The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-12-04
Democratic
County
Committee.
Col. Bent.n on the bred Scott De.
cision


We find in the Lexington (Ky.) Observer
a letter from Col. Benton the Dred Scot
decision, addressed to OK Chief Justice Rob
ertson. He says after mentioning that hi
"Exalnina ton Of the decision v i'll soon b,
published
=. This decision-that part VI IL which
relat to the nullity Of the ComprOmise acl
and TO the seli-ex tension Of the Constitution
to territorics-is the .aviest political blow
that ever fell upon my heart, and lett me in
n state Of total impossibiity Of remaining
silent under il. view it IA you uo-as
DR. adfully wrong in itself. and entirely u
trA judicial, and Of no more weight than the
opinion Of any hslf.donen equally rsspecas-
bic citizens coming " Oh. salne conclusion
lin much par upon Inconsistent, inc0m.
patible and contradictory reasons. That
Compromiss act was q political enactment,
made by the political power. for Political
reasons, and these reasons am n. the largest
that ever influenced human legislation-no
less than " reconcile divided an distract
I'd country, and to prevent our sacred Union
FROM splitting asundcr. As such political
enactment, the Court had n right " judge
it, even IT the question had coms fairly be-
fore it-which il did not for the judiciary
cannot Judge political questions- neither Of
right Or in fact; for these questions depend
upon considerations Of policy which the
judiciary cannot touch. and not upon the
lnterpre ation Of phrases. ~ which the
Court is confined.
- The sam eof he self.rxtension OF the con.
stitution to territories; IL Was u political
question ~ To what the constitution should
extend and il was limited by its own woris
~ States and has been ~ acted upon BY
every Congress, and by all authorities tate
and federal, Legislative, executive and judi
cial), from the commencement Of the federal
government to the present day. And l ven-
ture the assertion, that there has not been
one sing member Of Congress, in the seventy
years in hich Congresses have been held,
" has not voted for objects in the terrific
ries (local internal improvm,nts, tor exam
pls) which they would not vote for In u
State; and upon the express ground that
the constitution did not extend 70 territories.
The ordinance VI 1877 was the territorial
constitution, given to territories ~ o sov.
ereign gives charter ~ his subjects and
~ such WAS made in concert with the con
stitution. Is you we'll say, and indispensable
To the formation Of the constitution and ~
such Was provided tor-doubly provided for
in the new government fret, BY the clause
in the constitution which devolvus all the
..engagemeuts" OF the Congress of tho Con-
federation uron the new Federal Congrss /,
and. secondly, BY the scr Of the new Con.
grss; Of August Z, l7S9-the eighth act
passed by the 6rst Congress und Washing.
ton-sdapting that ordinance to the new
constitu ion, and adopting it In every wurd
which IL Contained ~ law Of the new gov.
eminent ..I
Tho following punssut paragraph show.
IN what estimate this experienced Statesman.
whose national political liic comedies enact
~ with the generation that followed che
psass OF the Missouri, Compnmise act,
holds the attempt u tho Supreme Court 10
make . political decision a.r ...t ... /
As for what concerned the individual
bsfors the, Court ~ parties ip the rscurd,
I have nothing u ny. That psrt Was judi.
ciai and whether rightfully or wr,ngfully
snsiso hold Of aud decided. LEI Il alone.
for n wss the dscisioa Of The tr1bdnA Of