St. Mary's beacon., 1858-04-29
LEONARD TOWN Nd THURSDAY MORNING, April 90 1858 .

lions that ttk ease involved were mentioned to
me ~ 5a9thern gentleman, and aIwaYs en-
tvrtaininE tks opinion afterwards announced
by the SnpFne Court, and seeing as thought.
how deeply ne country was Interested In. their
decision, / vbhntcered TO srvue the r,ss f;r N.
defendant ;s3so ncvenTeceived. or would have
received atiH er&nsxy cunpensatiUo. Nv
sepliears - ] Nm ceftsin, actuatei bv the
Essstaf rn ~ Alal VS. rewarded onlv by a
sense q c. .pcrFwnef 4ne cfsargo tisas The
Glaorify 6y<ED f.ssarz4, ia E-ililtx M Njssuri
restruction unconstitutional, acted extra jrd;-
! ciAiy, l leave every lawyer 10 decide, after he
shall have read the opinion Of the venerable
Ci.rtJustice- Ii that does not convince him
Of the gt0undieSsnes< of the complaint, all Na-
son or authority would he lost upon him. In
this respect, however, there is one view which
the public generally Cannot fail think. res!i-
iy to comprehend. " hst may have passed at
the consultations Of the Curt no one. per-
hapS, but the Judges will ever know. But
this would seem TO be obvious that if il was
the duty of the dissenting Judges, McSsrs
McLtan and Curtis, TO pass upon . question
ot suth Importance, and to argue it with un-
wonted zeai and rare ability, and with prac-
ticat appeal to Northern prepOssesSion and
sympathy, calculated to impress iipon the pub
he mind Of that section a conviction Of the
right of Congress u prohibit slave labor in all
Territories then, or thereafter 10 belong t0 III.
Union, power SO pregnant with danger to our
continuance as one people, it MAS equally MO
per that the Judges who entertained different
opinion, SHOULD have expressed it, ard main
tanned IL with all the ability and research with
in their power
Mr.. Justice McTean's o.inion occupies thir-
ty-ise pages Of the report in 18TH Howard. and
Mr.. Justice Curtis one hundred and three
The greater part Of each Is devoted t. this yt.ry
/, question, and as to the right to consider and
decide it, Me last named Judge concludes lis
with an apology for its length. by saving the
questions are numerous. and the grave i'm
pUrtAnee Of some cf them required me t. exhib-
1t the grounds of my opinion. have treated
40 Question which Ill the view have takeil il
was not absolutely necessary for me 10 pass
upon, TO ascertain whether the Judgment of
tie Circuit Court should stand OF be reversed.
have avoided no question on which the valid
ity u that Judgment depends To have done
either more or lees would have been incon-
sisteEt, with my sense Of duty"
Were these two opinions to be spread. as
they we're, with unexampled haste, broadcast
over the land, as the rest of the Court, who
50 ~NAEtl &Iiu 81 GCGIttlhIy, 10 Tc~
main silent! We're they, but that verv 81
renee, . A.aes.=e the -i,ai,iic 10 itrer..s they
might then have fairly done, that they did
not or we're Unable so maintain different du,-
trinesEg Assuming, therefore, what il. | think.
paipably Tlsound, that the decision of the
Court on this question UaS in any sense extra
Judicial, hold it to be perfectly clear that the
course adopted by the dissenting Judges rem
dcred ir TIE duty Of the Court to correct. to the
whole extent OF their power. what thew believe
To be the serious constitutional error; which
that course, il left unobstructed, was likely To-
fastcn upoa the public judgment. But not
content EiIh asS:lilIng the motives oC the Saith
by totally misrepreSenting them. and the al
legged extra judicial character Of the Carr.
decision, the independence AMI integrity Of fine
Judges was shamelezsly impeaehcti. No GEN
tlenan tan be guilty Of the injustice even of
supposiag that it can be necessary. to vindicat.
them aSainst such charge, coming from such
quartSr, and dictated by unhallowed party
motives Sd Obviously apparent. With lives
honestly spent in the service of their country
in almest every department in which she could
be sersSd. without stain or bleniSh. and with
constantly increasing honor-witll a judicial
career, by its admitted ability, learning and in
dependeDce, challenging the respect and admi-
ration OF the good and the wisc-wi.h every
incentive to continue 10 the last the pure adj
ministrators of the Jurisdiction with which the
Constitution cl"theS them, and especially the
watclful guardians II all the rights, personal
AID political, secured by that sacred inStru-
mcnt, which may. br proper judicial proceed
ing, be submitted 70 ti.tttl-"i,n all these per-
STATIONS b. duty. the charge that they have
been at last false ~ it, aid to.gcti.l of honest
fame, have pandcrUd to party or executive Ill
fuence is 4 slandcr So gross and rcvolting that
Instead Of finding Judgment in. it cannHt but
ultimately, if not at once, disgust the public
mind .....
The feeling, Lovevor, which in any one could
prompt, such suggestion brlt Shows the dap
geroils eharacteE OF the pending agitation, am!
calls uRlm all true mcn to do what thev NAV
be able TO put it down, and to restore peace
and qu9t to the nation, and 70 its councils the
loveNf Justice, truei. and Patriotism. which, so
giaiousg illustrated its earlier history.
N1th high regafd, your obedient servant.
REvERDY JOHNSON.
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