The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-27

Msjesty's representatives how tenaciously we
bold to q good understanding with their gov
ernment. Who will say after this that the
Americans sre captious and difficult to deal
with! Facts, we think, show that they can
stand great deal without losing their temper.
THx OPINIONS OF THOMAS 81. BENTON AND
THEIR TRUE VALUE.-A curious but unimpor-
tant controversy has recently been suscitated
in regard to the opinions of the late Thomas H.
Benton about the policy of Mr.. Buchanan and
his administration.
Testimony of the most opposite character is
adduced by two parties holding intimate rela-
tions with Colonel Benton. Both of these are
gentlemen, persons Of position and weight in
their respective circles, and both have charao-
ter for probity. Mr.. Carey Jones, son-in-law Of
Mr.. Benton denies in absolute terms that his
father-inlaw entertained the opinions attributed
to him by the correspondent of one of the city
journals Mr. F. P. Blair, in reply to this, pub
fishes q statement to maintain the assertions of
the correspondent and by the citation of incl
entail bearing upon the question, endeavors
to prove that Colonel Benton during the last
weeks or months of his life entertained opinions
adverse to the policy of Mr.. Buchanan.
The only inference that can be drawn from
these conflicting statements by disinterested
person is, that at the time alluded to Colonel
Benton was in his dotage, and expressed to diff
ferent parties opinions directly opposed to each
other. The weight of the testimony is
equal. The character and position of
the two witnesses are the same. Both
had facility of intercourse and friendly
relations with the deceased which entitle each
to the superstition that he knew the inner
thought of the man. Though Mr.. Blair en-
deavors to fortify his statement with collateral
testimony, the inferential character of that
which he adduces leaves the question in the
position of opposing assertion by parties equally
entitled to credence. Some of Mr.. Blair points
| had better have been omitted. For instance,
| his report of Colonel Benton's praise of Nh.
Clay's great service to the republic in 1850,
| by battling and putting down the traitorous Sc
| cessiOnists of the South" 1t is fresh in the
memory of all that during that great contest
| Colonel Benton did all be could in opposition
TO Mr.. Clay; and the statement Of Mr.. Blair goes
far to confirm the idea of Colonel Benton't
dotage in his last days.
Another fact, tending in the same direction
is the pow-wow Colonel Benton endeavored Ia
make in late years over the bred Scott decision
II is well known that this decision settles that
individual case, and that only. The same tribu
nal, in the hands of the present or other Judges
may make decision of directly opposite
character, and neither will that affect the law
Decisions by courts of justice merely interpret
the application of the law to particular cases
but do not disturb its letter. its spirit, its prin
ciples. Any other view of the power of the judi
ciary would confer upon it the lawmaking power
which it does not and never should possess
Colonel Benton lately entertained the idea that
legislation was necessary to counteract the
course of the Supreme Court in the bred Scott
case, and there are many who will not desire
any better proof that he was in his dotage al
that time. In fact ever since the explosion Of
the big gun called the '.Peacemaker," on board
of the Princeton, Mr.. Benton has never been
right on public affairs in the consideration OF
many people.
The fact is that Colonel Benton was always q
man of violent personal and partisan prejudces.
His Thirty Years in the Senate" is replete
with statements of q one. sided character; and
the probability is that as the powers of his mind
suffered from his physical decay, this ruling
passion grew strong upon him, and he gave to
both of the gentlemen who have endeavored to
enlighten the public on the subject reason to
suppose that he entertained the opinions each
has attributed to him. But We do not see that
II makes any great difference to the world what
opinions Mr.. Benton held on any particular sub
iect; and we advise Mesra Jones and Blair To
lay down the Ratchet, bury topic not worth
contending about, and smoke the calumet Of
peace together.