Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-03-26
RESPONSE OF JUDGE BATES.

Dr. Banoys Editor Of The A"-eiger and other gentle
meH:
SiRs B. Gratz Brown Esq, President of the Mis-
souri, State Convention, which SIT IN st. Louis on the
tenth of this month"; has officially made known to me the
proceedings of that body aud 10y them am enabled to
know some OF YOU as Delegates the Chicago Conven-
ton, representing the Republican party OF Missouri
have received your latter propoundng to me certain
questions seven number which you suppose will COW
er most if all the grounds OF controversy in the ap-
prOachiug Presidential election
With pleasure will answer your questions. But be-
fore doing So allow 10 glance at the peculiar circum-
stances in which placed aud the strangeneSs OF the
fact that l. a mere private man. called upon to make
avOwas and explanations with any view TO take me from
the shades OF private life aud place at the head OF the
nation came to this frontier in my youth, and settled
in St. Louis when it was village. All my manhood has
been spent in Missouri, and during all that time have
followed profession which left my character and con-
duet open to observation of society. Aud while has
been INV constant habit freely express my opinion of
public and public men, the people OF Missouri
of all Iarts will bear witness that never obtru-
vey thrust myself forward in pursuit Of official honors
have held political Office and sought none, for more
than twenty five years
Under these circumstances confess the qualification
which feel in receiving IT, recent manifestations OF
the respect and confidence Of my fellow cltz ns Frst
the Opposition members OF the Missouri Legislature de-
cared their preference for me rs candidate then iol,
lowed nv nomination by Convention composed OF all
/
the Republicans Of Missouri iu their separate Convention,
Just held in ST. Louis, have reaitrmed the nomination,
and proposed 10y their delegates, to present me TO the
National Convention, TO be held at Chicago as
candidate for the first Office IN the nation. These Yar-
Gus demonstrations iu.my State, douby graft
ng TO me- because they afford the strongest proof that
nv name has been put forward only in Spiit OF harnO-
nv and peace and with the hope OF preventing all dyiS
ion and controversy among those who, for their SNn
safety aud the public good, ought TO be united IN their
action
For all this | an deeply grateful and, far as con-
Germs me personally must declare, in simple truth,
that If the 20 farther and produce no ma
tonal results still paid aud overpaid tor llie OF
labor and for whatever OF Jealous elort and patent
watching have been able to bestow in support OF a
line of governmental policy which believe to be for
the present and permanent good Of the country
And now, gentlemen proceed to answer your ques-
tons briefly indeed but fully, plainly, and with all pos
sble frankuess. And DO this the more willingly, be-
cause have received from individuals many letters too
many be separately answered and have seen IN many
public journals articles making urgent calls upon for
such a statement Of my views,
! l. Slayery-Its extension in the Territories.
On hi. subject in the States and in tue Territories
have no new Opinons-no opinions formed in relation TO
the present array Of parties coveal with the Mis-
souri, question Of lsl92O having begun my political
life in the midst OF that struggle At that time my po-
ston required To seek all the means OF knowedg
within my reach and to study The principles involved,
with all the powers OF my Nlllu hlllNtu at
cusons then which subsequent events have induced
me to change The existence OF negro slavery in our
country had its begr ming in the early time OF the Colo
MES and VAS imposed by the mother country against
the will of most of the colonists. At the time ol the
Revolution and long after it commonly regarded as
an evil temporary in its nature and likely to disappear
in the of time, yet while 1t continued mlsior-
| tune TO the country, socially aud politically.
Thus was taught by those who made our government,
and neither the light OF modern civllluon nor the
discovery OF new system OF constitutional law ana
social philosophy has enabled TO detect the error OF
| their teachings
Slavery lis A social reation-a domestic Institution
Within the States it exists by the local law, and the Fed
era Government has control over 1t there The Ter
rores whether acquired by conquest or peaceabe pur
chase are subject and subOrdmac not sovereign like
the States The nation il supreme over them, and the
national government has the power TO permit or forbid
slavery within them Entertaining these views am OPP
posed the extension of slavery and in my opinion the
spirit and policy of the government ought to be against
| its extension
2-Does the Constitution carry slavery into the Terri
tories
| answer no. The Constitution of the United Safes
does carry slavery into the Territories With much
show of reason may it be said that 1t carries slave
y into all the States But it does not carry slavery any
where 1t only upon it, where finds it established by
the local law.
In connection with this point asked to state my
views Of the Dred Scott case, and what really deter
mined by the Supreme Court in that case. IL is my
opinion carefully considered that the Court determined
one single point of law only, that is that Scott, the
plaintiff being negro of African descent mot necesSa-
rv save could not be citizen of Missouri and there
fore could not in the Federal Court and that for
this reason and this alone the Circuit Court had no u-
rsdction of the cause and no power TO give judgment
between the parties. The only jurisdiction which the
Supreme Court had Of the for the purpose OF
correcting the error Of the Circuit Court in assuming the
power 10 decide upon the merits of the This pow
or the Supreme Court did exercise by setting aside the
Judgment Of the Circuit Court upon the merits and by
dismssing the suit without any judgment for against
either party This is all that the Supreme Court did
and all that il had lawful power to do.
consider it a great public misfortune that several o
the learned Judges should have thought that their duty
resured them to discuss aud give opinions upon various
questions outside OF the case the actually
disnosed of by the Court All such opinions are extra
judicial and of no authority But besides this, 1t appears
10 me that several of the questions discussed by the
Judges are political questions and, therefore, beyond
The coguzance of the judiciary and proper only to bt
considered and disposed Of by the political departments
II am right in this and it seems plain the pre-
cedent is most unfortunate because it may lead to dan
| perous conflict of authority among the coordinate
| branches Of the government.
| q As TO the colonization Of the free blacks;
| For many years have been connected with the Anne
r;eau Colonization Society, of which the rising yoane
State of Liberia is the first fruit. consider the object
both humane and wise benehcent alike to the free blacks
who emigrate and TO the whites whom they leave be-
hind But Africa is distant, and presents so many ob
stacles 70 rapid settlement that cannot iBdulge the
hope of draining off in that direction, the growing mum