The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-12-03
BspsOa's Letter.


noted ejaculation. The contamination Of
the most ardent wish Of an aspiring politi-
elan nowadays, takes place when his oppo-
ncnt or rival writes and prints letter. A
widespread popularity is frequently entirely
diSipated by . few unfortunate phrases in
All ambitious letter Of some rising politics
genins. A reputation which has been the
mcritorious result Of many years Of toll and
labor. is often seriously obscured 10 single
day, by the like means. II is really painful
to witness truly great men and patriots, who
have borne the heat and burden Of the day,
and deserved well Of their country in their
time. dmming the lustre Of their we'll earned
fame. when On the very eve Of their long and
distinguished career.
IT the Hon. THoxAs II. BESTos ever had
a foe who wished Of him, ~ the ancient sage
wished Of his enemies, never was wish or
prayer more abundantly and fully gratiiied
never did mortal man labor with so untirng
purpose, or uniagging energy To realize his
enemies utmost desires in this regard, a.
TOW Benton
A letter il now going the rounds Of the
press. purporting 10 come from the prolific
pen Of this whlom distinguished Senator,
in reference to the decision Of the Supreme
Court. all citing the Missouri Compromise
which for the utterly puerie character Of
the arguments upon which he bases his con
illusions, is so much below the fame Of the
writer, that W. must conclude, if the letter
be- genuine that Mr. BENros Is fairly IN his
dotage We make no allusion here 10 the
merits Of the question involved, nor TO the
conclusions TO which the letter CONES, but
We speak 'olcly Of the arguments and propo
sitious upon which these conclusions are
found,d.
The gist Of the cardinal propositions
upon which the whole argument and the
conclusions Of that letter are bottoIncd. is
contained in the following extract
The compromise act was political enact.
meat. made by the political power, for political
teasons; aud these reasons among the largest
that ever influenced human legislation no less
than 10 reconcile u divided and distracted couB.
~. and To prevent our Union from splitting
a.upder. As such political enactment, the
Court had no right 10 judge II, even II u came
fairly before them tot the Judiciary cannot
Judge political questions, neither OF right nor
IN tact; Tor these question. depend upon con
-ideratou- ofpohcy which the Judiciary cannot
touch, ami not upon the Interpretation Of phra.
se-, 10 which ths court is conhned.'
Now, IA every body knows the Missouri
Compromise, Ms il is called. was nothing
more nor less than an ac, Of Congress. and
had the same binding force and no more,
that any other act OF Congress has, No
tacit understanding by members of Congress
could impart TO /, any greater efficacy than
i, really possessed AZ n Legislative enact
mcnt OF that b"dy or could render i, Of
more binding ,iicc, upon future Congresses
than other acts OF Congress. The question
Of its repeal, like that OF any law. could
therefore be- nothing mon, than one OF policy
and eSpcdicncy to which We are not now al.
ver,iug.
Tho powers Of the general government
arr carefully divided into legislative. exccu-
tive aud Judicial. and in their distribution
these divisions are kept entirely distinct
from each other, The legislative powers are
vested in Congress. The acts of Congress
are therefore, constitutonally speaking oil
Legislature, and arr subordinate 10 the Con
s,i,g,,on. ana their force and VALIDITY aye
always to be- tested 10y that instrument
Now what doe Mr. isSroS mean when
he says that the compromise Was = political
Attachment, made by political power
Was not the compromise an act OF Congress,
and consequently Legislative, aud arc not the
powers OF Congress all conferred and de-
fined by the Constitution. Technically
speaking the Constitution, OF course, knows
no such thing as a political boly or po'ts'
ca! enactment, We must understand, than,
that Mr.. BSsros. 10y the use Of those terms
refers 10 the subject matter of legislation,
aDl intend. TO distinguish between the
powers OF Congress 10 lsgisa,e upon pclI,l-
cal questions, and other -nbjsc,s distinc-
ton which W. shall search 10 vain for in the
Constitution itself, a d which, II Il existed.
would manii,s,lv lead 70 the gravsst and
mos, eutanglne difficulties
Mr.. RsNroS having thus distinguished
between the pcl,''ca. and Legislative acts Of
Congress a distinction utterly unknown TO
the Constitution -pursues bis novel dleta by
affirming that the supreme Court of the
United States bas no RICH, to Judge otpoli,,-
cal enae,ments. this is his language even
il they come fairly tofore the cocrt