The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-09-15
.BuGsgc Rarticy.


efforts 10 dccry the reputation and consistency !
Of our distinguished candidate for the supreme
Court They might as well try to bite file in
two. The position he has filed so long and so
we'll and the estimation in which he is univer
sally held unite to defy the assaults of SANDER
and envy Below We copy an article from the
Mansfield Shield and Banner, refuting an at.
tempt to garble the record:
BASE MrsRErREsEXTATIox or JUDGE BARTLEY
The Mansfield He,aH OF last week contains
an article headed, "Judge BARLEY in lS4T,' at
tempting to produce the impression, by preten-
d1d extracts from productions of Judge j. in
1S47, in 1851, and in 1857, that his opinions on
the negro question had been inconsistent The
article alluded 10 consists of an extract from a
letter Of Judge B S relative TO the Wilmot Pro
viso, known some yeals ago as private letter
Brinkerhofled, also part of a sentence extrac-
ted from Judge Rs speech on the Nebraska
Bill and garbled and perverted extract from
his opinion on the Poindexter case.
Now, the letter had relation to the Wilmot
ProviSo as an amendment to the Three Mil
lion Bill" proposed Appropriation to purchase
Southern territory in treaty OF peace with Mex
no; and was written before the Wilrnot Provi-
so was proposed as provision in law OF Con-
gress organizing territorial government. In
the appropriation bill, the proyiSo was simply an
abstract declaration as TO the object of the APP
preparation, and which could have been incorpo-
rated in the treaty Of purchase. declaration
against slavery, in a treaty for the acquisition
Of territory, is one thing; and prohibition in
a law Of Congress organizing territory another
and different thing. One is a compact, and the
other local municipal law; and the two can
not be claimed to be done under the same grant
of power in the Constitution. Judge b., in his
letter in reference to the appropriate to pur-
chase territory in u treaty OF peace, and before
the time arrived for enacting law by Congress
to organize a territorial government said; "If
territory is to be purchased, now, now is the
time and the only clfectual time 10 say slavery
or not slavery" The effect Of the letter fairly
constructed, is, that it was at the time of the
acquisition of the territory, and not at the time
OF the passage OF law to organize a territorial
government, that slavery could be prohibited.
| The hasty expression, Therefore, in this Brnker-
hoffed letter, was not consistent with Judge BIS
position in his Nebraska speech as to non-inter
vention by Congress in law for the organiza-
ton of territorial government, as he most full
| ly and satisfactorily explained at the time in
his remarks. H
The extract from Judge BIS opninion in the
poindexter case, G. O. st. Rep. 724, is garbled,
and parts left out, with a view OF producing the
false impression that Judge B. was, in 1857 a
pro- slavery man. This is a gross and base
peryersion ofthc truth, as is well known to the
person who prepared this garb'ed extract. AS
ground for refusing to recognize legal rights
arising under the laws Of Kentucky, in the in
| tercoursc between the two States, the position
! in the opinion of the majority OF the Court,
that slavery as il existed in Kentucky was con-
trary to law both national and divine.
| In noticing this position Judge B. stated,it was
unnecessary to consider the question, whether
negro slavery was contrary to the divine law,
as that court did not sit there to administer the
divine law And after stating the question with
the references sufficient TO show the existence
and nature Of the question, he added: "These
are questions for the theologan and the morol-
st, and upon which, do not deem it proper to
express any opinion whatever here. 1t is suf-
fcIent to know, that in the judicial determine
tion Of question, there is no higher law to US,
than the constitution we have sworn to support"
Now this fallacious extract published IN the
Herald, ,garbles the opinion, leaving out the re-
ftrences showing the existence and nature o.
SuCh QueSllon,anu SIopS sHoit VI tpS seht0h0eo
above quoted in which Judge B. says, in express
words, that he expresses no opinion on the
question whatever, adding: "We are not here
to determine questions ofdivinity or OF casus-
try. In determining how far we may disregard
the comfy of nations and refuse to recognize
rights arising out of a legal relation in another
state, we must look to the legal standard ofmor-
ality, instead Of the conflicting theories Of theo
Lori, nc and ,norol CO
This garbled extract comes from person
who has known well ever since he first came te
Ohio and helped himself by kind ahd friendly
aid from j udge b., that the impression, which
the garbed extract was designed to prodnce, tc
wit that J udge B. was a pro-slavery man was
false. Upon the theological question Judge B
expressed no opinion; but whatever may be his
opinion on that question certain it is, as is wei
known to the person who prepared this extract
for the newspaper, ne is, and has ever been oppos
ed to negro Slavery on other grounds Now,
garbling a mans written opini,ns in order t.
produce false impression, by fair and proper con
duct among honorable men, no fault can b
found with either the honor or the morality c
Mexican Guerrillas.
E