The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1857-12-17
QolitirQl
From the Lexington 0bsewer
WIZ. BENTON ON TnE DRED SCOTT
CASE.
To George Robinson, Esq, Er- Chief

FROM lho LeBlHBluu ODscTNcIs
WIZ. BENTON ON TuE DRIED SCOTi
CASE. ZIP
To George Robinson, Esq, Er-Chic
Justice, &C., Lexington, Ky.
4 My DEAR SIR:--I have read with inf
mite qualification your publications in IL
National Intelligencer on the decision G
the Supreme Court on the Missouri Com
promise act, and concur with you mos
heartily, as you will soon see in the Ct
volume of the Abridgment of the Debate
of Congress, now in the press (the Messrs
Appleton Of New York;; and also in al
Examination which | have made of til
same branch of the decision in thin oc
tavo of 200 pages, likewise now in tn
same press, and quickly to appear. Thi
decision--that part of it which relates t.
the nullity ofthe Compromise act, and t,
the self.extension of the Constitution I,
Territories--is the heaviest political blow
that ever fell upon my heart, and left mt
in state of total impossibiity of remain
ing silent under it. | view ita you do
as dreadfully wrong in itself, and entirely
extra-judiciab and ofno more weight than
the opinion of any half-dozen equally re,
spectacle citizens coming to the same
conclusion lin much part) upon inconsis-
tent, incompatible and contradictory rea-
sons, That compromise act was poit.
ical enactment, made by the political pow
err, for political reasons, and these reasons
among the largest that ever influenced
human legislation less than to recon
cile divided and distracted country, and
to prevent our sacred Union from split.
ting asunder. AS such political enact,
ment the Court had no right to Judge it.
even if the question had come fairly be,
fore it-which it did not, for the judici-
airy cannot Judge political questions, nei.
ther of right nor in fact for these ques.
tons depend upon considerations of poll,
cy which the judiciary cannot touch, and
not upon the Interpretation of phrases to
which the court is confined The same
of the selfcxtension of the Constitution
to Territories; it was political question
as to what that Constitution should ex.
tend; and it was limited by its own words
to States, and has been SO acted upon by
every Congress, and by all authorities,
Estate and Federal, Legislative, E&ecu-
tive, and Judicial, from the commence.
,,,n,,t afNtbn EoEAru1 I,,,.,o, ,.,a,,t - L. =.
present day. And / venture the asser-
lion 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 Ter
ritories (local internal improvements, for
example, (which they would not vote for
in d Stale; and upon the express ground
that tae Constitution did not extend to
Territories. The ordinance of l7e7 was
the Territorial Constitution, given to Ter
ritories as sovereign gives charter to
his SUBJECTS; and as such was made in
eerkrgith the Constitution, as you well
Indispensable to the formation
sitution; and as such was pro
doubly provided form the
sTa,pent; first, by the clause in
the Constitution which devolves all the
engagements Of the Congress Of the Con.
federation the Federal Congress-
and, secondly, by the act of the new Con-
gress Of Aug. 7, l789-the eighth act
passed by the first Congress under
Washing ngton--adapting that ordinance TO
the new Constitution, and adopting it in
every word which it contained as law
of the new Government.
You will see in the Abridged Debates
1.-THE notes as well as the text) that full
justiceis done to yourself and to all the
patriotic men who acted with you in that
great measure of reconciliation and pacif- |
ication; and also in my 'Examinatiod' of
the Courts opinion--that extrajudicial,
and Obiter dicta. AS for what concern
ed the individuals before the Court as
parties in the record | have nothing 10
say. That part was judicial; and wheth-
er rightfulIy or wroDgfully gotten hold
ofand decided, let it alone; for it was
the decision of the tribunal of highest re-
sort, and the peace and good order of So
ciety require all questions of personal
rights 10 be settled and done with. But
in this political DECISION. in which the
Supreme Court acted upon question be-
yond' jurisdiction, and hgged it,in as
q tail to question ofnegro freedom, and
in which it decided uponsa view of the
Constitution, Which had no more to do
with it than the adventures OF Robinson
Crusoe, and then reversed the action of
the Government for seventy years, and
made new Constitution in all that re-
ates to Territorial legislation; in such
case | havefelt it to be my duty, as one
Of the feg survivors of the old school, to
- sice againstit, and to appeal
-istelligence Of my fellow
ns to the defense of our
ph as our fathers made it,
nistered for two gener
y when say the Su-
ell been looking into
king into the Con