The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1857-05-27
From the PhilAdelphia Times.
John Jay,
First Chief Justice Of the U. s.,
VERSUS
Roger y. TAney,
The present Chief Justice.


Roger y. fancy,
The present Chief Justice.
Every schoolboy is familiar with the "cia-
rum ct venerable nomea'' Of John Jay. Ev-
cry lawyer cherishes the profoundest defer
ence or the learning and authority OF him
who was selected by George Washington to
be the FIRST Chief Justice Of the United States.
Every citizen of the Republic 10 proud OF the
Industrious fame Of him whose proyerbinl
spotless private life shed lustre upon his
splendid public career. John jay was one
OF the very purest, noblest, and wisest OF the
Fathers of the Revolution and of the earlier
DAYS Of the Constitution. He was the init.
mate personal friend and the trusted con-
fdentisl adviser Of Washington. The dig
nifty, integrity, and legal srudition OF his
Chief Justiceship has never been excelled,
even BY the powerful genius OF the venerable
Joha Marshall, or the various culture OF the
gentle and lamented Story. Chief Justice
jaw was the ft compeer Of President Wash
ington. But it we're surperfuous to prolong
eulogy of him whose name and life il one OF
most golden characters Of our history and one
OF the grandest inheritances left to the pres
ent.
1t is therefore with no ordinary pride and
qualification that we lay before our readers
letter Of John Jay, which, although written
years ago, effectually disposcs OF Mr.. Justice
Taney and his associates on the bench.
This letter, ~ its date shows, was written
during the controversy which terminated in
the Missouri Compromise. But it happens
to hit the very point misdecided BY the judy
es OF the present Courts. They have given
their opinion that Congress cannot control
the subject Of slavery in the territories.--
John Jay considered that the authority OF
Congress to do so is "unQuestionnble."-
They have also given the revolving opinion
that negroes have no rights which white men
are bound to respect, and that our fathers
thought SO. Judge fancy quotes the Decla-
ration Ut Independence--the. very clause OF
it cited in Judge jays letter as proof OF
this calumny upon the fathers. Mark how
John Jay refers to this clause. But to the
letter.
"BrproRD, Westchester Co., N. Y.
18th November, 1919.
DEAR SiR:-I have received the copy Of a
| circular letter, which, rs chairman Of the
committee appointed by the late public meet
ing Mt Trenton, respecting Slavery, you were
pleased to direct to me on the 5th inst.
Little can b added to what has been said
and written on the subject Of Slavery.
concur in the opinion that it ought not to be
introduced nor permitted in any OF the NEW
States, and that it ought to be gradually d.
minished and finally abolished in oil OF
them.
To me, the constitutional authority Of the
| Congress to prohibit the migration and i'm.
portation OF slave 10 any Of the States,
does not appear objectionable.
The first article Of the Constitution sp Hci.
| fes the legislative powers committed to the
! Congress. The ninth section Of that article
has these words: 'The migration or impor-
/ taiion Of such persons rs any Of the notn er-
! isttnq States shall think proper to admit,
shall no. be prohibited by the Congress prior
/ to the year 1903, but tax or duty may be
| imposed on such Importation, not exceeding
ten dollars from each person.
/ understand the sense and meaning OF
this clause to be, that the power Of the Con
! gresss, although competent to prohibit such
migration and importation, Was not to be
exercised with respect to the then existing
States, and then only, until the year 1908
but that the Congress were at liberty to make
such prohibition rs to any ,seW State which
might in the meantime be established. And
further, that from and after that period
they were authorized to make such prohi-
! biton ss to all the States, whether new OF
| old.
! 1t will, presume, be admitted that slaves
we're the persons intended. The word slaves
was avoided, probably, on account Of the ex-
listing federation Of Slavery, and its discord-
ancy with the principles Of the Revolution
and from consciousness Of its being repug.
nant to the following positions in the Decla.
ration Of independence
We hold these truths to be self-evident
that all men are created equal that they are
endowed by their Creator with certain inal.
lenable rights; that among them are life,
liberty, and the pursuit Of happiness.
As to my taking an active part in sorgani.
ling plan Of CO operation the state Of u,
health has long been such IS to not admi
/ of it,
Be pleased to assure the committee of m,
/ best wishes for their success, and permit mt
/ to a.surcyou of the esteem and regard with
which am, dear sir, your obedient and faith
full servant. joan jar. .
To the Hon. ELIAS BoUDrNor.o
This letter is precious relic of the vene
rable past. 1t 10 addressed to one who wa,
himself one Of the purest and noblest Of tn.
sages and patriots Of early days.
The words in italics were 30 emphasized
by Jay himself. The letter is an exquisite
specimen Of the clear, transparent, exact
direct, and luminous intellect Of the Rrs
Chief Justice, and Of the simple, humane
and Christian character Of the bosom ftisn,
OF Washington.
Fanny Theatrical 1eminisccnce.
Billy williams, the English com disn,, nov
deceased, was one Of the best. naturcd mel
alive, and although without ednoatisa. /.
capital comic actor. Billy uas . regala
Cockney in his consaesasi0n, ed pad q,
attention to the rules q Assray's Gramaas
An amusing convassaAieo between him an,
William E. Burton, the theatrical manager
10 thus related by friend Of the parties J..