The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-12-10
Col. benton on the Dred scOtt case


In letter to Ex- Chief Justice Robertson Of
Kentucky. Col, BENToN thus speaks of the de-
cison of the Supreme Court on the Missouri
Compounds Acs
This decision-that part of it which relates
to the Dullity oil the Compromise act, and TO The
seifextension of the Constitution to Territories
is the heaviest political blow that ever fell
upon my heart, and lett me in a state of total
impossibllty OF remaining silent under it.
view it as you do--as dreadfully wrong in itself,
andentirely extrajudlcial, aud OF no mole weight
than the opinion OF any half dozen equally re-
spectacle citizens coming to the same cOuc uson
I'm much parO upon inconsistent, incompatible,
and contradictory reasons That compromise
act was political enactment, made by the DO
htlcal power for political reasons, and these
reasons among the largest that ever iu-
huenced human legisatiOn-no less thun to re-
concile a divided and distracted country, aud
to prevent our Union from splitting assunder- -
As such political enactment the Court had no
right to judge it; even if the question had com.
fairly before it--wIch it did not for the Judicia-
ry cannot judge political questions, neither of
right or III iact; tor these questions depsnd upon
considerations of policy which the judiciary
cannot touch, and not upon the interpre tation
of phases, to which the court is confined.
The same of the sell-extension of the consti-
tuition to Territories it was political question
as TO what that Constitution should extend ;
and 1t was limited by lis own words to States ;
and has breu SO acted upon by every Congress
and by all authorities, (Slate and Federal, Lsgis-
ldtlve, Executive, and Judlcial) from the com
menCement Of the Federal Government to
tue pr sent day. And | venture the as
sertiOn that there has not been one sin
gle member of Congress, in the seventy
years in which Congress cs have been held, VINO
has no voted for Obi jecls in the Territories (ocd
internal Improvements tOrexampe) which they
would not vute for in a State ana upon the ex-
press ground that the Constitution dad not ex-
tend To Territories. The ordinance OF 1857 was
the Territorial Constitution. gwen to Territories
as sovereign gives d charter tU his subjects ;
ana as such was made in concert with the Con
sltutlon, as yon well say, aud indispensable to
the formation of the Constitution and as such
was provided for-doubly provided form the
new Government; first, by the clause in the Con-
stltution which devolves all the " engagements
of the Congress of Confederation upon the new
Federal Congress aud, secondly, By the act OF
the new Congress of Aug. Z, l7S9--the eighth
act passed by the trst Congress under Washing
ton-adaptng that ordinance to the new Con
stItution, and adopting 1t in evry word which
it contained law OF the nav Government.
Col. BENroY's" Examination of the Decision
referred to will make volume of 200 pages
The circumstances under which portion was
written are thus stated in the letter:
| was breaking down under the appalling at
tack which fell upon me when was writing the
" Examin dtlon,' and had TO leave some heads
unfinished, and also to add some part after
had given up this world. Ny physician, Dr.
May, saw with astonlshnent that | roe from
what he knew considered the bed of death land
which he feared to be SOY and went TO my Ex-
animation" aud could hardly refrain from a
postscript: This is my pOlltical testament
written with dying band" Well did not
die, but have to; aud will die upon the truth
and justice of what say.
OF politics and his future course and labors,
''old Bullion emphattcaly says:
1t is long time since we saw each other
and what is called politics have sadly run down
since that time, and especially in the last Presi
dental term, presenting but little for the atlrac
ton of any man who has nothing but tn. pub
lie good in view; but here is a question of a
new kind, national and elevated, en which all
who are for the Constitution as our fathers made
il, and as they Administered it i'll their day and
generation, AMI as the next generation admins
tered il (and that without distinction of party
or default of man, may come together and
stand. For one, can give no political aid or
comfort TO any man or party, in any future cleo
tion, who shall uphold the opinion OF the Su-
prems Court in declaring the nullity of the Miss
surf Compromise and in decreasing the self-ex-
tension OF the Constitution to Territories, carry
ing slavery with it, and preventing Congress and
the people OF the Territory from saying yea or
nay To Us Introduction Or repulsOn.
am now well recovered, and working as
usual, and expect to finish the i Abridgemeut
next Sumner, and then to add another volume
to the two Of the Thirty Years View, bringing