, 1859-06-11
Nh. TANET DEFENDED.

The c;'itvr ii tho CA!c:ls;' 14n4,s surely Cali
,,o1 i.c so snorasst as l,c seems III lis dclenst
u oil Nr. Tanr,'s DECISION in the -amy casc
S s.ys 1A.t s:.re. III its Yesterdays issue: s:
-'T.le couri Judge Ta1lry presiding. decide!
that ill.,. pr -,'ller, t;.nu.h rra,psffu. WAS nertl
,.~!--< p:',s.'I. nn4 Notwithstanding the itn
p.,~a.bin, u: hrr b'c"ul:a. citizen, vas ueyr'
i e.rss aa,r:lablc f,r Ill thr crimes tLut 81
n!i3.s. commit The prnalty prescribed By lar
IL. .ser,o:tencc was tine anil imprisonment. alis
.!,r acftuce arg -sel tllat. BUN the p'operty :"
:.u.,th IT, sht c.,ut nut be tinc, brcIus tn suc.,
c.sr The 1ine w.ai have tr b. pail by her OWL
II, uL thrrciu,r It was in,pusrlbie t" carry init
exrcuti"n tic sentence demanded hy the lnw.
"Tlt ReIuhiical, }sif,e:s Ut Chtca.n, whic!'
..-.. III !s.s. Ii ;,ceul'ur knack of s"4kiug them
ssivcs ril;culaHs upon I'LL legal qucstioi's. us'
Lesoln, Columns I" Frrr- hut the da*istAa III Tie
IF il, +<e I,"y o"'r:ur"s tbs dtr.io" in IT,
II eI S.,.!' tl.~ ftIt my'0f< arr not uhd cdnAo'
he ti:,.."<:f IT, (AteL .S,at>'.'
Npw wr i,ayc to ittsiirase that this paper,
which is evidently scGorrcl 10 above, 1'as 1T
tempted to prove no sucl. thug: aul further,
tint tile dol,. catelcd BY tue Times to eludc
tho vital pui.t d lhe controversy is cnllnenily.
suggestive Of the return Of Senator Donclas-
Let LIS ol.e more c,ltlra,or to n,;skc the poi1''
clear +, tlts comprehension of these qnibblers
Judge T;l,1cy sud that !, would evidently Ut
wruug I, i'np'sc 4 inc upon tl.is porson, CT
thug, ANY liz admitted that the Law oi
C.,u=ress whi..h provided pcillties for mail rtl-
l:'lE, cn1Id not have contemplated negro sl:sves
l,cr,u<c the punishment was. in part- efa char
after which could not be inflicted upon them
Therefore l.o rau lis scissors through
the law aud eliminated 4 section which
might 7e applied tn slaves, notwithstand-
ing Congress had 10 idea thcy were
providing for such an emergency. THUS is nj
new trick Of Professor Taneys. though his
sleight-ut.hand las most generally been better
"o:lccalel This is the point 10 which NC in.
vi,e the attention Of oil good Democrats.
Our l'.liet is Lllat the Congress which enact
I'll the law in question did intend to include
nr.roes aud negro slaycs--that it was not n
p1rt If tl1cir intention to leare the mails n,
t},c mcrcy o every black thief in the country:
or every white tlticl that owned black one.
We believe they lad not b.pn educated in
u.yro philosophy up to the Tanoy-
Douglas standard which prevails with
the Democracy at tic present day.
Their ideas wero modelled somewhat upon the
theories OF Jefferson, Franklin and Madison.
They thought that negroes had some rights
which white men were bound 10 respect, and
therefore so1ne Responsibilities 10 Law and gov
crnmeut. They intended to punish crimes
alike in tho persons Of all criminals; and if il
should happen that slave, or minor, or &
paupcr could not pay the f1ne which the law i'm
posed upon hint that would bo misfortune II
lin, which in its nature the law coulG
not remedy. But they never imagined mol
deemed t possible that the Chief Justice Of tht
unitod States would first rule the negro into I
state Of chaltlehood by virtue Of tue Feders'
Constitution, and then chop up the laws 1
Congress 10 suit tho new exigency. This i
whit fancy las done, for obviously his deck,
ration that person who Gould not BY the Law
OF his condition pay fine ought not to hay
one imposed upon him, would never have bee
male iu tho case OF 4 minor or married NC
man. the idea was improyised to match til
Dred Scott dcc;s;o,-to sustain the net
dogma that Slavery is a thing If the Constisu
1it,., and not solely Of State and n,unicip:
regulations.