Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-12-11
MR.. BENTON ON THE DRED SCOTT
CASE


From Mr.. Benton's letter to Judge Robin
son Of Kentucky, on the decision and opin-
ions of the u S. Court on the bred Scott
case, we take extracts
This decision-that part of il which re-
lates to the nullity of the Compromise act,
and to the self extension of the Constitution
to territories-is the heaviest political blow
that ever fell upon my heart, and left me in
state of total impossibility of remaining si-
lent under it. | view it as you do-as dread
fully wrong in itself, and entirely extra judi
cial, and of no more weight than the opinion
of any half-dozen equally respectable citizens
coming TO the same conclusion, in much part,)
upon inconsistent incompatible and contra
dictory reasons. That Compromise act was a
political enactment, made by political power,
for political reasons, and these reasons among
the largest that ever influenced human legis-
lation-no less than to reconcile divided
and distracted country and to prevent our
sacred Union from splitting asunder. As
such political enactment the Court had no
right to judge it; even if the question had
come fairly before it-which it did not for
the Judiciary cannot Judge political questions,
| neither of right nor in fact for these ques-
tions depend upon considerations Of policy
which the judiciary cannot touch, and not
upon the Interpretation oi phiases' 10 wnleh
the Court is confined The same of the
self-extension of the Constitution to terrific
ries it was political question as to what
the Constitution should extend and it was
limited Dy lts own words TO states ana mas
po'i ln % "o,eu upon ny every Congress ana
~ 'u "u'loii'ios' NS'a.e ana ieuerai; legisla-
W. oAoou'ive anu juuio'ai'l rom 'ne com
.'.oneo,'i'hs a VI 'ao ieuoiai government 70 .no
+ ~ u"y u venture 'no assor',oh
Ne ~ 'DOio N"S "os o'o" oio sinsie inenio1r
=, ~ Nonsioss' IN 'no seventy years IN "hich
e'ses nav Doen ne!u' ""o mas not No',
=" ioi ooJeo.s III 'nc lorri'orles iocai internal
III e lor example "hich thoy "ouia
No' 'o,e ioi i,i otaee ana upon the express
s'oanu .n"' 'n0 ~, rpnS'tu.ioh ulu NOT eA'ehu
~ ~ ,oiii.o'ios ..s, ine oiu'nanee oi 20, was
sne 'erii'or'al oohs'i'u'lon' gwen 20 territories
sovereign gives onar'er 70 us suoJects
S,iu a. SUN was maui IN oonoer. WIN INC
OUhs'.'u'loh' as you wen say ana lnuispeh-
sapie TO 'ne formation OF 'ne constitution
anu as such was proViueu ior-douody pro-
Vlueu ior-ih the new government hrst, oy
tne clause IN the constitution whlch devoives
az an 'ne engagements oil the congress OF 'ne
oohieuefatioh upon the new Federal Con-
/ ~
congress Vi august . i'oS--the elgh'n act
passed py the hfst congress uhuSr ashing-
'o"-"uaP'lnB .ha' oruih"hcc W 'ne Nons T'u-
coh''ineu as law oil sne new government
| mean what say when say the supreme
Court had as wen been looking INTO ROBIN
son Orusoe as looking lhto tne constitution
OF the United states 10 hnu the power oi
Congress TO legislate Tor territories ior II Is
not thefe' but IN the ordinance OF 81 ADOPT
cd oy the Constitution ana oy .he hfs' coh.
greSs uiiucr "asnins'on' anu III ,nen riBh'
acquire, and become their duty under the
State Session acts and under the treaties of
cession. The 'needful rules and regulation
clause, as the Court said, gave no power to
govern the territories it only applied to prop
erty, and that the property of the United
States-ts territory, id est, land, and in other
property, id est personal estate 1t confer
rcd no powers of government and that for
the reason known to everybody at the time,
a