The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-03-11
MIR. LINCOLN AND Mr.. WEBSTER ON THE
EUACTlONS OLE THE SuPREME CNLRI

lFRoN MR.. LINCoLN's INAUGURAL, March 1861
The candid citizen must confess that ifthe policy
OF the government upon the vital questions affect
ing the whole people is to be irrev0caby fixed 6y
the decisions Of the Supreme Court, the instant thew
are made in ordinary litigation Jegcen parties in
personal octtonS the people 'cjU hare ceased to be
their ocn masters, haring to that ertcnt practicalI
resigned their government into the hands of that cti-
HeHt tribunal"
LFROM SPEECH MADE BY MIR. LINCOLN IN ILLINOIS IN
1888, AND PUBLISHED THE NEW YORK TRIBUNE
.S ON THE l5FH OF JULY OF THE SAME YEAR.
''lf were in Congress and a vote sh0uId cam
up on question whether slavery should be proe
hiDlted IN new territory, an spite of that Dred
Scott decision, | acoaLd Uotc Mot il Should"
LsrEEcH OF DANIEL WEBSTER, IN THE HOUSE OF REPRE-
sENrATiVEs, JAM "A, 1926, OK THE BILL TO AMEND
THE JUDICIARY SYSTEM.
"l admit, that for some causes, the court as con-
stituted by the bill, will be inc0nvenienty larre
for such especially as require investigation into
matters of fact, such as those of equity and admi
rally, and perhaps for all private causes generally
But the great and leading character of the Supreme
Court, its most important duties, and its highest
functions, have not yet been alluded to- II is its
peculiar relation to this government and the State
gorernments II IS the po,ocr ,ghich 1t righuly holds
and ecerciSes Of revising the opinions of other tib
ndLs on constitutional questions, the great practi
cal crpounder Of the po,cer8 ofc government which
attaches to this tribunal the greatest attention
and makes 1t worthy of the most deliberate con-
slderatIon. Duties at once so important and so
v. e.
quire no common talent and weight of character
n very small court seems unfit for these high
functions. These duties, though essentially Judi
cial, partake something Of political character.
The judges are called on to sit in judgment on the
acts OF Independent States they control the will of
soyereigns; they are liable to be exposed therefore
to the resentment of wounded sovereign pride; and
from the rery nature Of om system, they are some
times called on, also to decide chcter Congress has
not exceeded its constitutional limits.
Sir, there exists thn rtb nd
never did exist, judicial tribune clothed with
powers so various and so important. | doubt the
safety OF rendering it small in number.
LsPEEcH OF DANIEL WEBSTER AT SAVANNAH, MAY &c,
lS47, IN REPLY TO COMPLIMENTARY ADDRESS,
at is true that, in the case of Gibbons Us. Ogden
| decline to argue the cause any other ground
than that OF the great commercial question pre-
sented by 1.-THE then novel question of the consti
tutional authority of Congress exclusively to regu-
late commerce in all its forms, all the nayigable
waters of the United States, their bays rivers and.
harbors, without any monopoly, restraint or inter
ference created by State Legislation
That question | regarded all important Other
grounds might have been sufficient for the disposal
of this particular cause, but they were of no public
or permanent Importance. If that great
point had then been waived evaded, it is not
easy now to see what nlerenccs unfayOrable to the
just authority of Congress might have been drawn.
But my agency in this and similar questions be-
fore the Supreme Court has been but subordinate;
the decision has rested with the Court itself. No
higher judicial tribunal exists than the Supreme
Court of the United States, distinguished alike for
the wisdom of its decisions, and the eminent quail
ties of the Judges who compose it, both in their
private and public capacities. IL Is the ecpo,mder
Of Fundamental principles Of government; 1t Is the
appointed umpire questions of hc profoundss IN
terest and most enduring consequences betoee conflict.
ing sovereiguties. The American people, ifhey are
gise, t0W cherish IL as their most raludble pos.
session. since its duration ,ojH be eriste ,ch that
Of the Constitution Of 7hch IS he sole Interpreter"
The BLENHEIM GALLERY ALL FoRGERIEs.-The
burning of the Titan Gallery at the Palace of
Blenheim last month, caused universal expression
of regret both in Europe and America. These
precious paintings were sent as present to the
great Duke of Marlborough, by the King of Sar-
dInia; they hung under the directions of Sir
Joshua Reynolds, in an apartment constructed ex-
pressly for them, and which was called the Titan
Gallery, and for more than a hundred years they
were among the artistic treasures which travellers
in England made it point to visit Could any one
suspect that these paintings, the gift of an Italian
monarch to the greatest Of English Generals
which were enshrined in palace and criticised By
the most renowned of cOnnoisseurs--were, after
all, mere commonplace productl0ns-not onl Y not
even copies of Titan, but at best, limitations of an
inferior artist who was not even a cotemp0rary of
the great Venitiau? Yet such appears to be the
case, and Mr. George Scharf, a distinguished au.
thority in art criticism, has published a letter,
since the destruction of the so-called Titan paint
ings, in which he proves, in the most satisfactory
manner, the worthless character of those much
lamented treasures. We may Judge from this how
little reliance is to be placed upon the originality
of the cold masters which find their way to this
country. If picture has any special excellence
it should be valued for its intrinsic qualities, with
out any regard to its being BY one Of the old mas
ters.
The PANIC AMONG THE Book PUBLlsHERs.-The
publishers and booksellers feel the tg htness of the
money market and the influence of the disturbed
state of public affairs very keenly. The issue of
new books is discontinued by most of them in an
unusual degree; some of the heaviest firms keep
back works that they have had ready for pubca-
tion for months past; others have discharged half
their employees; and the important house of Derby
& jackson discontinues business altogether. Ihose
who fancy there is no panic would do well to iooh
in at the large shop occupied by this hrm, ana see
the costly works in superb binding, the classics Oh
English literature, and many OF the most success
full productions of recent American autnors,w ,whlch
are there being sold at less than haIi the usual
rates. People who appreciate BOOKS ana know
their real value, cannot but ieel SAD 10 see such
fine editions offered at prices that are simply ridi
cuIous. At the end of the present month the sale
will be formally closed, and the pleasant lOunging
place for literary men, where so much news of au-
thors and their works could be obtained, will be
given over to other purpeses.-N. Y. Express.
The brother of Lieutenant Slemmer prenounces
the late letter purporting to be written by the
Lieutenant to be forgery, as he had received no
such epistle from him.