Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-03-25
WASHINGTON NEWS AND GOSSIP.

1nVlldIlOu duuIoos tuo ldte monster meeting |
in Baltimore in favor Of the admission of Kan |
sas into the Union upon the Lecompton Consti- |
tuition, took occasion to review with convincing |
force, indeed, the arguments in the Senate and |
House, and the newspaper and stump on
slaughts in which the opposition have INDUCED |
against the decision of the Supreme Court in |
the bred Scott case. Perhaps no other judicial |
decision of modern times has been, in the same
space Of time, so systematically and extensively
vituperated and misrepresented. This game
on the part of the ranting, tearing new lights |
of the opposition, must have BEEN to some ex-
tent, politically profitable, or it would not have
been persevered in up to this day, evidently
with no disposition to relax the virulence of its
prosecution. We, therefore, rejoice to find that
the Hon. Rev. johnson (who was a counsel in
csse) has so efectually exposed the injustice of
the criticisms of the Courts action in the case
to which we refer, as well as the sweeping i'm
propriety of the personalities to which the ma
ligners of the highest legal tribunal in the land,
in and out of Congress, see fit to resort, in the
premises.
1t affords US great pleasure to lay before the
| Stars readers the remarks of Mr. j. in this
connection, as follows:
1t was but the other day, that a Senator from
Northern State, State more interested, pc haps
II that be possible than any other, in the unds-
| turbed continuance of the Union, and whose past
and present position should have tauo bit d inn bet
ter In speech carefully elaborated, and in print
| before spoken desecrated the Senate chamber by
virtually threatening the South with early pracH
| cal Notwithstanding the bitterest anathemas
at their system Of labor, announcing il as at war
| with the Declaration of indie pendence, repuynant
to the instincts of humanity and an out rage upon
| the laws OF God Never was there more direct
incentive to servile instruction. Could the
| slaves OF the South hear such teachings a nd be
| as mad and reckless as the speaker, many a home
stead would soon swim in blood and many a
cry would find its way to the throne Of Heaven,
invoking retrlbutve justice upon the author of
Its agony: Even aco-ordinate branch of the gov.
eminent, because only of its having differed with
him on question of constitutional law judi
cialiy before it, In due course Of legal proceed.
Ing was and evidently from mere party ends
subjected to as calumnious all attack as ever dis
honored human lips.
| These are strong terms to apply to a Senator NJ
the United States, but the relation which held
to what Is known as the bred Scott case and
winch even furnished tn; Prete1t for the libel,
mes me in their use. There is not, 1 EnOu q
word OF truth in his direct charges, nor the
slig htest foundation for the uncharjtablp and nm
manly in sinuations i'm which he INDUCED The
case itself was originally commenced by Scott
under the advice of counsel no advoc Of sla-
very In one of the State Courts of Missouri This
was done in perfect good faith and with no view
to political effect there elsewhere and the de-
| fence was carried on in the spirit The
Judgment OF that Court was in favor Of Scott
| but on writ Of error, sued out by the master il
was reversed, and the case reInanded for final
Judgment. Scotts counsel then abandoned that
case, ana instituted another, for the Ii ke purpose
IN the Circuit Court of the United states for thai
| district. BY that Court his legality to sue If
Tree, was maintained bat on the merits the judy
ment was against him, when be and his counsel
not the master or the masters COUNSEL, brouy hit
, the controversy to the Supreme Court Of the
This was all done before the Kansas and Ne
, 6raska act was passed or anticipated On the
hrst hearing in that court the argument for Scott
was made by Mr.. Blair, and for the master nv
MI Geyer, one Of the then Senators from Mis-.
| souri,, and myself. A re-argument was ordered
and that was conducted by NJ Blair and Mr.. 6
| w Curtiss, the brother of Mr.. Justice Curtiss
Tor Scott, and with signal ability and the master
| was again represented by Nr Geyer and myself
The Senator's insinuation that the ease was mad
| oy the master for the purpose Of obtaining de-
| cision Dy the Supreme Court, is far from tru.
that the suspicion at the time was that the poit-
| zeal friends OF the Senator-the Abolitionists-
had had il instituted and brouy ht here with that
exclusive end But this was equally uufounded
, as was stated by Mr.. Blair in open court and a
| few days afterward, in a comulunica ion TO the
National lntelIeencer. The allegation also fiat
the counsel Of the defendant STAKEHOLDER we're
paid by him, Is In keeping with the recklessness
OF tnls portion or the entire speech. IL is abso-
lutely untrue The questions that the case in
VOWED were mentioned to me by Southern oen
tlrnan and always entertaining the opinion al.
teIwards announced by the supreme Cou l. q "A
seeing, as L thought, how deeply tn. country
was interested in their decision ] VOLUNTEERED
10 argue the case for the defendant aud never
received, or would have received the ordi nay
compensation. My colleague was, I am Ger,
tain, actuated by the same motives and was
T rev. only by sense of duty Performed
The charge that the majority of the Judges in
, ruling the Missouri restriction unconstitutional
acted exta judiciaily, l leave every lawyer TO
decide after he shall have read the opinion of the
5 venerable Chief Justice. If that does not con
vince him Of the groundlessness of the COMPLAINT
an , reason or authority would be lost upon him
In THIS respect, however, there is one view which
the public generally cannot fail. think readily
70 comprehend What may have passed at the
consultations OF the Court, no one, perhaps but
| tue Judges will ever know But this would ace m
to be obvious, that If il the duty of the dis
senting Judges, MessTs Mclean and Curtis Ia
, pass upon question of such impO lance, and to
argue 1t with unwOnted zeal and rare ability and
win P actlcal appeal to NOrthern pre- possession
and sympathy, calculated to IMPRESS uDop the
pubic mind OF that section a conviction of the
| right OF Congress to prohibit slave labor i'm ali
| ItIrltorles then, or thereafter to belong to the
| Union, power so pregnant with danger TO our
continuance as one people, IL was go nally proper
that the Judges who entertained a little ent opjn-
| ION, should nave ex pressed il and maintained IL
with all the ability and research within their
| power.
Mr.. Justice McIean's opinion occun,es ,bi,,v-
nVe pages OF the report In 18th IIowa d. ard Mr
Justice Curtis one hundred and three The
greater part of each is devoted to this very oues
tlon, and as to the rig LIT to consider and drcid.
| II, the last named Judge concludes his with An
apology for its length, by SAYING the Z" questions
1 anu inc grave importance OF
OF them required ME to exhibit the ground, of
my opinion have treated no question which
In the view have taken it was not absolutely
necessary Tor ne to pass upon, to ascertain wbe-
Their the Judgment Of the Circuit Court sbonId
stand or be- reversed have avoided no q question
on which the validity Of that judgment depends
10 nave uone either more or less would have
| oeeR Inconsistent with nv sense of duty
were these two opinions to be spread as they
Were, with unexampled haste, broadcast owe,
the land, and the rest Of the Court who dir
fered so widely and decidedly, to remain
silent! Were they, by that very silence, to leave
the puplc TO infer, as they mil hit then have fairly
done, that they did not were unable TO maintain
different doctrines? Assuming, therefore what
Is, l think, PalPably unsound, that the decision
| CT the Court on this question was I'm any sense
extra judicial, hold Il to he PERFECTLY clear ,h.t
the course adopted by the dissenting Judges rem
dered II the duty Of the Court to correct To Nh.
whoie extent OF their power, what they believe