New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-27
ER BENTON on TIE DRED scorrcI,r
Pc Tss L<rf-gs,s Oes~r-~-.


promise set, and concur With You most hs.-l
you vii coon see il TIE 9Th volume Of The AZ -
ment Of the Debates Of Congress, now /, -
tths kessrs. Appleton II New York ard a.. V-S
EIsnpstcu" which l have made o. -, y =
brsDch o. the decision In thin octsyo of on 800
Ikerise Cow IN the same pr~s and qre YaRrs,
This decisos-that psr. u i, which s,.s. ,sgp-S
ny of the CoDpronlss vet and 10 the s.H.,.sna %
Of the CoLstifstion - Terni0iee-is tie hs.ses'ca
htca blow ihst ever fell upon NY heat ses ~ ps
in q state OF total mposslbility 81 rem.uir, es
under il. l view il ~ YOU do-ss dresdfalv ..ses
in Itself, and entirely eIusj1dic.a -a
DO more weight thsa ne oPiaioo u any half So,..
equally respectable CITIZENS coming 70 r. 80
conclusion I'm much pa-t' upon inc>nsstsnt 80
pstible, ard contradictory reasons. Taaseor,,o~'
&C, was political snssslHert, made ~ la $500.
po1ei 10y political reasons, and these reasOos ar.
tie lsrgest that ever Influenced human Ags a.o."
les thai 70 reconcile divided and distr.,.S su
and 70 prevent our sacred Union from sol tes ssrss
AZ such political enactment the Court hsc no risSss
Judge IL even the question bad come faly befye,
shca il did rot for tbs Juoicssy csrro, asse poRhea
questions ueithsr Of right nor In fart, for thess o,..
tons depend upon considerstons Of policy which ~.
judiciary car not touch and not upon the insypxets
Of phsses to which the court u sonhned. Tie sans a
The sef extension Of the Constitution 20 Terrpies
was political question as to what that Coastaxha
should extend and II was United by its own words =
States; and has been acted upon by eysry
Congress. and By al Authorizes, lSIsts ~
Federal Legislative, Executive, and Judo,ll
ftom the commencement OF the Federal Gov.
eminent 70 the pre- sent day. And venture re a.
ser;ion that there has not been one angle memAer
Congress in the seventy years 10 whch Congresses
have been held who ass rot voted Tor objects in tie
Territories local intern 81 improvements 'o exsnpe
which they would not vote for IN sale; and upoa
the express ground that the Constitution did not eK
tend to Territories. The ordinance Of LS vas the
Territorial Cocshtutlon, given TO Territories sov-
reign gives charter TO his sublects and IS s1ch Wa
mece in concert with the Constitution, a. YOU vel say
! ii. IN fha f..~rr ~ fra
ton: and ss such was provided for-doubsy provided
form the new Government; fret by the clause in
the Constitution which devolves all the engage
mepts Of the Congress Of the Confederation upon ts
new Federal Congress- ana, secondly, By the set
the rev Congress Of Aug. Z, l1&-tne eighth st
passed by the fret Congress under ashingtoa-sdsp
Ing that ordinance 10 the new Constitution AID sopt
ing in every word which Il contained as law Of the
Few Government.
Won will see in the Abridged Debates the notes q
well as the text that full justice e done to yearsst
and 10 all the patriotic men who acted with yorin that
great measure OF reconciliation and pacinearos; and
also in my Examination" OF the Courts opnion-
that par. of il which deem political and ex,rsuitcal
and Glitter dicta As for Whist concerned the indvid
uals before the Court as parties IN the record, have
nothing TO say. That part was Junical; ana vhehee
rehtfully or wropgfuly gotten hold OF aud decided
let il alone; for il was the decision OF the tribunal
of highest reeort; and the peace aud good order
OF society require all questions OF personal nghh
10 be settled and done with. But In this po-
liticsl decision in which the Supreme Court acted
upon question beyond its jurisdction and lrgssd
10 as tail to question Of negro freedom, snd In
which it decided upon view Of the Constitution,
which had no more to do with it than the adventures
Of Robinson Cnusoe, and then reversed the scuon OIL
the Government for seventy years. and INSIDE Con
stitution in all that relates to Territorial egissaoa
such case have felt it to be my duty, as one oil The
few SURVIVORS Of the old school, to raise my vocs
against IT, and 10 appeal TO the candid intslisenos
of NV fellow citizens 10 come 10 the defense OIL cU
Constitution, such as our fathers made IL, ana ~
was administered for two generations.
mean what say, when i say the supreme conn
had As we'll been looking into Robinson Crusoe asook.
inc into the Constitution Of the United States TO Ind
the power of Congress to eg,sla'e ior iernIoes ia
il is not there but in the ordinance of 81 adopted By
the Constitution and by the rst Congress under Wssh
ingtop and in their right as sovereign propretcn,
having the right 10 govern what they have righ! to
acquire and become their duty under the State Oeoa
acts and under the treaties of oeesion. The "peedfL
rules and regulation clause "a the Court said gave
no power to govern the Territories 10 only applied 70
property, ard that the property OF the United STATES
ts territory, I'd est land and its other property ID ea
personal estate. 1t conferred no powers oil government
and that for the reason known to everybody at me
time and 10 nobody fharcly) now eideiicets beosuss
the government Of the Territories vas pfcvlosa 70,
in another plscensmely, in the ordinance Oh hI ans
protected by clause in the Constitution, ana saopse
by Congress August 7th 17S and In the right Of sove-
reign proprietors. The Court looked IN tne wong
place to find the power of Congress to legssse iof
Territories.
was breaking down under the appalling attack
which fell upon me when l was writing the Exam
nation andh to leave heads unfinished, aM
also to add part after had given Up this wehd
My physiccian Dr.. May, saw with estonishmeps that
iOss to% What he knew sOnsldsred the e.d n 81
table and wrote. ] was adding something 70 ne
Examination" and could hardly refrain ffona posi-
script: This Is my political testament, wrtton VIZ
DIVING hand" Wei ! did not die, but have Di
and will die upon the truth and justice Of What
wrote.
Among the heads sketched, bat not filed up, are
the Florida Territorial trans sections Of 1921 In which
Gov. Jackson, commissioned with the power OF .
CaptainGeneral and Intendant Of Cubs under 81 act
of Congress continuing temporarily the Spanish system
OF Government in that Territory, and 10 which Dc
found occasion to act up to the letter Of that sW sna
commission, uniting In himself the supreme. cyu,
military executive and judicial functions, using TIE
military for his arm and his own fiat for authority
sending Gov. Csllsvs TO the eslaboose, and having
Judge Fromentn brought before him at the point d
the bayonet for issuing wis Of kdbeas copss behalf
of the imprisoned Governor; and laying divers othes
by the heels for completely in Cslsyss fault, to wit
refusing to deliver up, add intending to carry OF
adical records which depended redress to orphea
children who had been despoiled OF their fath-
ers property for fifteen year,; and all which sot-
ings and doiDgs of Gov. jackson, exerasag over
Florida the powers Of Captain. General aad lnten-
dant Of Cuba, were approved expressly by the MOI
roe administration land you know who composed sn.s
administrator and implicitly sanctioned by e.ch
House Of Congress in their refusal 10 act upon Tue
complaints Of the ncarcersted officers and 81 upon
the ground that the Constitution Of the United Sss
did not extend 70 Territory and that no act OF Goa
gress had carried into Florida any Of its provisions.
any habess corpus act, Jury trial, or any wansnt
general or special, or any security against sezafe q
persons search Of houses, or capture OF papers Aca
effects. This head, growing out Of the transactions y
Florida, so recent in date and up 10 the eIigsncy
argument, was merely named and sketoaes 10 We
Exswicstior, but sfterward wen deYe.opeo 10 'a'
forthcoming si1th volume of the Abhogmsnt
In that same Examination viii be seen the man
ner in which the set sbroRst'Dg the Missouri Compo'
mise was passed, ard the objects for which il VS.
passed aid OF which il only the FIRST step and tss
Wedge whereof the good people Of the United States