The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1857-12-24
From the Lexington Observer.
Mr., Benton and the DTGd Scott Case,
T5 Gen. Robertson, Esq, r-Cdi:f Justice, &c.
Lexington, Ky.

To Gen. Robertson, Esq, Er- -Cai:t Justice, &C.
Lexington, hy.
MY DEAR SIE:-I have read with in
finite qualification your publication in
The National hlteiiigeRcer, on the de-
cision Of the Supreme Court on tho
Missouri Compromise act, and concur
with you most heartily, as you will soon
see in the 9th volume of the Abridg-
ment of the Debates Of Congress, now
in the press, (the Messrs. Appleton, of
New Yorkl) and also in an "Examina-
ton" which I have made Of the same
branch Of the decision in a thin octave
Of 200 pages, likewise now in the came
press, and quickly to appear. This de-
cision-that part of it which relates to
the nullity of the Compromise act, and
to the self-extensiou Of the Constitution
to Territorios-is the heaviest political
blow that ever fell upon my heart, and
left me in a state Of total mpossbility
of remaining silent under it. l view it
as you do-as dreadfully wrong in it.
self and entirely extrajudicial, and of
no moro weight than the opinion Of any
half-dozeu equally respectable citizens
coming to The same conclusion, Gin
much part) upon inconsistent, incOm
patible, and contradictory reasons
That compromise act was a political
enactment, made by the political power
| for political reasons, and these reasons
among the largest that ever influenced
| human legislatiOn-no less than to rec
oncile a divided and distracted country
and to prevent our sacred Union from
splitting asunder AS such pohtica
enactment, the Court had no right t,
| Judge it; even if the question had COM
| fairly before (which it did not fo
the Judiciary cannot judge politica
questions, neither Of right nor in fact
| for these questions depend upon con
siderations Of policy which the Judici0
~ cannot touch, and not upon the in
terpretatioR Of phrases, to which tn
court is confined.
The same of the 8elf-eXtension Of tn
! Constitution to the Territories; it was
political question as to what the COnsti
! tuition should extend; and il was limit
ed by its own words to States; and ha
been so acted upon by Congress, and b
all authorities, Estate and Fedora
/ Legislative, Executive and Judicial,
from the commencement of the Fedora
| Government to the present day. And
venture the assertion that there ha
not been one single member of Con
| gress in the seventy years in whic
| Congresses have been held, who has nj
voted for objects in the Territories (lC
cal internal improvements, for exam
lple,) which they would not vote for in
State; and upon the express ground tn,
the Constitution did not extend to Te
ritorios. The ordinance Of 1887 W,
the Territorial Constitution, given
| Territories as asovereign gives cha
ter TO his subjects; and as such W,
made in concert with the Constitution
as you well say, and indispensable TO Il
formation Of the Constitution; and
such was provided for-doubly provide
form the new Government; FIRST,
the clause in tho Constitution which q
wolves all the "engagemouts' Of U
! Congress Of the Confederation upon ii
now Federal Congress; and, secondl
lby the act Of the new Congress, Of Au.