Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-01-17
W,sHTvTTov. JANUARY II, !

Speech on the duties aId aims Of the Republican
party alluded the fct that the series o. TeSo-
lutions on the bred Soft decision, offered IN toe
House on the Esd uIimo, and objected TO by
Mr. Moore OF Alabsma, were written by Col.
Thomas H. Benton. / stated this in my letter .
4 of Yesterday but had not time 10 procure the .
4 resolutions Before The mail closed. They are Is
follows:
/. Rss275sa, That The Judicial power of the
United States does not extend 10 political FueS-
lions. and that all pretended decisions Of such
questions By the federal judiciary are illegal ana
void
. ,. Resolcsd, That The late decision Of the Su-
preme Court in the case of bred Scott against
Sanford, 50 far as the same applies TO the act oil
Congress commonly called the Missouri CON-
promise act, i the decision Of 4 political qIes.
ton not within the jurisdiction OF the court ana
is illegal and void.
( 3. EesoIrs3, That there was nothing in the
case before the court 10 authorize II to take cog
nizanee Of the validity of the Missouri CompTo-
mise act, and the cognlZance 50 taken OF lAal
act was extra judicial and gTatujtiOuS-
: Essg'csI That he assumption OF the court
TO make the said decision, when the case on the
record out of which il grew was dismissed ior
want OF jurisdiction, was 4 clear and manifest
proceeding without any judicial authority, and
was illegal and void.
). Rss9l5el. That the decision Of the same
court in the same case, declaring the seit-eXten-
sion of the Constitution to territories, carrying
African slavery With it and protecting it there,
against the power Of Congress or the people 10
reject it, was decision without any authority
10 make it, and without any case before the court
recurring a decision, and without any foundation
20 rest upon after the case was dismissed Tor
want of jurisdiction out Of which It grew, ana
that said decision vas gJt-sr dlciU, and without
legal effect or force.
i. Resolcel, That said decisions are in dero-
CATION of the power of Congress, and restrictive
Of its time-honored right and practice TO legis-
late for territories; and being derOgatoTy ana
restrictive it becomes the duty OF Congress TO
Yindicae its rights by asserting It's full auihorl,
" to legisiate upon slavery in territories, and
declaring lis total disregard of the said illegal,
extra Judicial and void decisions of the Supreme
Court: which, accordingly, is hereby done.
Z Reg0Ice5. That the Congress and the Pres
ident las part of the legislative authority are
Judges OF their own powers m passing or ap-
proving bills, to be governed by their own oaths
and consciences; and that the Supreme Court
has no more power to control item than they
have to control tie court, being both coordinate
branches of the same government, and lndcpen-
dent Of each other wi,uia their constitutional
sphere.
Colonel Benton shovel the utmost anxiety
'that these resolutions should be submitted 20
the Republicans and adopted part Of their
platform. Additional importance Is given 10
them bv the fact that the last of the'n Is taken
from Gen. JacksOn'S veto message on the Banh
Of the United States, in which he repe!stae idea
that the sphere Of his functions as President
should be narrowed bv 4 decision ofthe Supreme
Court in regard TO the c0nstilutionaiiy Of iuat
institution COO0c. Benton gave these Tes5. y
tons to the Hon. T. p. Blair, Jr.. of Missouri,
aad n copy Of them TO Senator Dooitte, oil W u
c0nsin, and in the note 10 Mr. Blair lnc-osin2
them lac saws, speaking Of the Rep DIcGn par
~: SHOW them to our friends, and especially
7 to King and Hamlin Of the Senate lis sal
taze the roc.TsGmqPt Ghd put the power in tho
hand. az r., converting it into an olig1rchy,
the Supreme Court had been called in loaid the
attempt, and had worked heartily to that end
-S.GD.e-
The ILLINOIS, or FANNY kEmGLE.-Thc \. Y
correspondent Of the Buffalo Commercial Adve--
tiser relates the following aneCdOte of this gifted
but independent and eccentric lady, who evident
" has no nonsense about her.
committee Of ladies from the Mount Vernon
Association waited upon the lady at her apart
meut in the St Denis Hotel, New York, one
morning last week, toisoiicit the proceeds Of ono
of her Shakspearian Headings, in aid Of the Mon.
ument Fund The case was very deliberately
stated by the Chairman of the Committee aud
the last Of the Kenbes," after h.aring all that
was to be heard, drew herself up to the entire
longitude of her magnificent proportions, aud
said, with irOwU which caused the Committee
of Five to feel intensely cheap:
Ladies, | respect you motives, but have no
liberation for the means you are resOrting to, to
:
If your country is too poor, or too mcau or too
ungrateful to take upon itself, through the Ma
tiOual Legislature, 50 obvious a duty, better
that Mount Vernon be sold for a cattle market,
than that it should be purchased by the proceeds
Of charity balls, fash newspapers, and quack
doctors. Ny humble abilities are at your ser
vice, but with the proviso, that whatever amount
they may yield, it snail be presented to Congress
as the first donation to enable them to discharge
a duty which ought to be discharged Jy them, or
not at ALL
The last time the Committee were heard Of
am told-thcy were enquiring the nearest way
to get from the hotel St Denis.
and this may be as fitting place as any 9TH
er to relate another characteristic incident. in
this connection, which, though it occurred near
ly twclyemoth ago, has never been in print
a certain distinguished nuthorcss, who had en-
'joyed the quantanceship of Mrs KembIe, gave
4 note Of Introduction to a rather clever young
IrishwOman, Miss Teresa Esrnond of whom YOU
have doubtless heard. As Miss Esmonde is
Shakespearians reader herself, she very natural
y thought that personal interview with So
transcendeutal genius (and free ticket or two
for her Readings, would improve her pow
erS Of e!ocuton, and so buoyant with anticipa-
ton, she drove to the Union Square Hotel,
A. /