Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-12-11
BENTON ON THE DRIED SCOTT CASE.
LFrom The Lexington 0bserver.l
To George r. RO5ertson, Esq, E'r- CHG

~ LRteutgenceT on the decision OF tho Su- ,
preme Court on the Missouri Compromise
net, and concur with you most heartily, rs
you will soon see in the 9th volume of the
Abridgment Of tho Debates of Congress,
now in the press (the Messrs. Appleton Of
New York; and also in an Examination"
which | have made of the same branch of
the decision in thin octave of 200 pages,
likewise now in the Same press and quickly
to appear. This decsion--that part of it
which relates to the nullity of the Compro-
mise act, and to the self-extonsion of the
Constitution TO Territories-is the heaviest
political blow that ever fell upon my heart,
and left me in state of total impossiblity
of remaining silent under it. / view it as
you do-as dreadfully wrong in itself, and !
entirely extrajudicial, and of no more weight
than the opinion of any half dozen equally
respectable citizens coming to the same con-
clusion, lin much party upon inconsistent,
Incompatible, and contradictory reasons
That compromise act was n political enact
ment made by the political power, for polit-
ical reasons, and these reasons among the
largest that ever Influenced human legisla-
tion-no less than to reconcile divided
and distracted country, and to prevent our
sacred Union from splitting asunder. AS
such political enactment the Court had no
right to judge it; even if the question had
come fairly before it--which it did not; for
the Judiciary cannot judge political ques-
tions, neither of right nor in fact; for these
questions depend upon considerations of
policy which the judiciary cannot touch, and
| mr. fhn int Il
which the court is confined. The same Of
the self-extension of the Constitution to
Territories; it was a political question as to
what that Constitution should extend and
it was limited by its own words to States 4;
and has been so acted upon by every Con-
gress and by all authorities, Estate and Fed
eral, Legislative, Executive, and Judicial, J
from the commencement of the Federal
government to the present day. And l
venture the assertion that there has not
been one single member of Congress, in
the seventy years in which Congresses have
been held, who has not voted for objects in
the Territories (local internal improvements,
for example) which they would not vote
for in State; and upon the express ground
that the Constitution did not extend to the
Territories. The ordinance of 1887 was
the Territorial Constitution, given to Terri.
tories as a sovereign gives charter to his
subjects; and as such was made in concert
with the constitution, as you well say, and
indispensable to the formation of the con
stitution; and as such was provided for
doubly provided form the new Govern
ment; first, by the clause in the constitution
which devolves all the engagements" o
the congress of the confederation upon tn,
Federal congress; and, secondly, by the nc
of the new congress of Aug. 7, l7e9-th,
: eighth act passed by the first congress un
der Washington--adaptng that ordinanc
to the new constitution, and adopting it il
every word which it contained as law o
q the new Government.
= You will see in the Abridged Debate
:, (the notes as well as the text) that full Jus
# tice is done to yourself and to all the patri
r OF men who acted with you in that grea
d measure of reconciliation and pacification
t, and also in my Determination" of tn
l. courts opinion-that part of it which
>. deem political and oxtrajudicial, and oJite
l. dicta. As for what concerned the individu
D, ais before the court ms parties in the record
\ have nothing to say. That part was iu
1t dicial; and whether rightfully or wrongful
G, gotten hold of and decided, / let it alone
it for it was decision of the tribunal of higt
r. est resort; and the peace and good order
ar society require all questions of person;
it rights to be settled and done with. But
A. this political decision, in which the Suprem
e. court acted upon a question beyond it's il
IN risdiction, and lugged it in as tail to que
,e tion of negro freedom, and in which it d
cided upon view of the constitution whic
es had no more to do with it than the advol
n lures of Robinson Crusoe, and then reverse
m the action of the government for sevent
Of years, and made a new constitution in a
n that relates TO Territorial legislation;
O. such case have felt it to be my duty,
it. one Of the few survivors of the old scho,
n to raise my voice against it, and to appc
w to the candid intelligence Of my fellow-cit
ne zens to come to the defense Of our cons
us tuition, such as our fathers made it, and
er- it was administered for two generations.
nd | mean what | say, when | say the
81. preme court had as we'll been looking in
lis Robinson Crusoe as looking into the cons
al tuition Of the United States to find Il
in power of congress to legislate for Tenit
he ries; for it is not there; but in the ordinan
'c- of 's7 adopted by the constitution and
in the first congress under Washington, al
ot- on their right as sovereign proprietors, ha
ey ing right TO govern what they have
lly right to acquire, and become their duty u
der the State cossion acts and under I
treaties of the session. The "needful rul
NJ and regulation clause, as the court said, ga
ok no power to govern the Territories; il on
ce applied to property, and that the proper
?in of the United Statcs--its territory, ia e
nor land, and its other property I'd EST, person
a.. estate. 1t conferred no powers of Cover
a ment, and that for the reason known to G
70 erybody at the time, and to nobody (bardl
~ now, gidelict:: because the government
bSs the Territories was provided for in anotf
n. place-namcly, in the ordinance of l7e
cd and protected by clause in the constiI
a. ton and adopted by congress August u
= 1880, aud in tho right of sovereign prop
etors. The court looked in tho wro
bin place to find the power Of congress to leg
he late for Territories.
ng was breaking down under the appalli
ed attack which fell upon me when was W
he ting. the examination" and had to lea
in some heads unfinished, and also to a
n. n 4 \