Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-03-26

the case. This power the supreme court did
exercise by setting aside the judgmentof the cir
cult court upon the merits and by dismissing the
suit without any Judgment for or against eth
er party. This is all that the supreme court
did, and all that it had lawful power to do.
consider it great public misfortune that sew
eral of the learned judges should have thought
that their duty required them to discuss and
give opinions upon various questions outside
of the case, as the case was actually disposed
of by the court. All such opinions are extra
judicial, and of no authority. But, besides
this, it appears TO me that several Of the ques,
tons so discussed by the judges are political
| questions, and therefore beyond the JurlsdIc-
ton of the judiciary, and proper only to be
considered and disposed of by the political de-
partments. II / am right in this-and 1t seems
to me plain-the precedent is most uniortu-
nate, because it may lead to dangerous con-
flict of authority among the coordinate
branches of the government.
THIRD-As TO THE COLONIZATION OF THE
FREE BLACKS.
! For many years have been connected with
| the American Colonization Society, OF winch
| the rising young state OF Liberia Is the nrst
fruit | consider the object both humane and
WISE benefcent alike to the free blacks who
emigrate and to the whites whom they leave
behind But Africa is distant, and presents so
many obstacles to rapid settlement, that we
cannot indulge the hope of drawing off in that
direction the growing numbers of our free
black population. The tropical regions of
America, think, offer far better prospect
both for us and for them.
FoURTH-As TO ANY INEQUALITY OF RIGHTS
AMONG AMERICAN CITIZENS.
/ recognize no distinctions among American
citizens but such as are expressly laid down
in the constitution, and hold that our gov
eminent is bound to protect all the citizens in
the enjoyment of all their rights everywhere,
and against all assailants ; and as to these
rights, there is no difference between citizens
born and citizens made such by law.
FIFTH-AM IN FAVOR OF THE CONSTRUCTION
OF RAILROAD FROM THE VALLEY OF THE
MISSISSIPPI TO THE PACIFIC OCEAN, UNDER
THE AUSPICES OF THE GENERAL GOVERN
MENT?
Yes, thoroughly. do not only believe such
road to be OF vast importance, as the means
of increasing the population, wealth, and pow
er of this great valley, but necessary as the
means Of national defence, and OF preserving
the integrity Of the Union.
sIXTH-AM I IN FAVOR OF THE MEASURE
CALLED THE HOMESTEAD BILL?
Yes. | am for guarding the public lands as
much as possible from the danger of becoming
the subject Of common trade and speculation;
for keeping them for the actual use of the peo-
pie, and for granting tracts of suitable size to
those who will actually inhabit and improve
them.
sEvENTH-AM I IN FAVOR OF THE IMMEDIATE
ADMISSION OF KANSAS UNDER THE VIVIAN
DoTTE CONSTITUTION
l think that Kansas ought to be admitted
without delay, leaving her, like all the other
states, the sole judge of her own constitution.
Thus, gentlemen, believe l have answered
all your inquiries in plain, ineligible man
ner, and l hope to your satisfaction. have
not attempted to support my answers by argu-
ment for that could not be done in a short let
ter and restraining myself from going into
general politics., have confined my remarks
to the particular subjects upon which you
requested me to write.
Your obliged fellow citizen,
EDWARD BATES.