Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-07-17
From the phiiadslphis Times
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Roger n Tnncy, Present chfes Jnssice.
Every schoolboy is familiar with the "cia-
rum ct venerable nomsnn John Jay. Every
lawyer cherishcs tho profoundest difference
for the learning and authority Of him who
was selected by Washington to be the frs,
Chief Justice Of the United States. Every
citizen of the Republic is proud of the IL
lustrious fame Of him whose proverbisl spot
less private life shed lustre upod his splen-
did public career. John Jay was one Of the
very puresL noblest and wisest Of the faith
ers Of the Revolution and of the earlier
days of the Constitution. He was the in
innate personal friend Of and the trucst con.
fdential adviser Of Washington. Tho dig
nifty, integrity and legal erudition Of his
Chief Justiceship has never been excelled,
even BY the powerful genius Of the vencra-
bic John Marshal, or the various culture of
the gentle and lamentcd Story. Chief
Justice jay was the fit compeer of Presi-
dent Washington. But it were superhuous
to prolong eulogy of him whose name and
life is one Of tho most golden characters of
our history, and one of the grandest inner.
itanccs left to the present.
1t is therefore with no ordinary pride and
qualification that we Law before our readers
a letter Of John Jay, which although writ
ten years ago, efcctually disposes of Mr..
Justice Taney and his associates on the
bench.
This letter, and its date shows, was writ
ten during the controversy which termina-
ted in tho Missouri Compromise. But it
happens to hit the very point misdecided by
the Judges Of the present court. They have
given their opinion that Congress cannot
control the subject of Slavery in the Terri
tories. John Jay considers that the author
ity of Congress TO do SO is "unqnestiondble.'
They have also given the revolving opin-
ion that negroes hare no rights which a
,Ohite man is bound to respect, and that our
fathers thought so. Judge Taney quotes
the Declaration of Indeperdence--the very
clause of il cited in Judge jays letter-as a
proof of this calumny upon the fathers
Mark how John Jay refers to this clause
But TO the letter.
"BEDFoRD, WEsTcHEsrER Co., N. Y.
18th November, 1919.
"DEAR SIR: l have received the copy Of
a circular letter, which, as chairman Of the
committee appointed by the late public
meeting at Trenton respecting Slavery, you
were pleased to direct to me on the 5th
instant.
"Little can be added to what has been
said and written on the subject of Slavery.
l concur in the opinion that it ought not to
be introduced nor permitted in any of the
mew States, and that it ought to be gradu-
ally diminished and finally abolished in all
of them.
"To me, the constitutional authority Of
the Congress to prohibit the migration and
importation of slaves into any of the States,
docs not appear questionable.
"Tho first article of the Constitution
specifies the legislative power committed to
the Congress. The ninth section of that
article has these words: The migration or
importation Of such persons as any Of the
no,o eristing States shall think proper to
admit, shall not be prohibited by the Con.
gross prior to the year 1908, but tax ol
duty may he imposed on such importation
not exceeding ten dollars for each person.
n understand tho sense and meaning o.
this clause to be, that the power of Con
gress although competent to prohibit such
migration and importation, was not to be
exercised with respect to the then existing
States, and only, until the year 1908; but
that the Congress were at liberty to make
such prohibition as TO any neW State which
might in the mean time be established
And, further, that from and after that peri.
cd, they were authorized to make such pro.
hibitions as to all States whether new OF
DID,
1T will, l presume, bc admitted that
slaves were the persons intended. The word
slaves was avoided, probably, on account Of
the existing toleration of Slavery, and it.
discordancy with the principles of the Rev
olutiou, and from consciousness of its be
ing repugnant to the following positions il
the Declaration of Independence:
"We hold these truths to be self-evident
that all men are created equal; that thev
are endowed BY their Creator with certaiI
unalienable rights; that among them art
life, liberty, and the pursuit of happiness
"As to my taking an actipe part in organ
izing plan of cooperation tho state o
my health has long been such as not to nd
nit of it. rf
"Be pleased to assure the committee O
my best wishes for their success, and permi
me to assure you Of tho esteem and regarc
which am dear sir your obedient and faith
full servant. @ JOHN JAY.
| "Zo the Hon. Elias Bound;not."
This letter is precious relic of the ven
cradle past. II is addressed TO one whc
was himself one of the purest and mobiles
of the sages and patriots Of early days.
The words in italics were so emphasized
by jay himself The letter is specimin o
the clear transparent, exact, direct, and lum
NOUS intellect of tho first Chief Justice, an
of the simple, humane, and Christian chal
acter Of the bosom friend, of Washington
LA w 8 OF OHIO