The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-03-15

t!S loss scarcely, If at all, less and de
r. uuctNc, and political calamity in extent and con
sequehces, lhcalculabe, is daily, hourly made tha
oPc ol uniraternal, bitter, insulting reproach and
nNectlVe' Every opprobrious epithet our language
i'lhs' anu the industrious research of the dema-
gogue can discover, is in this REGARD baannd nn",
southern citizens, who in every thing that imnarts
dignity to humanity-talents attainmon+s -
isili HioraE renSl3n-are more than their equals
III Is gratifying to know that this crusade of fill.
ana crime Is not on not approved but sternlr con
uehhed, by the thousands and tens of thousands of
good and patriotic men of the free States Trua to
: the lessons of noble ancestry-ave to the real in
f terests of their section and cherishinU an ~,
aylhg love for the Union, and every State colonna
ing 1t, they regard these gross revoltno, in
sane assaults with nothing but loathing and dis
, With the demagogue, however, what are the de-
lnands, however clear, of duty? Did these ever
arrest his selfish career? twas but the other day
that Senator from Northern State a State moro
interested, perhaps, if that be possible than any
other In the undisurbed continuance of the Union
ana whose past and present condition should have
MN better, In speech carefully elaborated
anu IN PRINT before spoken, desecrated the Senate
chamber by virtually threatening the South with
early practical subjugation-huring the bitterest
ahathemas at their system of labor, denouncing it
as at war with the Declaration of Independence re-
pugnant to the instincts of humanity and an out
rage upon the laws of God.
Never was there more direct incentive to ser
we lnsurrecton Could the slaves of the South
near such teachings, and be mad and reckless n.
tne speaker, many homestead would soon swim in
Cd aud,
tbro' lfo f uy many cry would ma Its way to the
tha VI neafen, INVOKING retributive justice upon
! hronoh ar A. VI @ i'o agony Even a coordinate
| H.; I;a " ii'e 2Icrhheht because only OF its hay
~ uineiVu WIN MN on question of constit Ition-
,m lGolcitly oeloIe IT, IN due course of legal
anJs h;s,, -, M's' anu e'luehtly from mere party
dlshonored human life
tb TE;.I al S slIohS terms 10 apply to Senator Of
It ou =; T States put Ihe relation which held TO
cynn fiIJ a. tne Dteu scout case, and which
| even lufnlSned the DrpteXt for the libel on6t tha
msn Thoro t"'S SlVes me- Justhes me IN their
Jroo+ i dhere Is not, H"9" word OF truth in his
Ia fes, nor the Sllghtest foundation for the
"nSh"Il liable anu unmanly mslnuationS in which he
inuulSea. Inc case itself was originally commenced
~ ocott: uhuer te advice of counsel no advocate of
TIi: @ i,i Iie I Vi the otate courts OF Missouri
Wow 70 1 ao GGne IN Petlect good talth and with no
dnc,,,oo P PC'l ch5cC lhcre or elsewhere, ana the
;dt "aS Iatrieu on IN the same spirit The
n 80 r VI ~ l'' court was IN laVor OF Scott but
a vi giror sueo OUT by the master, 1t was re
S' elstu' anu tiie case Temanded for final judgment.
couliSel then abandoned that case and insti-
T ahotner lor the like purpose, in the Circuit
L4 ~ vi IlG uhited states Tor that district By
V tniV court MS legality to sue, if free, main
tanned, but on the merits the Judgment was against
mn, Hileh ne ana ms counsel, not the master on The
moseT counsel, brought the controversy to the Su-
p TrtiS Tb; Uoure ,n u, 1I tne United States.
- ms was 1t" uohe before the Kansas and Nebraska
aC' was passed or anticipated On the first hearing
!, IN uhat court, the argument for Scott made
~ ~ r. blair' ana Tor the master by Mr.. Geyer,
aTgunent g was ordered, and that was conducted by
Si MI Plalr' ana Mr.. IT, W. Curtss, the brother of
M 'uStlce Cuftlss, lor Scott and with signal ab
~ anu le master was again represented by Mr..
"GNer G, ana myset.
Inc senator lnslnuation that the made
Dy the master for the purpose Of obtaining dec-
SION DI the supreme Court, is so far from being
'ue, that the suspicion, at the time, that the
Poiitcai friends OF the Senator-the Abolitionists
had mad 1t instituted and brought here, with that
eXeluslye end But this was equally untounded,
was stated by Mr.. Blair in open court, and few
days afterwards in communication to the Nation
al lntellgencer the allegation also that the counsel
OF the defendant STAKEHOLDER were paid BY him, is
IN keeping with the reckessness of this portion OF
thG ehtlre speech 1t Is absolutel untrue.
. Inc questions that the case involved were men
@ lloheu 10 me by southern gentleman, and always
'allig the OPINION afterwards announced by the
supreme court, ana seeing, as | thought how
ueelN the country was interested in their decision
volunteered TO argue the case for the defendant;
,'u never rece' ca or w1uld have received, the or
dlnafy compensation. My colleague was, | am Ger
tam, actuated by the same motives, and was re
Warded only by sense of duty performed. The
charge that the majority of the Judges, in ruling
tIe Missouri restriction unconstitutional, acted ex-
ira ludlcally, leave every lawyer to decide after
ne snail have read the opinion of the venerable Chie
Justice If that does not convince him of the utter
groundiessneSs OF the complaint all reason or
thorlty would be lost upon him. In this respect
however, there is one view which the public gener-
ally cannot fail, | think, readily to comprehend.
hat may have passed at the consultations of the
COURT no one perhaps out the Judges VIII ever
Know but TINS would seem to be obvious that il
1t was the duty of the dissenting Judges Messrs.
Mclean and Curtiss, to pass upon question of such
Importance, and to argue it with unwonted zeal and
rare ability and with practical appeal to Northern
prepossession and sympathy calculated to impress
upon the public mind of that section conviction of
the right to Congress to prohibit slave labor in all
Territories then or thereafter to belong to the
Union, power so pregnant with danger to our
continuance as one people, it was equally proper
that the Judges who entertained a different opin-
ION; should nave expressed it, and maintained it
with all the ability and research within their power.
Mr.. Justice Mclean's opinion occupies thirtv-ive
pages OF the report in 18th Howard and Mr.. Justice
Curtlss one hundred and three The greater part
OF each IS devoted to this very question, and as to
the right to consider and decide it, the last named
Judge concludes ms with an apology Tor Its length
by saying the Questions are numerous, and the
grave Importance OF some OF them required me to
eAhiplt the GROUNDS OF my opinion have treated
no question which In the view have taken it was
not absolutely necessary for me to pass upon, to as
certain Whether the Judgment OF the Circuit Court
snoutH STAND or De reversed have avoided no
question on Whlch the Vadlty OF that judgment de
Pehus 10 nave uone clther more or less would
hane we peen lnconslStent with my sense OF duty
were tIese tWo OPINIONS 10 be spread, as they
were, WIN uheXanpled haste, broadcast over the
lah1 ana the rest OF the Court, who differed so
Wlueiy ana SO decidedly, to remain silent? Were
hey, Dy that very silence to leave the public to in
IA t oa9 ne! aheh nave lalriy uo1es that t9ey
uIu no vi were unape' 10 MAINTAIN Glnerent ooc-
VI AssulIe' NJ therefore, What IS thlnk, pai
pDl ulsou, ILlat the ueclsioh OF the court on ths
f 1 I Ia any stnIe eAtra uulcii, nIlu m 70
dissentin~ ndgns randered II tho dntt of tbe Cont
t 33 ~ i I eie It ~ ~ 'IIe e Iu!y ~ VI to IN I
~ e, ~ '',e nioe eAeh' Vi tell PoMgl' what
~ W pe tiG :f1 StilouS elios,
fsten nnnn be nnble ,'iu udgment was Ae'y 10
pu I Iot eonIGht Mlt SalllLs tlie haV'es OF the
iad D iaI Lnae. te anu the al
80 ~ +I I'D Jer Jai ~ d :ei !. Vi tile couiV ueci-
'ion' 0 io A0H0o anu integrity vi the Judges