The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-15

chamber. we near " PROGRAMMED here every day. We
hear proclaimed daily in the other branch Of Congress
We hear from State Legislatures from the pulpit and the
press, and from the popular assemblies throughout the
length and breadth Of this broad land" He goes fur
ther, says, We virtually civil war, and these
the OF It. II Is known and felt on this ioor
epsmss Or INV eonn.sy hDo~ they and their asso-
GATES have used the power which has been placed IN he
HANDS by many Of the States 10 assai and destroy the
institutions OF these confederate States know that IN
der color Of the liberty OF speech, even In these
balls Gay by day. and year after year. they have thun
defed their denunciatons against slavery and sAyshod
ers agans. conederates and their institutions and thus
geek TO apply the torch to our homesteads and TO DESC
late our land with servle and inernecine war" Again.
he says:"These public enemies are aboitionists, who
have formed coalition with all stray deserters OF all
former political parties and the better TO conceal their real
have assumed the name Of the republican party
This coalition has but one living, anmstng principle or
bond of union and that hatred Of the people and ns
utions of the savehoding States Of this Union This
liked and determined purpose in spite Of the constitution
IN spite Of solemn engagements to obey and maintain IT,
and IN spite Of all the Obligations which rest every
member OF every civilized State 10 limit 10 restrain and
bnay TO suhvert the institutions Of fifteen States Of the
snSn" The Senator seemed aware that ihis was pretty
hish ground for he says-"sr, know these are
strong charges. have not made them lightly.
speak in sorrow, not in anger. make them with PAIN
sd mot pleasure, = feel duty owe 70 my country to my
may know and perchanoe avoid the public calamity"
ie then makes the following charges ''I charge, hrst
fundamental principle Of the constitution of the United
States In many Of the States Of this Union, and has
@ 2 ss
pie Of Se sASshoaSs sse. q ssss me sqssi Rss
riories Of tho United states, as sxpounded
by the Supreme Court and Of seeking 10 get the control
h resu nv e 1 oye9ro1 ye9 o ts
judiciary Thirdly, charge that the large numbers Of
persons belonging 70 this Organization daily commit
federated satss which BY he laws Of nations are good
and sufficient causes Of war even among Independent
by them have repeatedly committed similar acts" This
last charge was rather indefinite and probably
tended 70 be 80 Before the tribunal 70 which the sena
Of which ] acknowledge, contend that o full,
perfect and sufncient answer 70 every charge he
has made and TO all causes which lead into civil war
s to be found IN the speech Of the Senator himself Mr.
Hale then read the passage from Mr. Toombs' speech in
and population of the southern states their services in
the war Of the Revolution and the spirit which anmates
them at the present time In regard 10 their constitutional
finest country earth and the best government How
was In relation 10 the great matter Of complaint The
Slave law had been maintained 20 far as he knew,
BY every federal court Of the Union, aud every
State court except Wisconsin. He had said that
that lived, and that the general government
had been faithful to It's constitutional obligations
ara Hsa wan ae ony wrss
New Hampshire, and New Hampshire had not escaped
censure He read the laws Of New HAmpshire 70 show
labor when they were reclaimed by officer Of the
United States other person. In the execution Of legal
process They had but small body OF colored men In
bis STATE 10 far as he knew there was no distinct,on
regard 10 their and political except in that
they were mot enrolled In the militia, and he hoped they
always would have the rights The attention OF hs
State had been turned 10 the unprotected state Of the
colored population before the decision Of the Supreme
Court IN the Dred Scott case, 1887 by case Of kid
mapping, and then these laws made for their benefit
At that tune produced great deal Of excitement but
was only against the who had done it. He believed
IN hau had
and reason TO cbsge Kidnapping upon the slave States
Of The Union the slave States have charge the raid Of
any man in Virginia knew or IT, nor did any man
m New Hampshire know Of the intentions OF John
srSrn m Virginia; and further than that. they
the doctrines the South teaches But they did no such
thing They did not believe them, did they believe
who had been tried. In the Of his argument he
said tie Supreme Court in s decision in the Dred Scott
case had affirmed that the negro has no rights which the
white man Ia bound to respect
Mr. BENJAMIN, (dcm Of IA said that the Chief Justice
had oDy referred 70 the condition Of the prior 10
the war OF the Revolution. r.I
Mr. HAIR ead the statement of that condition was the
basis upon which the Dred Scott decision was made.
But sir win proceed am willing TO leave that to any
tribunal and leave that part the speech of the sens
tor from Georgia which relates 10 the action Of my
where where ! put T. ! now proceed 70 another objection,
solemn appeal to abide by and obey
the construction OF the constitution which they give be-
cause soemnly decided to be law by the supreme
Court Of the United States, and State Of Wisconsin
denounced for having decided send Senators hero
after the Supreme Court of that State decided the
Fugitive slave law 10 be unconstimti )na Now cir,
desire to meet that question right here. distinctly,
equivocally and plainly sir. l heard this appeal
made over and again. think by nearly every gem
teman who addressed the Senate from that side OF the
chamber, and by nobody with more emphasis than the
Senator from Georgia; and the State OF Wisconsin is
guilty In sending Senators here after deciding statute
% be unconst.utionsl, win appeal to the honorable
Senator himself, waving the enlightened sentiment Of
mankind and taking his opinion upon what he thinks Of
the STATE Of Georgia after reading the record propose to
read reference the Supreme Court of
the United states-when read that history will only
cay, that white will listen with ell patience to any
who lectures reference TO the Supreme Court will
ask the man who undertakes 1t II he has read the
solemn judicial decision of his State, in which,
late as 1854, the Supreme Court Of Georgia boassed
that they had treated he Supreme Court Of the United
States With profound contempt Sir this doctrine about
the nislbily Of the Supreme Court h new tune from
that side Of The House. Is a very good doctrine
to the Supreme Court Of the United States9 will
state briefly, and then give the proof From the time
the Supreme Court struck their ag there was an OPEN
undeguieed hostility the part Of the democratic party
against the Supreme Court Of the United States promaI
and over again BY Jefferson made the basis Of
action by jackson ana proclaimed on the door OF the
cided that the Bank Of de United states was consu-
donal and believe that The very next time that that
ss @ sy
their platform that Congress- had not tho power to charter
o bank notwithstanding the Supreme Court 30 decided;
chow their pertinacy, they kept that In year
after the United States Bank dead and buried and
memory rotten. Still the democratic party could
hold q convention, even less the Cincinnati Con.
venton, In 1866, without resolution against banks
and the power Of Congress 10 charter them. That
about all the democracy did Down East for long time
you appealed 70 them, they could not listen until they
bad gone ana fred yoey over the dead Of the
United States Bank. Mr. Hale then read from be
Of Jefferson jackson and Buchanan, substantatng bis
position. He iale) knew something of the history Of
the United States Court and Of parties with reference TO
H. he knew TINS war, commenced Dy Jefferson,
and continued by Jackson, was carried on until tue
democratic party beat the Court and then, when they
got such decisions party policy demanded, this
party fighting this life long battle, became great sckers
for the binding effect Of the decisions OF the Supreme
Court | know how the court has been filed up, and l
only apIa TO the candid judgment Of my country when
cay tA the men appointed for the Inst thirty years
have been appointed more account Of their politics
than judicial learning and legal reputation. AS general
rule is politicians Of the trade Of lawyerswho h up
that bench ihose are appointed who possess some
Of legal repuaon but not enough 70 keep the whole
country from crying out against the absurdty