Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1858-11-10
Mr.. Benton on the Dred Scott
Case.
From the Lexington Observer
TO George Rs5rtstOH, Esq., Ez- Chief

From the Lexington Observer
TO George Pe5srtstoH, Esq, Err Chief
Jastics, dc, lexington, Ky
Nv DEAR SIR:-I have read With inf
pite Qualification your publications in the
National IHtelligeacer, on The decision Of
the Supreme Court on the Missouri Com.
promise act, aud concur with you most
heartily, as you will soon zee in the 9th
volume Of the Abridgmeut Of the Debates
Of CoDgles now 10 the press, (the Messrs.
Appletons Of New York; and also 10 'Ex-
animation which have made Of the same
branch Of the decision 10 a thin octave Of
200 pages, likewise now in the same
press, and quickly to appear. This decis-
ion-ths: OF it which relates to the nutity
Of the COMPROMISE act, and to the self.
extension Of the Constitution TO Terrific.
Ties-is the heaviest political blow that
ever fell upon my heart, and left me in a
state tf total impossibility Of remaining
silent under il. view it as you do, as
dresdfully wrong in Itself, aud entirely ex.
trrjulicial and Of no more weight than
the opinion of any half dozen equally re-
spectacle citizens coming to the same con-
Clusion, (in much part upon inconsistent
incompatible, and contradictory reasons
That compromise vas a political enact
ineui, made by the political power for po-
litical reasons, and these rea'ous among
the largest that ever influenced human
legislation no less than to reconcile d.
vided and distracted country, and TO pre-.
vent our sacred Uuion from splitting asun.
der. AZ such political enactment the
Court had no right to Judge it; even if
tbe question had come fairly before il,
which 1t did not; for the Judiciary cannot
judge politiCs questions, neither of right
nor in fact; for these questions depend up
on considerations ofpolcy which the judi.
ciary cannot touch, and not upoL the in
depreciation phases 10 which the court is
confined.
The same OF the self extension Of the
Constitution to Territories. 1t was q po.
liticaI question as to what that Constitu.
tion should extend; aud it was limited by
its own words to States; and has been so,
acted upon by Congress, and by all au-
thorities, Estate au Federal Legislative
Exccu i've and Judcial,) from the com.
Ineucemtnt Of he Federal Government to
tEe present day. Aud | venture the as
ser!ion that there has not been one single
member of Congress in the severity years
in which Congresses have been he'd, who
lave not voted for objects in the Terrific
ri,s, (lccal internal improvements, for ex-
ample, J which they would not vote for in
h State, and upon the express ground that
the Constitution did not extend to Terri>
tories. The ordinance Of 1887 was the
Territorial Constitution, given 10 Terrific
ries a4 a sovereign gives character to bis
subject; aud as such was made in cou.
cert with ths Cor sIitution, as you well
say, aud indispensable to the formation of
the Coust futon; and as such was provided
for-doubIy provided form the new
Government first, by the clause in the
Constitution which involves oil the ZEN.
gagements' oflhe Congress Of the Confed-
eraton upon the new Federal Congress;
and, secondly, by the act OF tue new Con.
gress of August 7, l7s9-ths eighth ACT
passed BY the first Congress under Wash
ingtou-adai ting that ordinance to the
new Consultation, and sddp.ing in every
word which it contained as law of the
new Government
You will see in the Abridged Debates
(the notes as well as the text that full
Justice is done to yourself and to ell the
patriotic men who acted with you in that
great measure of II Cancellation and paclfi-
cation; and also in my Examination of
Ghe Courts opinion-that part of it which |
I deem political and extrsjudicisl, and
O6iier dicta. As for what concerned the
Individuals before the Court as parties in
Ghe record, I have nothing to say. That
part was judicial; and whether rigbtfully or
wrongfully gotten hold of and decided.
let it alone; for It was the decis on of the
tribunal Of highest resort; and the peace
and good ord d.r of society require all ques.
tions of personal rights to be settled and
done with. But in this political decision,
in which the Supreme Court acted upon
. question beyond its jurisdiction, and
lugged ii in as tail TO question of ne.
gro freedom, and in which it decided upon
! view of the Constitution which had no
more to do with it than the adventures of
Robinson Crusos, and then reversed the
action Of the Government for seventy years,
and made new Constitution in all that
relates to Territorial legislation; ia such
case | have felt il to be my duty. as one of
the few survivors Of the old school, TO raise
my voies against it, snd to appeal TO the
candid intelligence Of my fellow citizens to
come to the defense of our Constitution,
such as our fathers made it, and as it
was administered for two generations.
I mean what i say. RhenI I say the
Supreme Court had as well been looking
into Robinson Crusoe as looking into the
Constitution of the United States to find
he power of Congress to lsgisIate for Ter
Eitofies, for it is not there, but in the or
linanee of's7, adopted BY The ConAitu-
ion and by the frat Congress under
Washington, aud in their right as soser-
Sign proptistors, h,vibg the right to gov
.rn what they have q right 70 acquire and