Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-12-31
Benton On the Dred Scot Case

Benton On the Dred Scot Case.
The Washington correspondent Of the
ST. Louis Democrat, in speaking of the
book lately issued, written by Thomas
Benton in review Of the Dred Scott decis-
ion, says:
will venture the assertion that, in his
toric research and cogency of argument, it
Is superior to anything the distinguished
writer has yet produced, while the idioma-
TIC, condensed style of the Thirty Years
View is sustained in it with unabated vigor.
He proves that the fundamental error of
the Supreme court was lis affirmation of
Calhoun's celebrated proposition, that the
Constitution of the United States extends
of itself-by its own inherent powers-to
the Territories. He discloses tho origin
and birth date of this doct:ine. 1t saw the
light in the first session of the thirtieth
Congress, ten years ago, but it was in the
succeeding session it attracted attention.
At the close of the session, an effort was
made by Walker, of Wisconsin, who was
prompted by Calhoun, to attach con-
glomerate territorial bill to the general az
preparation bill, providing for the formation
of governments for Utah, New Mexico, and
California; and feature of it (noyel and
disgusting to the Senate, was the exten-
sion of the Constitution over these terrific
ries by express enactment. The writer of
the examination shows how this doctrine
was superseded by another still more often
sive, and proves, by mountain of facts
and cloud of witnesses, that the eonsti-
tutionality of the Missouri Compromise was
never questioned for thirty years; that
Congress, Cabinets, and Presidents thought,
spoke, voted, and made oath in the full
belief of its constitutionality, in the full be-
lief that Congress had sovereign authority
over the territories; and that the constitu-
ton was co-extensive, and could only be
co-extensive, with the States. He affirms
that the Supreme Court made two gross
errors-frst, undertaking to decide these
questions; and next, deciding them as they
did; and l think whoever reads the book
will be of the same opinion as of the dis
senting Judges exhausted the subject; but
in truth they only gathered the surface ore
of the mines, leaving the great facts which
were stored in our political archives un-
touched. These facts are now brought to
light, and they are fatal to the validity of
the Dred Scott decision, which henceforth
will stand as a dark monument of the fall
liability of our highest tribunal, and as a
Grain, over the judicial murder of freedom
within the boundaries of the great Repub-
lie.
The conclusion of the exapination is
characterized by such dignity of style, and
such elevation of sentiment, that cannot
forbear transcribing it. Mr.. Benton says
II have performed an unpleasant task,
but unavoidable. l have been on the
kindest personal terms with the judges,
and in my long Senatorial service, and as
a part of the appointing power have cor
daily given my voice for each of them
to the honorable stations they hold
for every one, except Mr.. Justice Curtis,
appointed since the termination ofmy ser
vice. l am friend to the Supreme Court
as an institution, as high and essential
part of our system, and would not willing
ly derogate from its respect or impair its
utility. But the whole system of which
it is part, and the whole people of whom
its members are few, are overruling con-
siderations; and the evil of the late deci-
sion being actually upon us, going into
pa ties, entering into election, giving the
rule for the appointment of all future Fed
eral Judges, establishing new party test
bringing the Federal Judiciary into the
vortex Of federal politics, and developing
still more strongly the geographical line
which divides US; seeing all these evils
now upon us, and others to come, l have
found it impossible to have remained silent,
or to have said less. am among the last
of those who, acting with the generations
that are passed, still adhear to their teach
ings. labor to preserve what they es-
tablished, lamenting that the task had not
fallen into ADLER hands. A few years ear
lier, and the preservation of the Missouri
Compromise would have found its adequ-
ate defender in one of its greatest architects,
and the integrity of the Constitution would
have found its champion in its great ex-
FOUNDER; but Clay and Webster are gone;
and before them went Pinckney and Saun-
ders, gloriously identified with the work
which recent hands hands have just torn
down.
And those who survive, and who stood
by them in their great efforts, and still
stand where they stood, l am one of the
few-no longer in power, but still in armor
when their works are in danger. write
for no party. but for all men who venerate
the works of our ancestors, and who wish
to see our government kept on the founda-
tions on which they placed it"
The Troops in Kansas.
II will x1,a 1povp c,,rprica o,,r roaAare