Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-09-24


see in the Banner Of this date communication
from ex-senator FoOrE. It's in the shape Of 8 let
ter 70 the Hon. j. A. n, written on the sth Of Sep
tember, 1869 Who j. A. n. is, weaFe net informed; /
neither are we told why this interesting document |
slumbered from the sth to the 2lst inst. The ex-
Senator confesses that he is little grstifsd that
the opportunity is If rded him Of stating his views
upon the interesting questions now exiting the
popular mind and he takes the liberty Of answer
ing J A. n by usipg the public press. All things
considered, this is really an edd document coming
as it does from one who has grown gray in Office
and in the discussion Of political questions. That
he is friend to the Republic are rot to doubt,
as he has furnished US the evidence; to wit; that
he is anxious to see the Black Republican oFganiza-
ton OF the North defeated 10 800 To do this be
has assoca,ed him ielf with the least Of all parties
| a party that is powerlsss; which cannot claim
single State South, and is not even dignifed With
the character Of nationality. Truly ibis is a wise
course 20 pursue TO accomplish the end 50 much de-
sired!
We ire told that there are about treny distin-
guishs,l statesmen some Of Democratic and some
of Viii sntscedents. Sho are honest aud quaiihed
doubte y one Of thesa It is clearly to be inferred
that thy are not now Democrats or wings. "ha'
are THY? Will the ex Senator explain In SPEAK
ing OF his friend DoHGtAs. he Gays; "he d'csres'
as sTe,y enlightened lawyer will sdmit that unless
iudici, / remedies in terms applicable 10 slavery
shall he provided, either by Congress CT the Terri
toral Legislatures the owner deprived of his slave
must q in a remediless condition II this De SO
then ,e very life and existence Of the constitution
depends on the action of Congress, or the action
Territorial legislature The fourth article oil 10
Constitution expressly provides FIR the delivering
upon c'n, the fugitive from service, TO the perso
ella; mir 2 the service The third article provide
ths. the judicial power shall eK'end 10 all nsses II
Law and equity arising under this Constellation u
laws of the United States aud treaties, &c. |; wi
be observed that here is express authority Tor III
judicial power 10 act in all tha' arise undo
the Constitutions pet we are gravely told by enligh
eped lawyers, and ex-Senators that this provisio
Of The C, institution is a dead letter, aad can ha7
no operaiion unless it suits the will Of its mass
!, the Congress of the Uni.ei States.
. We have been taught to believe that the judici
: and legislative branches of the government, derive
h and that they we're equally independent; but 1t
now said that rights under the Constitution thoue
in express words cannot be enforced unless 1t is u
IF will of Congress. Tse laws of the United Stat
pr mentioned in the third article Of the Constitution
must refer TO the acts Of Congress; out mark 70
the judicial power of the country is not confined
= cases arising under the acts of Congress, but is
tended by express words TO cases arising under L
. Constellation If A. i. has rights arising out OF t
express words of the Constitution are they TO be
. in consequence of Congress nOt.PrOvIding spfci
moGe of coming at them! Certainly not Are thu
=. no principles of the common law in this cOuntr.
Shall it be said that our citizens h2va rights, but
= remedies? If the principles contended for be CORE
- :hen the Consli utiOn and Judicial branches OF
government are depsndeniEcntirely on the action
=, the national Legislature for life and existence;
in short the whole concern Of government is spl'
- did farce JEFFERSON.
en- September q, 1859.