
opinions of the Supreme Court, can bring him
self to support in any way an Administration
and Party which have formally incorporated
them into their creed, and pledged themselves
to abide by them in their policy.
n6y- The Editor Of the Era will receive his