The national era. [volume], March 15, 1860, Page 44, Image 4

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United States, required him to do.- Hau ne failed
to do ao, be would hare subjected himself to the
severe penalty of $1,250; that being, so far as I
know, the only judicial act whereby a judge of
the highest court of n Su.te may subject himse ;
to a penalty?:Le denial of the writ of Aalec*
Feotpue. The prisoner was brought, and a heating
was had before Judge Smith. The case wi-s
felly considered, and Booth was discharged from
imprisonment, upon four grounds: first, because
the warrant on its face did not sufficiently
state any offence under the act itself; second',
because the met itself was repugnant to the Cons
sti'.ution of the United States, in clothing mere
commissioners with judicial powers ; third, because
the set was reouznant to the Constitution
of the United States, in denying a jury trial to a
person claiming to be a free inhabitant of Wisconsin
; and fourth, because the Constitution of
the United States gives Congress no power to
iegislate upon that subject The marshal carried
this decision up to the Supreme Court of
Wisconsin by certiorari, and it was sustained
' unanimously in full beucb, Chief Justice Whitou
delivering the opinion of the court, concurring
ia the first three grounds taken by Justice Smith
upon the bearing, but expressing do opinion a3
to the fourth; Justice Crawford concurring only
in the first, and dissenting upon the grounds
which involved the constitutionality of the act.
In January following, Booth and Rycraft wenindicted
for the same alleged offence in the Uni'
ted States District Court. Booth was arrested
upon the warrant of the judge, and taken into
custody. He again applied to the State Supreme
Court to issuer writ of habcat corpus, which was
unanimously refused by the Supreme Court,
' upon the ground of judicial comity, tho court
holding that?
"The courts of the United States are pre'
sumed to be competent to bear aud determine
4 upon the matter of their own jurisdiction, and
' although other courts are not, in all cases,
' bound by such decision, yet no court is author"
ized to take the mutter out of anolhex, whose
^ 'process has fiqp attacked, and assume the
' right of adjudication betore the former has had
' an opportunity to determine the matter for it*
self.''?3 Wucontin Jieporls, 145.
Ho went back into the custody of the District
\ Court. Afterwards. Booth and Kycraft were tried
in tbu United States District Court, convicted,
ami sentenced to fine and imprisonment. As i
hare said, the law, as it now stands, practically
gives no appeal whatever, in a criminal case,
from oor United Slates District Court. After
sentence and imprisonment, application was
made by them to the Supreme Court of Wisconsin
for a writ of halta* coryut. It was allowed ;
and the case was besrd in full bench before the
same judges, and the prisoners discharged out of
custody. Judge Crawford, while disseuting from
V the other two judges on the constitutionality of
# the fugitive slave law itself, agreed fully with
* them as to the power and duty of the State court
to inquire into the legality or illegality of their
imprisonment To do him no injustice, I will
read some extracts from his opinion :
44 The simple question which attracts mvatten4
tion in this case is, whether the District Court of
' the United States for this district bad jurisdic
tion of the offence of which this petitioner was
' convicted in that court; because, if it had such
jurisdiction, it matters not how illegal, unjust,
' or arbitrary, the proceedings in that court may
have been, nor how many errors may have been
committed upon the trial j if the court had ju4
risdicuon of the subject, and of the person
charged, it is by no means my duty as a judicial
officer of this State to revise the decision or
4 correct the errors of that court in a case prop4
erly within its cognizance. That is the function
4 of a superior Federal tribunal, if euch revising
power were provided or given or deemed neces- ]
k ^ sary by congress.
44 The District Court of the United States for
' this district is a court of special or limited ju4
riedictioD. It can take cognizance of offences
* punishable by the laws of the United States,
' and of such offences it has exclusive jurisdic4
tion; but it possesses no power to take cogui'
stance of or punish offences against the laws of
4 the State. Of these latter, the State tribunals
' hare a jurisdiction equally as exclusive as is
4 the jurisdiction of the Federal courts OTer of4
fences provided for by the laws of Congress. It
' cannot be necessary to refer to authorities to
' sustain this position. It i9 a well-settled prin*
ciple, that courts of inferior or limited jurisdi :'
tion, which do not proceed according to the
4 course of the common law, but derive their spe4
cial authority from statutory provisious, are con4
fined strictly to the extrcise of those powers
4 conferred upon them, and the facts necessary
4 to give them jurisdiction must appear attirma4
tively on the face of their proceedings, and can'
not be presumed." * * *
44 Suppose, for instance, that s Judgment rec4
or^comb g from a court ot general jure diction,
?should disclose the fact, that without affording
4 the defenti.""-nt tu opportunity to make a defence,
k 4 and without in manner citing him to ap.
4 pear, either by Service of mctne process or otb4
erwi3e, the court had proceeded rxj>arie, and ren4
dered a judgment against the defendant, surely
4 we should be justified in treating the proceed*
ing as coram non judice.
44 Now, the return made by the sheriff of Mil|
4 waukee county in this case contains a record
4 of the proceedings in the District Court, in
* which this relator was convicted and sentenced, 1
4 which not only takes away mere presumption, 1
4 but iucontestahly show s that the District Court
* had no jurisdiction of the subject complained !
* of in the counts of the indictment upon which '
4 he was convicted; ana, 11 tms position ne irue,
4 we may appropriately use the language of
4 Judge Evans in the case of Ilill vs. Robertson,
4(1 Strobhart's Law Reports, 1.) It would be a
4 waste of words to attempt to prove that the
4 proceedings of a court of limited jurisdiction,
4 in a case clearly without its jurisdiction, are
4 absolutely void, and may be so declared, when
ever the question is presented, whether directly
L 4 or collaterally."?Wisconsin Reports, volume 2,
'page 181.
I Chief Justice Whiton concurred in these views
as expressed by.Fm lice Crawford, and be. also,
' in that case, reaiiirmed the views which he had
declared in the cose when it first came before the j
court:
44 It is not my intention on the present occai*
sion,' be eays, "to say anything on that sub4
ject, tha constitutionality of the fugitive slave
4 lawas my views in regard to it are unchanged,
I 4 a further discussion of the questions growing
? 4 out of the act, by me, is wholly unnecessary."
After stating that he concurred fully with Justioe
Crawford in the viswa expressed by him in
the extract which 1 haf read from his opinion,
X '^the learned chief justice continues;
, 44 If the conclusion arrived at bj Justice rYaw'
ford, that that court had no jurisdiction to pro4
nounce a judgment, is correct^ in other wdrds,
4 if the pretended conviction of the petVloners, j
and the judgment* against them, are mere nul
litiee, it seems clear that they ought to be dis^
* charged, if this court has the power to dis
charge them."
" It will not be denied that the Supreme Court
of a State, in which ia vested, by the Constitution
r 4 of the State, the power to issue writs of half at
corpus, and to decide the questions which they
L 1 4 present, has the power to release a citizen of
F the State from illegal imprisonment. Without
this power, the State would be stripped of one
of the most essential attributes of sovereignty,
and would present the spectacle of a State
claiming the allegiance of its citizens, without
the power to protect them iu the enjoyment of
their personal liberty upon its own soil. Were
V * we to he told that we are without this power
in a case like the present, we auouM be obliged
h to hold in a case where not even th? forms
\ 'of law were obserred; when, for instance, a
'citizen of this State should be tLrown into
\ 1 prison, by the arbitrary order of a judge of a
4 court of the United Stales, without a trial.
44 In my opinion, the Stale Governments and
State courts are not rediu-ed to this humiliating
4 condition. They are not obliged to look ou
4 and see the citizens of this State imprisoned for
4 no lawful cause, without the power to grant
that relief which all Governments owe to those
from whom they claim obedience. The peti
tioners must be discharged."
.Again, be aays:
*4 The Supreme Court of a State, which has
1 power to issue the writ of habeas corpus, and to
4 decide the qtmtljons which the writ presents,
4 has the power to disrl;.arge a citizen of a State
from illegal imprisonment "'
an imprisonment under a is.tr of Congress
which the Constitution forbids is tc Illegal imprisonment,
for there is no law authorising it<
44 This immuaitvof the judgments of the courts
* 4 of the United SUipg, in criminal cases, from
' examination by other tribunals, is not claimed
tor their judgments in aivil eases. If an action
4 if brought iu a State court upon a judgment
' ? recovered in a court of the United States, or if
4 such a judgment is drawn collaterally in ques4
tion en the fri&l of a suit in a State court, the
4 State court h&s jhe power, and it becomes its
4 duty, to decide what effect shall be given to it.
4 The State court does np.% of course, possess the
4 power to reverse the judg1Br;>t, but it does pos4
seas the power to decide what effect it stiu.ll
F 4 bare wpon the cose pending before it/'
Ha - * Sir, it does not possess the power to r?*Wfe a
judgment; but It has the power to say that if a
I court undertakes to give a judgment in a case of
which it has no jurisdiction, there is no judg
\ snent; it if coram non judice, and absolutely void:
I \| | 44 Baring jurisdiction [says Chief J ustice Whi
' ton] to try that suit, it has the power to decide
1 every question which the suit involves. This
' power of courts, whether State or Federal, to
' decide what effect shall be given to the judg
ments of other courts, when drawn in question
' in cases which are on trial before them, I have
' never heard questioned. That they hare the
' power, is too plain for argument."?3 Witcon'
tin, 175-7.
He also reaffirmed the views which be ex
pressea voen me case was nrn oeiore u? courx
in relation to the constitutionality of the fugitive
glare law of 1850. I will read an extract from
his opinion in that case:
"We are of opinion that so much of the act
of Congress in question as refers to the commissioners
for decission the questions of fact
which are to be established by evidence before
the alleged fugitive can be delivered up to the
claimant, is repugnant to the Constitution of
the United States, und therefore void for two
reasons: first, because it attempts to confer npon
those oflicers judicial powers; and second, because
it is a denial of the right of the alleged
fugitive to have those questions tried and decided
by a jury, which we think is given him
by the Constitution of (he United States." *
* * "Tin fifth article of amendments to
the Constitution of the United States provides,
among other things, that 'no person shall be
deprived of life, liberty, or property, without
due process of law.' " * * *
"We are aware that it has been said that
slaves are not persous in the sense in which
that term is used in the amendment to the
Constitution above referred to. But this, admitting
it to be true, does not affect the question
under consideration, a3 person* who are jrte
are liable to be arrested and deprived of their liberty
by virtue of this act, without having had a trial
by a jury of their peers. Wc do not propose to
discuss the question, whether a slave, escaping
from the State where he is held to service or
labor into a State where slavery does not exist,
thereby becomes free by virtue of the local law,
subject only to be deli vert d up to be returned
again to servitude, as it is a question not necessarily
involved in the consideration of the
subject before us. But we propose to examine
the operation of the act upon a free citizen of a
free State, and to show that by it such a person
may be deprived of bis liberty without 'due
process of law.' "
After pointing out, m a clear and forcible
manner, the mode of operation under the act by
which a free person in Wisconsin may, without
hearing or trial, be adjudged in another State to
be a slave, be continues:
"We are at a loss to perceive how this pro1
ceediug, by virtue of which a freeman becomes
' a slave, can be justly called 'due process of
' law,' in the sense in which that language is
' used in the Constitution."?3 Wisconsin 6ti, C8.
Question the soundness of these opinions of
that able and upright judge if yon will; coufate
Ibem if you can; but where, 1 ask. is there any
evidence of bad faith, of corruption in office,
of official "perjury," of raising "blood-stained
hands over a violated Constitution?" That
Senator owes it to himself, to this Senate, to the
State of Wisconsin, and to the sacred memory of
the dead, to take back every word that he has
uttered on this floor, calculated to impugn, in
the least degree, the integrity, the unimpeachable
integrity, of that distinguished judge who
pronounced the decision of which he complains.
Justice Smith concurred with Crawford and |
Wbiton, and went still further, and, in one of
the Ablest judicial opinions I have ever read, !
iiscussed the whole subject of the relations of!
the States to the Federal Government; entered ;
into that great battle of the giants?that everrecurriDg
struggle between those opposing and
snduiing forces in our system of Government,
Federalism on the one hand and Republicanism
an the other. Sir, so far from any attempt, on
his part, to trample under his feet the Constitution
of the United States, he declares that?
"The Constitution of the United States is the
: fundamental law of the land."?3 Wisconsin, 13.
He kuows no higher law. lie does not believe
that a law of Congress, in violation of the Constitution,
can confer jurisdiction upon any court
ot the United States, and especially upon a District
Court of the United States, one of mere limited
and special jurisdiction. But again, he says :
"I recognise most fully the right of every citi1
zen to try every enactment of the Legislature, j
1 every decree or judgment of a court, and every |
1 proceeding of the executive or ministerial de- |
1 partment, by the written fundamental law of
the land. This must be done in a proper and
legal mauner, in conformity with the rules prescribed
by that same law, or in accordance with
its provisions; but no law is so sacred, no offi- 1
cer so high, no power so vast, that the rule and
line of the Constitution may not bo applied to
them."
And again, in speaking of tho responsibility
which rests upon him as a judge of the Supreme
Court of a State, sworn to support both the Conititution
of the United States and the Constitution
of Wisconsin, he uses this language :
" I would gladly escape the responsibility of
' deciding upon a question so grave. It would
1 be a much more easy and quiet course to stop (
' here, if I could reconcile such a course with my
' sense of duty." * * * " But he who takes
' a solemn oath to support the Constitution of
' the United States as well as of the State of I
1 Wisconsin, is bound by a double tie to the na- '
1 tion and his State. Our system of government
1 is twofold, and so is our allegiance. Federal !
' officers feel less of this, because their oath
1 binds them only to the Constitution of tho
'United Slates; but Stat# officers have the
' weight of both resting upon them. To the lat'
ter is peculiarly the duty assigned, or rather |
' upon the latter, of necessity, does the obliga
4 turn rest, of ascertaining clearly, and of assert- !
4 ing firmly, the peculiar powers of both Gov'
ernments, as cftcumscribed by (he fundamental
' law of each. To yield a cheerful acquiescence
1 in, and support to, every power constitutionally
4 exercised by the Federal Government, is the
4 sworn duty of every State officer; but it is j
' equally his duty to interpose a resistance, to
' the extent of bis power, to every assumption of j
' power, on the part of the General Government,
4 which is not expressly granted, or necessarily
implied, in the Federal Constitution/'?3 W'*4
conun, 23.
So far from Justice Smith, who went beyond
the other two justices of the Supreme Court of
Wisconsin, ever declaring that the State court
of Wisconsin was prepared to treat the decision
of the Supreme Court of the United States, as
the Court of Georgia declared that they had
done, with *' contempt the most profound," he
uses altogether different language when speaking
of the decisions of that Federal tribunal:
" I am willing that the decisions of the 8u4
preme Court of the United States, in every case
1 determined by them, within the scope of their
' Jurisdiction, should be regarded as full and
1 binding autiiorjty. as the law of the particular
case sd determined, ftiit when it is strenuous4
ly contended I am corapt>ii?4 t.Q gdopt their
4 interpretation of the Constitution aud iawj fif
4 the United States and of their own powers and
4 the powers of Congress, without thought or in4
quiry?to take 4tchat it written if xcritten' as the
4 end of the law, simply because it if written,
4 that my own conscience and oath must i>?
4 tamely subjected to the prescriptions of another
4 tribunal, governed by the same laws and bound
i 1 .u. At *i.? u:.u I
- uy lur sauic uaiu } uuvn uLieiniiuiug hoc
4 respect, approaching even to veneration, which
4 I have for that high tribunal, I must be per'
mitted to say that no man or body of men is
4 made by the Constitution the keeper of my con4
science; nor does it impose upon any man or
4 body of men the fulfilment of my official oath
' and obligations, or the power of releasing me
' therefrom."
Mr. President, I shall trespass on the patience
of the Senate but a short time longer in reading
extracts rro?. these opinions ; but I desire to call
their special attention the language of Justice
Smith, which I now read:
" The power to guard and protect th? liberty
4 of the individual citizen is inherent in every
4 Government?which it cannot relinquish ;
4 which was reserved to fbe States; which was
4 never granted to the Federal Government; has
4 nerer been claimed by it or for it.; but b$8
4 always b&en conceded to the States, without
4 which they could not exist, because it is obvi4
ous -bat they could claim on allegiance or sup4
port from their citizens, whom they had cot the
4 power to protect,
44 If, therefore, it is the duty of the State to
4 guard and protect the liberty of its citizens, it
4 must necessarily have the right and power to
4 inq^'re into any authority by which that liberty
4 is attempted to be taken away. But the power
4 to inquire included <he power to decide. The
4 rigiitof thp sovereign todem^idby wbatauthor4
ity such impiiawmuent is atterapteu, implies the
4 obligation and duty or tho person imprisoned
4 to respond ; the right to demand such authority
4 on tbe one hand, implies on the other the duty
4 to exhibit it.
41 The jftates and people thereof have delega4
ted to the Federal Government the power to
4 imprison tbe citizen in certain cases, but in
4 none other. So far, then, as that Goyernmeut
4 acts upon the power thus delegated, the States
4 cannot interfere to protect the citizen; but in
4 every other case they not only have the power,
4 but it is their solemn dnty, to interpose their
4 guthority. As the power by which the Federal
4 Government can imprison is a delegated power,
4 it must necessarily appear, in every case where
4 it imprisons, that i* is &cting in conformity with
4 some power delegated, f.t must bo 4 nominated
PBHHHHHHHH
THE NA'
4 in the bond.' Its jurisdiction is never pre'
burued, but must always affirmatively appear."?
3 Wtscontin, 193, 194. '
Having read a brief extract from bis opinion,
bearing on the qoestion of the power and duty
of the 8tate court to inquire into the causes of
imprisonment, I shall now read one or two extracts
on the subject of the constitutionality of
tbe law of Congress, under the claase of the
Constitution in relation to the rendition of fugitives
from service or labor. That clause is as
follows:
" No person held to service or labor in one
( State, undtr the laws thereof, escaping into
' another, shall, in consequence of any law or
' regulation therein, be discharged from snch
' service or labor, bnt shall be delivered up ou
' claim of tbe party to whom such service or
( labor may be due."
Speaking of this clause, the learned judge
said:
II I. I A?lk.1 Ik. Ot.l.. .... nn Ian,
It is nuuiitiru iuav vuc j'aoo uv ??"
' or regulation by which the fugitive from ser4
vice or labor may be discharged therefrom. It
4 is further admitted, that a duty is enjoined
4 upon the States to deliver him up, on claim of
' the person to whom such service or labor is
' due. This covenant or compact has the force
4 of constitutional law; and no State law repug4
naut to its provisions can be valid, but every
4 ench law is void." * * *
44 Let it be taken for granted that this clause
4 was intended to refer ezclnsively to fugitive
4 slaves, of which, I think, the history of its
4 adoption into the Constitution leaves no doubt;
4 the ques' ion at once arise*, bow far, and in
4 what particulars, does it affect the persons al1
laded to in it? 1. It contemplates the fact that
4 certain persons were, or might be, held to ser4
vice or labor in one or more StatM, under the
4 laws thereof. 2. That it was by the laws of
4 such Slate or States alone, under which such
4 persons could be held to service or labor. 3.
4 That the laws or regulations of the respective
4 States under which such persons might be held
4 to service or labor, or discharged therefrom,
4 might be different. 4. That such persons might
4 escape from one State, in which they were held
4 to labor under the laws thereof, into another
4 State, in which such persons were held to labor
4 under different laws, or in which they were, by
4 the laws of the State, discharged froqj service
4 or labor. 5. That the service or labor here
4 spoken of is of a kind which is exacted of such
4 persons by law, and not of a kind stipulated for
4 by contract, and hence is in restraint of, and
4 derogatory to, human liberty. 6. That such
4 persons, escaping from one State into another,
4 should not be discharged by the laws of the
4 State to which they may have fled; but that
4 the condition of the fugitive should remain the
4 same iu the State from which be had fled, in
4 case the person to whom he owed the service
4 should choose to claim him and convey him
4 thither. 7. That in the event of a claim by the
4 person to whom the fugitive owed the service
4 under the laws of the State from which he fled,
4 being made, he should be delivered up on es4
tablishing the fact that the labor or set-vice of
4 the fugitive was due to such claimant.
44 From this analysis of the clause of the 'Fed4
eral Constitution above quoted, it will be seen
4 that the tlaitu of the fugitive is essentially dif4
ferent in this State from his ttottu or condition
4 in the State from whence be fled. In the lat*
4 ter, he remained subject to all the disabilities
4 of bis class, though he may have escaped from
4 the domicil or premises of his master. Here,
4 he is entitled to the full and complete protec4
tion oi our laws, as much so as any other hu4
man being, so long as be is unclaimed. He may
4 sue and be sued ; he may acquire and hold
4 property; he is, to all intents and purposes, a
4 free man, until a lawful claim is made for him ;
4 and this claim must be made by the person to
4 whom his service or labor is due, under tbe
* laws of the State from which he escaped. No
4 one else can interfere with him. <If no claim is
4 set up to his service or labor by thp person to
4 whom his service or labor is due, there is no
4 power, or authority, or person, on earth, that
4 can derive any advantage from his former con4
dition, or assert it to bis prejudice. So long
4 as the owner does qot choose to assert hiB claim,
4 the cottage of the fugitive in Wisconsin is as
4 much his ca9tle?his property, liberty, and per'
son are as much the subject of legal protection,
4 as those of any other person. Our legal tribu4
nals are as open to his complaint or appeal as
4 to that of any other man. He mau never be
4 claimed ; and, if not, he would remain forever
4 free, and transmit freedom to his posterity born
' on our soil."?3 Wisconsin, 16,17.
One more extract on this clause of the Constitution
:
44 Its fair scope and true intent do not require
4 of the free States any recognition of the owner
4 of the fugitive in liim as property. That was
4 never required of them, and woiU4*bave been
4 scouted had it been proposed. The clause sim'
ply requires that the States into which the fu4
gitive shall escape shall not discharge him from
4 service, but deliver him up. He is recognised
4 simply as a person owing service, not as a chat1
tel, or as any species of property to be sold or
4 bartered. In Virginia, he may be, indeed, a
4 chattel; but in Wisconsin he is a man. The
4 law? of Virginia make him a chattel there; but
4 the Constitution of the United States and the
4 laws of Wisconsin regard him as a per ton here.
4 Under the Constitution, the fugitive leaves the
4 attribute of the chattel behind him in the State
4 from which he flees, and goes forth at a person.
4 The law which makes him property in Virginia
4 does not go with him beyond the limits of that
4 State. On his escape from such limits, he
4 ceases to be property, but is a perton liable to
4 be reclaimed. The person may escape, but the
4 property cannot. The States are no more bound
4 to recognise the fugitive slave as property, than
4 a fugitive apprentice as property. The relation
4 of master and servant is recognised so far, and
4 so far only, as the obligation of service is im4
plied from such relation."
1 will suppose this case: by the common law
of all the States, a child is subject to its parents
until it arrives to the age of twenty-one years.
Suppose some one of the States should pass a
law by which, at the age of fifteen, every child
should be emancipated from its parents; and
that a child over the age of fifteen, and under
the age of twenty-one, shonld escape from one of
the other States into the State where such a law
had been enacted, would the parent claim that
child as property, or would he claim it simply be
cause, from the relation be bears to the cbild, be
bag a right to tbe custody of its person, and to
its services, until it is twenty-one years of age ?
But, to continue:
" Tbe relation of master and servant is recog4
nised so far, and so far only, as tbe obligation
4 of service is implied from such relation. Even
* such obligation is not recognised as full, com'
plete, present, and operative, but as attaching to
' that relation in another State. So much of the
4 law of the State from which be fled as required
4 of him service to his master there is to be regard4
ed, and from that obligation of service, imposed
4 by that law, the State may not discharge him.
* flit- i&?' of Virginia, which requires of the slave
4 service to his is recognised as the law
4 there, not here. We may not discharge a fugitive
I 4 from service which, by law, he owes in Virginia.
4 put by that law he owes no service here. The
4 master may capture him in Wisconsin. We
4 must deliver hit* up to his master on the es4
tablishment of bis claim ; but h js master has no
4 right to command his service in Wisconsin, He
I t must ppt beat him. He may take him back to
4 Virginia; but be cannot command his service
4 here. When he gets to Virginia, be will owe
4 service by the law of that State, but nptfill then.
[ * Hy fhe law of that State, he owes the service,
' and by that lnw only. That is the law of Vir>
' ginia, but not the lagr qf Wisconsin. If tbe
j 4 master demand service here of bis fugitive, and
' beat him for disobedience, he is punishable by
4 our laws. Nor could tbe master, having cap4
tured the fugitive in this State, sell or hire him
4 to another. He has just the control over him
1 requisite to his extradition, and no more. He
; ^ar relinquish that right, and so emancipate
4 him; toe ?y?.b relinquishment would operate
4 emancipation j but Um C?.pnot sell and transfer
4 bis right of extradition to ahotnur,?
Mr. President, I dare not trespass longer on <
th? patience of the Senate by reading extracts j
from the opwhipg of these judges. I would gladly
read them all. I could aot, in justice to them,
after what has transpired here,'have re^4 1*88.
I commend them to the consideration of the I
Seuete t p4 tbe country as the opinions of able
judges, of .earnest ?u^4 t|)j?cghtful men, grappling
with the gravest questions underlying oar whole
system of governmentFor
mywlf, it *? due in candor for me to say
that, bad I bean conanlfod *8 a lawyer, ^hd as)ted
my opinion upon the question of foe power of
Congress to legislate on the subject of toe rendition
of fugitives from service, upon the weight
of ju<Hc?*l authority, m it stood before this case
arose in Wisconsin, ! ebould have said, undoubtedly,
that the courts had pronounced in favor of
that authority; b^t S'"pce that question arose in
the State of Wisconsin, aji? kap been so thoroughly
discussed, and since my earnest attention
Hq3 been drawn to the question, it is eqttaily doe I
fo candor for jn? to say that X folly agree with
Judge Smith fo foe analysis and construction j
which he has given of the* ,da?e? &+ Constitution
of foe United &taUi,aa the ablest and the
best thai I *ver **a- Mr. JPTebster himself,
although ioaHnfog to Federal views, and
ready to acquiesce in the opining pf foe Supreme
1 Court of the United States on that sijbjedt, ?J&1
declared in his speech on the 1 th of March, i860 >
nONAL ERA: WASHI
41I have always thought that the Constitution
4 addressed itself to the Legislatures of the States
4 themselves, or to the States themselves. It says,
4 that then* persons escaping to other States
4 shall be delivered up, and I confess I hare al1
ways been of the opinion that it was an injunc4
tion upon the States themselves. When it it
4 said that a person escaping into another State,
4 and becoming, therefore, within the jurisdic4
tion of that State, shall be delivered np, it
4 seems to ass the import of the passage is, that
4 the State itself, in obedience to the Constitu4
tion, shall sanss bias to be delivered np. That
?4 is my judgment, 1 have always entertained
4 that opinion, and I entertain it now."?Congressional
Globe, voL 21, port fint, first session,
Thirty-first Congress, page -181.
I am informed that Judge Butler, of South
Carolina, and, I believe, Mr. Calhoun, also, were
of the same opinion upon this clause in the Constitution,
as an original question. It seems to
me that such must be the fair construction given
to it by every mind brought up in -the sturdy
school of old Republicanism. The qncstion is,
indeed, a grave one, and not without its difficulties.
The weight of judicial authority, I confess,
is on one side; bnt the weight of reason is
upon the other. The Supreme Court of Wisconsin
deemed it their dsty to yield to the latter,
and to construe the Constitution, under the rule
of General Jackson, as they understood it, and
not as U was understood by others. While the
Supreme Courts in other States, and lately in the
State of Ohio, I believe, have held otherwise,
ana nave yieiuea to tee weignt 01 juaiciai authority,
a large majority of the Republicans
of Wisconsin maintain the views expressed by
their Supreme Court. It is equally true, at the
same time, that there are some, able aud honest
as any, who dissent. It is not made, in the
State of Wisconsin, a strict party question. It
is at the same time true, that very many of the
Democratic party of that State still hold on to
the doctrines which they were taught in the
school of Jeffersou and Jackson, that it is the
right and the sworn duty of every court and
every tribunal to construe the Constitution, upon
their official oaths, as they understand it, and
not as it is understood by others ; and who still
cherish the old Republican doctrine of State
rights. I, therefore, do not stand here to-day
as the representative of the Republican party
throughout the country on this question. I
know that great men, and good men, differ upon
this question ; bnt I stand here to speak for
myself, and to let the judges of the Supreme
Court of Wisconsin be heard on this question
here, where they have beeD assailed as no court
or tribunal has ever been assailed on this floor.
Mr. President, as to that other and still graver
question, whether the Supreme Court of the
United States is to be the sole and ultimate
judge as to what powers are delegated by the
Constitution to the Federal Government, and
also as to what powers are reserved to the
States, and whether, upon all constitutional
questions, the Supreme Courts of the States are
inferior and subordinate to that court, it is, as I
have said, and it always has been, the battleground
of the political giants in this country. It
was in the struggle upon this very question, in
1798, between the Jeffersons and Madisons upon
the one side, and the Hamiltons and Marshalls
upon the other, that the old Republican party was
born. That struggle has been renewed at various
periods during our history, and must, in the very
nature of our institutions, occasionally "arise
through ail coming time. Upon the one side, it
is always alleged, and I confess with much force,
that if a State court, upon constitutional questions
as to the reserved powers, is coequal and
co-ordinate with the Federal tupreuie Court, a
law of Congress might sometimes be declared to
be void, and annulled by a State court, and a
conflict of jurisdiction arise, not ooly of jurisdiction,
bat of actual force, between the ministerial
officers who execute the process of the courts;
and, if followed up by both Governments. State
and Federal, it might result in actual civil war.
Grant that such might possibly be the result?
that such a contingency might possibly arise.
Civil war is, indeed, a terrible calamity; but the
very fact that it is so terrible would lead all
parties*to do all in their power to accommodate
the difficulty?to postpone and to remove, if possible,
forever, the special cause which produced
it. But, sir, terrible as it is upon one hand, still
greater dangers would arise from conferring on
the Federal Supreme Court the absolute power
of construing the Constitution of the United
States, not only for itself, but foe all other departments
of the Government, and for all the
courts of the several States. In the language of
Mr. Jefferson, the Constitution, on this bypothesia,
would become " a mere thing of wax in the
hands of the judiciary, which they may twist and
shape into any form they please." (7th volume
Jefferton, 134.) Such a tribunal, composed of
men chosen for life, with supreme authority over
all other departments, and with power to pre- !
Scribe the limits of their own jurisdiction, leads
of necessity to absolutism and consolidation. I
mean no disrespect to the personal characters of ?
the present judges who sit upon the bench of that
court when I say that. Power in human hands,
wherever lodged, tends to enlarge itself. This is
especially true of judicial tribunals. With a brief I
judicial experience, and yet long enough to learn
the severe pressure upon the mind of the judge,
vrhere the law is doubtful, to decide what the
law ought to be in order to meet the case in
hand, and with what relief?I may say joy,
even?his anxious mind leans upon the author- j
ity of some other jndge in some other analogous
case, however ancient or remote, I have learned ;
to fully comprehend the inherent tendency there
is in all judicial tribunals to usurp judicial legislation.
Sir, the maxims of judges and of statesmen on
this subject are in antagonism with each other. <
The maxim of Jefferson was, that?
" It is an axiom of eternal truth in* politics, |
' that whatever power in any Government is in'
dependent, is absolute also; in theory only at
' first, while the spirit of the people is up, but in
( practice as fast as that relaxes. Independence
? can be trusted nowhere but with the people in
' mass. They are inherently independent of all !
but the moral law."?7 Jefferson, 134.
Mr. Buchanan, too, in the Senate of the United
States, on the 7th of July, 1841, laid down, also,
as a political maxim?and it is true, as the whole
history of the world has demonstrated:
" No man holds in higher estimation than I
' do the memory of Chief Justice Marshall; but
' I should never have constnted to make even
< him the final arbiter between the Government
' and people of this country on questions of con'
stitutional liberty. The experience of all ages
( and countries has demonstrated that judges in
stinctively lean towards the prerogatives of
< Government; and it is notorious that the court,
daring the whole period which be presided
over it, embracing so many years of its exisU
t ' ence, has inclined towards the highest assertion
' of Federal power. That this has been done
honestly and conscientiously, I entertain not a
' donbt."?Congressional Globe and Appendix, volume
10, No. 2, page 163.
Sir, the maxim of the judges always is, that it
is the office of a good judge to enlarge and to
amplify his jurisdiction?bonijudicis esl ampliare
jurisdictionem; and no more forcible illustration
can be given of the operation of tl-ese two maxims,
the one political, the other judicial, than
has been presented in the person of Chief Justice
Marshall himself. When a member of the Convention
of Virginia which adonted the Cnnniitn
tion of the pnited States, Mr. Marshall announced
the political fpaxitp in &9 strong language as
even Mr. Jefferson himself. The course which
he pursued, when a judge upon the bench, though
%s honest and as upright as ever sat on the beach,
has been stated by Mr. Buchanan himself.
Sir, I point you to )fr. Marshall as the states^
man in the Virginia Convention, discussing political
subjects and their bearings on the rights
find {.he liberties of the people, and set him
against Chief Justine Marshall a# the presiding
judge of the 8upreme Court of the United States..
Sir, I will point yon, also, to the present Chief
Justice?I mean no disrespect when I say it~-as
the Secretary of General Jackson: be was bis
right-hand man in all that fierce struggle and
controversy when General Jackson announced
to the world that, when he swore to support the
Constitution, it was as he understood it, and not
as it was understood by others. Roger B. Taney
was then the politician and the statesman, standing
shoulder to shoulder with General Jackson;
and I point to him now, as Chief Justice of the
Supreme Court of the United States, to illustrate
the effect of these two maxims in his own character
and in his own life. It b&s shown that in
a man of distinguished ability, of industry almost
unecualfed, of honesty of purpose, and of.
pure and upright personal character, the holding
of thai position as Chief Justice of the United
States ha# brought the judicial ma^ira to )jeaf
upon him until ffee tendency of hpnself, and the
court over which he presides, is to absplptism,
by the consolidation of all power in that branoh
of Government whose officers are chosen for life.
Sir, concede to the Supreme Court of the United
States the power to decide not only for themselves,
bnt for all other departments, and all the
conrti of the several States, and make their decisions
absoltiUrty biwUgff upon them as the constitutional
law, and WbsSrtW people of tfcp States
of this Union art prepared to acquiesce in. that
doctrine, and to carry it out, tha days Of the empire
will commaAto poon after. It is to be remembered,
in the stnfotflaagwags pf Johp Randolph,
L/ rtiJiLrWMI* n?f(?n
I the chosen peofde-^of^Go#, in' Its adrtfnce from
libNtf foedfa'to ^ttbnnrchjr anil despotism,
2L_1?- -? ^ T- -??
INGTON, D. MARCH
" the Book of Judges comes before the Book of
King* a strong expression, which I hope will
never die, and should never be forgotten.
Sir, it was to resist and overthrow this assumed
power of the Supreme Court of the United
States, claimed by the Federalists of 1798, that
the Republican party, under Jefferson and Madieon,
was first organized; and yet, strange as it
may seem, this most Federal of all Federal dogmas
is the distinguishing doctrine of the so-called
Democratic party of to-day. They may quarrel
as they please about Congressional intervention,
over slave codes, and squatter-sovereign 1
legislation; but they all agree in judicial inter- i
vention. They all agree in establishing slavery j
by the irrepealable decree of the Supreme Court
of the United States. All shades of the harmonious
Democracy unite in sustaining this power
assumed by the Supreme Court; and the only
new doctrine?the Shibboleth of that party in
the coming struggle, which, if any, Will be added
to their platform of 1856?will be (he declaration
at Charleston of the supreme sovereignty
and infallibility of the decisions of the United
States Supreme Court. Sir, they would give
to that court the power, under the specious
guise of construing the Constitution for themselves
aud all other courts, to amend the Constitution
at their own pleasure. They would give that
court the power, in effect, to insert in the Con
ttituuon * new provision recognising slaves as
property, when the great men who framed the
Constitution expressly refused to insert it.
What difference to the free white laborer by
what power in the Government slavery is carried
into the Territories ? If the free Territories of
the United States are to be Africaaised by the
introduction of slavery, what difference is it to
him, whether it is carried into them by Congressional
or Territorial slave codes; or whether
it be introduced into them by Federal judicial
decree?irrevocable decree, which "no human
power," in the language of Mr. Buchanan, 44 has
any authority to annnl or impair?" What
difference to the slave himself, whether he be
held in a Territory by a judicial or a legislative
bond?by a chain of iron or a chain of brass ?
Sir, in the headlong zeal with which the leaders
of that paity would force slavery into the
Territories of the United States, not indeed by
the decree of an emperor, but by the decree of
an imperial court, they have ceased to be any
longer Republicans of the Jefferson or of tbe
Jackson school. They have embraced with all
the ardor of new converts the most Federal of ail
tbe dogmas of tbe old Federal school. It was
against this dogma that Jefferson denounced bis
loudest thunders to tbe American people. In
his letter to Mr. Livingston, he declared be would
be entitled to eternal gratitude if he could succeed
in restraining judges from usurping legislation:
"And with no body of men is this restraint
1 more wanting than with the judges of what is
' commonly called our General Government, but
4 what I call our foreign department. They are
4 practicing on the Constitution by inferences,
4 analogies, and sophisms, as they would on an
4 ordinary law. They do not seem aware that it
4 is not even a Constitution formed by a single
4 authority, and subject to a single superintend4
ence and control, but that it is a compact of
4 many independent powers, every single one of
4 which claims an equal right to understand it,
4 and to require its observance."?7 Jefferson, 403.
And again:
"This member"hf the Government was at first
4 considered as the most harmless and helpless
' of all its organs. But it has proved that the
4 power of declaring what tbe law is, ad libitum,
4 by sapping and mining, slyly, and without
4 alarm, the fonndations of the Constitution, can
4 do what open force would not dare to attempt."
And iu his letter to Mr. Ritchie, still later, and
as late a3 1820, long after the excitement of tbe
first origin of the Republican party in 1798 had
passed away, he declared that?
41 The judiciary of the United States is the
4 subtile corps of sappers and miners constantly
4 working under ground to undermine the fouud4
ations of our confederated fabric. They are
4 construingour Constitution from a co-ordination
4 of a general and special Government to a gen4
eral and supreme one alone. This will lay all
4 things at their feet; and they are too well
4 versed in English law to forget the maxim,
j ' ' boni judic s est ampliare jurisdictionem.' We
i 4 shall see if they are bold enough to thke the
] 4 daring stride their five lawyers have lately taken,
j 4 If they do, then, with tbe editor of our book,
i 4 in his address to the public, I will say, that
i 4 ' against this every man should raise his voice,'
' 4 and more, should uplift his arm." * * *
"A judiciary, independent of a King or Kxecu'
4 tive alone, i9 a good thing; bat independence
! 4 of the will of the nation is a solecism, at least
j 4 in a republican Government."?7 Jefferson, 192.
He says in another letter referring to Judge
I Roane, who was one of the judges that delivered
the opinion of the Supreme Court of Appeals of
Virginia, in Hunter vs. Martin:
41 The judiciary branch is the inatroiient which,
4 working like gravity, without intermission, is
4 to press us at last is o one consolidated mass.
' Against this I know no on* who. eauallv with
' Judge Roaue himself, pMMMH the power and
' the courage to make r<akMKe, and to him I
1 look, and have long looked, as our strongest
' bulwark."?7 Jtfftrton, 1U8.
The mode of resistance to Federal usurpation
is here pointed out by Mr. Jefferson. It is not
through an appeal to arms ; it is not by seeking
to dissolve the Union ; it is not by threatening
secession; but it is in the mode pointed out to
Judge Roane, that be, as one of the sovereign
judiciary of the State, should interpose, when the
case was pn sented before the State courts, for
the protection of the citizen when threatened by
Federal unconstitutional usurpation.
Mr. PresiJent, as the States and the United
States occupy the same territorial space 'and
have therefore the same territorial jurisdiction,
the point of all others most difficult in our system
is this : wben there shall arise between the ,
United States, which is acknowledged_to be sovereign
within the range of delegated power, and
the States, on the other hand, which are ac- ,
knowledged to be sovereign over all undelegated
power, a dispute as to the precise boundary line
which separates their jurisdiction, who shall de- {
termine that controversy. That is the question.
Yes, Mr. President, that is the qaestion of all other
questions in the science of American government. I
That boundary line is expressed in language with
its ever-varying shades of meaning addressed to
the human understanding, and not by metes and 1
bounds visible to the naked eye like the boundary
lines which separate the States.
It will never do to put it into the power of the
one or the other party to remove or destroy that
boundary. " Cursed is he that removeth his
neighbor's landmark." In a dispute between
the owners of adjoining fields, who would think ;
for a moment of giving to one party, and especially
to the stronger party, the sole power to fix i
the boundary line at bis own pleasure? So, as ]
to the boundary line between the State and Fed*
eral jurisdiction, it will never do to say that the
decision of the Federal Supreme Court sb&ll
control and be conclusive. Their jurisdiction
emends only to cases arising under, not outside of,
the Constitution, under laws passed in pursuance,
and not in violation, of the Constitution.
The Supreme Court of the United States, and the
Supreme Court of a State, most, of necessity, ]
whenever the question arises before it, each for ]
itself, pass upon its own jurisdiction; but as'
each approaches to the boundary line of that
jurisdiction, it must advance with cautious step '
and bated breath, always under this peril, which
rests upon every judge of every tribunal, I I
care not how exalted, that in deciding upon the
question of the extent of its own jurisdiction, if it
shall go one inch beyond its jurisdiction, its whole
proceedings are void. |f it decides right upon that
Jjuestjon, its proceedings are judiouU proceedings.
I it decides wrong, and treads over the boundary j
| which prescribes its jurisdiction, and usurps a
power which the law aqd the Copstitutiou do not .
give, then its proceedings are no more judicial l
than if they took place before a private individ- '
ual not pretending to hold any judicial authority
whatever; they are absolutely void and of no j
effect, and may be so 'declared by any court in ,
which their validity is drawn in question. If a 1
conflict arises, it must be because the one or the
other party has usurped a jurisdiction not con- <
ferred. Which is the nsnrper, the State or the j
Federal Government ? That is the question; and ]
that depends simply on this other question,
which is right, which is wrong, which has de- i
cided right npon fhe Constitution, and which
has decided wrong upon the Constitution ? That
party which decides right is acting under legal
authority, binding upon all citUens, and npon all i
branches of the Government. The decision of
. i i i? ....v.
tUat p&rij WHICH una usuipru nuuviubuu
taken iurisdicljop pf what the ponstitntion does
not ppnfep, is pot binding upon anybody. This i
point was dlscgssed by toe "chief lustice, in the
ease in Pennsylvania to which I have referred, j
He points to the true solution of the difficulty. '
That court said that, if a State shonld differ with J
the United States abont the construction of the
powers granted by the Constitution,
" There is no common umpire but the people,
' who should adjust the affair by making amend'
ments in the constitutional way, or suffer from
' the defect." * * * " There is no provision in
' the Constitution that, In such a ease, the judges
' of the Supreme Court of the United States shall
4 control, and' be conclusive; neither can Con'
gress, by law, confer that power."?3 Ballot't
Report*, p. 475.
Mr. Jefferson also refers to this subject, in a
15, 1860.
letter to Judge Johnson, dated at Monticello,
Jane 12, 1823:
u But the chief justice " of the Suprems Court
' " 8Rjs, ' there must be an ultimate arbiter some'
where.' True, there must; but does that prove
' it is either party ? The ultimate arbiter is the
' people of the^Jnion, assembled by their depu'
ties in convention, at the call of Congress, or ol
1 two-thirds of the States. Let them decide to
' which they mean to give an authority claimed
' by two of their organs. And it has been the
' peculiar wisdom and felicity of our Constitution
' to have provided this peaceable appeal where
' that of other nations is at once to force."?Jtfferton't
Workt, vol. 7,p. 298.
Sir, sboold resistance, even by an appeal to
arms, take place, the appeal in the last resort is
to the people of the States, the power which
formed the Constitution, and the only power
above the Constitution, to decide as to which
party is right and which party is wrong, in their
claims under the Constitution.
In conclusion, Mr. President, the questions
wnicn i nave discussed to-day are questions on
which great and good men hare differed from the
beginning of the Government; upon which
they now differ, and will continue to differ.
It is perhaps well that tbey should. It is
to these two enduring and apparently opposing
forces or tendencies in our system that
we owe its true harmony, its real glory. The
power which mores the planets in our system is
the combined action of the centripetal and oi
the centrifugal forces. The former, unaffected
by the latter, would draw them all to the sun at
the centre; while the latter, unaffected by the
former, would hurl them from their Bpberes, to
wander at random through the universe, until
destroyed by collisions, or bound by superior
force to some other system. So these two tendencies,
the one to enlarge the powers delegated
to the General Government, which is called Federalism,
and the other, if not to enlarge, sturdily
to maintain the reserved powers of the States,
which is called Republicanism, are to be looked
npon rather as political blessings than as political
evils. The result of their struggle and antagonism,
though sometimes the one and sometimes
the other seems for a time to obtain ascendency,
is beneficial in the end by maintaining
all the reserved rights of the States, and at the
same time asserting and maintaining in their integrity
and vigor the union of the States and the
supremacy of the Constitution, and the laws
patted m purtuance thereof. And it is in this
sense that Jefferson declared, in his inaugural
address, "we are all Federalists, and we are all
Republicans."
But, Mr. President, what do we now behold ?
A party styling itself the Democratic party, which
claims Jefferson as its founder, and Jackson as its
heroic chieftain, both of whose Administrations
resisted and tiampled under their feet this dogma
of judicial supremacy and infallibility. We behold
this party, in the face of its own platform of
resolutions upon this very subject of the powers
of the General and the State Governments, now
blindly bowing itself down to worship at the feet
of an imperial court, and adopting this Federal
doctrine of judicial supremacy and infallibility !
For what purpose have they thus set up this
judicial Vatican ? Why would tbey give to the
judicial branch of this Government power to
change at its pleasure political creeds, and,
above all, the power, under the specious guise
of construing the Constitution, to enlarge or diminish
its own jurisdiction, and thereby enlarge
or diminish, at its pleasure, the reserved rights
of the States? W'hy, sir, why would the leaders
of this party interpolate into its creed this new
dogma of the supreme, infallible, and irrevocable
decisions of the Supreme Court of the United
States ? Is there, indeed, among their leaders,
so much new-born reverence for the court itself?
No, sir, no ; do not believe it for a moment. Let
not the judges who sit upon that bench be flattered
by their adulations. They kneel not to the
throne itself, but to that dark divinity which they
see standing vailed just behind it. Mr. Buchanan
in his message lifts the vail, and points directly to
the object of their idolatry, holding in its hand
a scroll containing that " final decision," which
ham " irrevocably fixed " slavery in all the Territories
of the United States that we now have or
r ay hereafter acquire, so that neither Congress
nor any Territorial Legislature nor any human
power can annul ot impair this vested right."
The resolutions under consideration look to the
same object, and therefore cannot receive my
support.
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A Journal or an expedition unuenasen unoer ine Auspices
of H. B. M.'s Government, in tbe year* 1849-lr-AS.
by HENRY BARTil, Ph. D., D. C. I., Fellow of the
Rdyal and Geographical and Asiatic Societies, Ac.
PRICE *125
This Great Work Rives us
FEB ACTf 41 CONDITION 07 NORTHERN AND
CENTRAL AFRICA!
[n relation to iu Commerce, Agriculture, and Manufactures,
and especially in regard to the
HORRORS OF THE SI AYE TRADE,
The vVars and Desolations which it cause* ; the
Slave Haata, and Burning if Villages !
rbe Capture of tbe Inhabitants for Slave*; the Expedi
Lions authorised by Governments, having no other oblect
than
TH? CAPTURE OR SLAVES!
All this is minutely described bv Dr. Barth, from bis own
personal observation Also, DR. BARfH'S Long Resilence
in the Famous City of
TIMBUKTU,
Where hie life was daily threatened, in consequence of
lis being a Christian; altogether forming the most In
Leusely Interesting Book of Travels and Adventures ever
Published.
ten thousand copies
Of this work were ordered in advance of publication,
and the sale promises to exceed that of our edition of Dr.
Livingstone's Travels and Explorations, of which we
lave sold over 50 000 copies.
([7* We want Agents and Canvassers in all part* o'
tbe United States, to whom the most liberal commission
will he paid.
J. W. BRADLEY, Publisher,
No. 48 North Fourth street, Philadelphia, Pa.
N. B.?Copies sent by mail (post paid) on receipt oi
the price. $1 25. 685
redpath's life of captain john
brown.
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trr Agents of both sexes, wanted, for the sale of
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III! ill ?at.%*
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AND 8TE ANGERS.
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THE NEW JVJ)RK TIMES.
AM IHDEPSBDEBT, POLITICAL, LITER ABY,
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State* Its circulation is quite as large a* that of any
other daily of its class in the city of New 1 ork, and in I
ic|iu'?iuuii iwi cutrrpribc , t uergy . ?jiu ic uou'iniy, ji may
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in the country.
The Times is wholly and entirely Independent in its
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experience shows that in every Constitutional flovernmenl
parly divisions ard party contentions are essential
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ami responsible conduct of the Administration. Hut
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Every party and every faction has its representatives and
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representing their principles, seeking the promotion of
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of any Political Party, but solely in the interest of Truth
and Justice, and for the promotion of the welfare of the
wtio'e country. While upon all topics its tone will be
firm, vigorous, and entirely independent, it will dral in
argument rath?r than invective, in the language of per uas-.on
rather than menace, and will strive to allay, by
all fair and just appeals, rather than to increase by inflammatory
counsels,'he sectional agitation which distuibs
the peace and threatens the welfare of the Federal
Union. It will insist always upon a faithful adherence to
the Constitution, respect for the Judicial authoiilies of the
nation, and a strict compliance with the duties and obligations
which devolve upon the citizens of a eomn.off
country. Upon the subject of S avrry, while it will never
seek occasion for thrusting it upon public attention, it will
not shrink from its discussion whenever it shall be
brought prominently before the country, ai.d made the
theme of public controversy ; but it will treat it as a local
institution, the creature of local law, and > abject to the i
exclusive supervision ar.d control of the communities in 1
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will denounce every proposition, to wage war upon it
from without, cr ;o excite the fear*, wound the pride and
arouse the recen atcnta of those States which may be disposed
or obliged to permit it* continued existence. Cut ,
it will also oppose every endeavor to extend it into regions
now free irom its influence, to reopen the Slave .
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tion, to promote their own views and objects at the ex- '
pense of justice and the public good.
The Timrx will discuss ail topics of general interest, in
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and in all its discussions it will endeavor constantly to be ,
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In its Correspondence, both Foreign and Domestic, the
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Its Reports of Congressional and Legislative proceedings,
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The price of the New York Timet, (Dully,) by malt, Six a
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THE SEMI-WEEKLY TIMES o
is issued on the morning of every Tuesday and Friday, u
and contains, in udditton to <he bulk of intelligence given *
in the daily paper, a Literary Department, embracing -j
standard novels and talea. and miscellaneous s*lections si
of the highest interest. The Agricultural Department is e
?nlliiU . .. . fl
VWHU'IIVU..^".- . ?,VW V. ?v?.wo, 11/ VI IMCIU iliac- ?
cessible to the American reader. Priee, Three Dollars a
>eur. Two copies to one address, Five Dollars.
THE WEEKLY TIMES, f(
appearing ever> Saturday morning, embraces a comprehensive
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Terms of all rur issues?Cash invariably in advance. g
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fully equal to those of any other journal in the country.
All letters to be addressed to the "New Yolk Times,"
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C. H. BRAINARD,
PRINT PUBLISHER,
322 Washington street, Boston,
publishes the portraits of Charles Sqipncr, Theodore ?
Pa Iter, Salmon P. Ctase, William II. Seward,Gamaliel
Bailey. Ralph Waldo Emerson, N. P Hans*, John P. _
Hale, Henry W. Longfellow, and John Sherman. Price y
One Dollar Sent by mail, free of po-tage, to any part of
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JUST PUBLISHED,
a lithographic portrait, of the size andhft/ie ot the above
of . b
DROWN, 0
the Hero of HadMps Ferry. Priee One Dollar.
This portrait is XMicd from the last photograph for V
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likeness of him eiyH taken. A liberal portion of the
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877 :t M) Washington street, Boston. e
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A IJp BOOK. I
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TWO WORKS VALHABLE TO TBE SICK c
O Ji WELL, J
Sent by mail, no pLfl'J expcdp&'until received, b
read, mnd improved.
?I* LECTURE JLr * causes, prevention, and i
cn'e O' Lung Throat, j|H~ Skin diseases, Rheumatism, ,
nd Male and FYuyO^geempainu. On the mode of Prr f
erring HeaJthig^One Hundred years 380 pages, CI iJ
engravings. Jfrice fifty cents, in silver or post office .
IftUipt.
?*f- AQdPork on the Csase and Cure of Disease# of the
#nomach, Liver, Bowels, and Kidae>s; on Apo- t
?!h?.L#Patsy, and Dyspepsia; why we grow old. and ?
.? tai cause* disease. 131 pages, 6 engravings. Price <1
recants. Say which book you wish, giving name,state,
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f Dr. S. S. FITCH, c
683 '14 Broadway, New Yoek. (
TT J. BIGELOW j
procures patents,
tnMMU at oU.r P.U.I OUM hulAM*. <
Snll **
Vol. XIV.
BOOK BINDING AND BLANK BC li? MB
MANUFACTURING. 7 j ,'H
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By an improvement iu Stereotyping, patented by \ d
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" GEORGE P. GOFF, } W,
W Washington. D C.
OUR MUSICAL FRIEND. IB
"our musical FRIEND," a rare companion for
the Winter months. < n^Hk
Every Pianist, I Shou'e procure this week'* I Bf
Every Pinger, | Publication of Vocal * 4 ili^Btl
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By the entire press of the country, to be j ,B|
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C. M. ALEXANDER, B?
SOLICITOR OF PATENTS.
Being aware of the disadvantages to the Invenu >
the old eysttin of procuring Patents. I have, for ih* WKj
three yeart, ado. led a plan of doing business vie
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1st I exan inc all c ites put in ray hsnds free of ehk>.. M...
If 1 consider them patentable. my charges are #5 tn id-/.jr.
vance lor drawing-, and S30 more in ihe event of p*> VjL*?.
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Inventor !o-< a only S5 instead of frill.
2d. For all ra?ea rej clrd in the hand* of other ifr*. W^i V
my trrma for pro'-urine a Patent ar - ISO. Ni?Tr
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beMer < la.ins oil Pi tetita ?lready obamed j
Faien*' warranted in 30 day*, it the c:i?- ia patentable,
exjefiUM deiajso.rr winch 1 have no control. ?5
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Hon. Willtatn H. E iglisli, M. C.
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W ashing ton, D. C. til
tbl C M. ALEXANDER, Patent Attorney. la
L. JAY S. TURNEY, fM
ATTORNEY AND COUNSELLOR AT LAW, I
(And S ate'a Attorney for Twelfth Judicial Circuit.) 3
Fairjield, Wayne county, Illinois, (&}
will give undivided attention to the practice of kin pro. V
fession, in live counties of White, Wabash. Edwarca
Wayne. Jefferson, and Hamilton, and in tse Hupr-me Ik ' j
and Federal eaurta ot Illinois. 67? ;t|V ^ I
PORTRAIT OF DR. BAILEY^ H
EDITOR OF " THE NATIONAL FRA " II \
A SPLENDID LITHOGRAPHIC PORTRAIT OF H
DR. BAILEY, drawn by D'Avignon,from an org.
nr.I photograph by McClees, ia just published by C H. ,
BRAIN ARI). No 7 Trcmont Row, Boston. ^m/
Price One Dollar; on receipt of which sum.it will b?
sent,/rre of postage. to any part of the United States. Sim
of the print 19 by 24 inches. 1 s.
Uniform with the above, and furnished on the tamei^J \
terms, poctrait* of Charles Sumner, Salmon P. Chase/Wl
Theodore Parser, Ralph Waldo Emerson, John Sherman, 11 .
and John P. Hue. { 9
JUST PUBLISHED, ?1
A splendid portrait of - ? ? Ut
HENRY W. LONGFELLOW,
By D'Avignon, from an original daguerreotype. /Ml'V
"It looks the poet, the maker, and the seer, as he ap an
pears in Uia best aud truest aspect.''?Alias and Bet BH
Address M
CHARLES H. BRAINARD,
AAA * Tremt nt Row. Bosltn. H
BROWN'S BRONCHIAL TROCHES. H
COUGHS, Co ds, Hoar rnest aud Influenza, Irr.tat en, H'
Soreness, or any atlection of the Throat, rured , the HJ
Hacaing Cough in Coiisumpiioi. Bronchitis. Who ping Hv
Co gh, A.thm 'jCata-rh. relieved by BKOW.Y3 BK".V -ISCHIAL
TROCHE", or Cough Lozenges. 'H '
A simple and eWant c mbinalicn for Coughs. Ac? If
Dr G F. Btgtlow, Boston. , II u
Have proved rxtr< mrly aerviceabie lor Hoarseness ? II
Rev Any Ward Beechtr. Iff
I recommend their use to Public Speakers ? R>r B H &
Ckaptn, ii'tie York HI I
Mor-t salutary relief ilk'Bronciii.is ? Rev. S. Setgfrud, j
Uorns'eirii, Ohio. wJ[
Beneficial wY " comr-clled to speak, suffering from 1 j
Cold?At. S. J. P. Anderson, St. Louu.
Effectuul in renov Hear cness and Irrration ni the ItW f I
Throat, a > common with S eakerv and Singer-.?Fof??- i ff yjf
?... 1,? U.S'lft, UU.. ItWUTCJ OIH IK, '
SoviArfn > en:ale CoUegt
OfMIbeneli: wIm*nkwMhn ini ?ftfr prri.- i e, B y.1
l? ili-y prrveir II,. :r -s Kra>w their past i J.-.-i I
hink they wi I be i>i prnn^ii'i l ad van ? g. to u.e - l\ IBIJ^H
C. Hour.iy, A. M . Pr'sulent Athens t oUege. Ten* *
So d by a.: i r :ei?i?i?, at 'j5 ceuta per box. H JB
Algo, Btowit'f l.'ii tive Troche# or C*11 mrtic Lts- |H
ngts, tor Dyspepsia, ,ndi feslion Contupauo Head- PH H
.cie, lit ion* AUt:ioii? Ac. kll iJB
TELLER'S IMPENDING CRISI9 OF THE MM
SOUTH. Ka9
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tor thi< t flcetivc work, through thick and thin, be- ^BpjflH
>re it created ?uch-aa excitement in Congress. hs* now
nrrea-ed facilities for Mpplyiag Ih.rge or small qusnti- Hj*|> j
es. at the lowest pos ible wholesale prices The oneollar
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nd other wi ika. Address or call on ffl
GEORGE W. LIGHT. i
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*85 street. Bo-ton. I> .*1
MOUNT UNION COL LEG K If j
170BMAL SEMINARY. It'
rHIS Institution, located at Mt. Union, htark county,
Ohio, (two miles from Alliance, where the Cleve- '3
ind and rutsbargb. crosses the Pi.isburich, Fort Wayne, ^B r
nd Chicago Railroad,) is now chartered v> ith L'nivir- ^B i 1
ity Powers, exte- d. d alike to !.oih sexes: has appsis- B
is. Chemical, Philosophical. Agronomical, Physiol',_i- W . I
al, Oe,.logical. Purveying. Civil Engineering. At.,
,-orth Sv' lijti. Hoard hi pnvate families at *U# per It
reek; tunnshcd rooms to ncci-mniodMtc itOO ?tudrai? to I
oard themselves or in clubs, can be rented roa??: :>' v B
'here rooms (furnished wiieu desired with beds, uu u- Bg
lit, Ac..) are constructed tor two persons, have separate IB S
ntranres, and those for Indies are convenient to privtie II
tmilies Cost of club or self boarding from 75 cei.ts to "
1 per week. 3
TUITION FROM ?4 05 TO $5 00 " / ffi
PER QUARTER, U\
ir any brnnches in the Ola-sical Scientific, or Teachers' Hi \ j
courses. Music on ttio Piano or Mclodeon, V
'tinting. Drnwirg. the French, German, or Hebrew La*- B
uager, are taught by experienced teachers at reaaona- >
lo rates. * 1
ut the student* instructed the preceding eight yearn M 1
NORMAL DEPARTMENT, J
53(1 taught sehool successfully last year; bf those in \U jfji
udance last year, 300 had tau^Ul school VVh'l* / *, 1
lorough met tnl discipline and knowledge of science < 1 3
re forrmoM, specisl and systematic instruction is given I I
pou the Theory anil Practice cf Teaching. The de- f A
and tor lysined teacher* is incrsasu g. 'I he College H
uilding contains room* (or iecta es. recitations, library, 11 -mfl
brratory, and the literary societies. The Faculty con fl j
sis of seven experienced teacher*. The regulations H ~lfl
re bared upon the principles of Cliri?tiauty, tree from *
ictarianisin. The sessions begin on the
pooatl Tuesdays of March, August, k November, 3 ?
r each year ; commencement exercises at the close of W 4
e spring session. Text books can be fcs.d (t Mount A.JyH
nion. a healthy and retired village, free flrora mtoliraif
minks and other vices >o common to larger iswas H JWt
ml public thoroughfare*. aj
For other uilQrit,s,tiou or catalogue adiress 8 J
O. N. HARTSHORN, President. 1 1
January Mth, lbGO. 6e3 ^B.m|H
FOR THE CHILDREN ! L
RACE 8REENW00D'S LITTLE PILGRIM. I
HE CHEAPEST AND BFST PERIODICAL FOK W J
" " " CHILDREN EXTANT! IE H
" We siy emphatically, that the LutU Ptignm .? ths IB $f:
?t periodical for young people now published, at hoa-4 fl v
r abroad, in the English language.?TiU Prtsi. | *
A new volume will begin with the number for JanusrTi H
S58, in which will be commenced a story by MARi *t j
lOW ITT, called fl U
THE FAIRT GODMOTHER: K | 3
lIso, a beantiful Italian story, called fl ? #
Little Angelo and His White Mica, W^Vft
ly GRACE GREENWOOD herself. A host of other /" - I
ood things?Stories, Sketches, Poems, Child sayings, ?. , U
te., by numeroui and bmliaut au.bors; also, Rebasses,
'uziles, Charac.cs, Ac., will combine to make the new
olume unusually attractive. NOW 18 THE TIME ro
lUBSCRIBK! _ fl\
TERMS.?ONLY FIFTY CfENTS a year, sss mdtmnef BA
fty Specimen conje*, containing club rates a listol Bit
Temiums, Ac., wiil t?e sent free, to all who reqaest iheit, BCf
tddreas, p?*t paid always, J, JA
LEANDEB X. LIPPINCOTT, If. *
HSU 1W South Third street. Philadelphia P*nn. I i
LITERARY IBTELUGKHC1. |BH
"STAND UP FOR JESUS!" IW'The
brief ballad thus entitled .1 occasioned by the <!<?? I
{ Rev. Dudley A. Tyng,) and which ha* been so widely IBB
irculated by ;?e daily and weekly press, aad in <*ne* mmpv
?rms, is about to be republished by T. H. Stockton,l.?> fl
'bestnut street, Philadelphia, in a handsome daodec.tao lln
olume of 48 pages, variously and beautifully illustrated. WH
twill contain? B'l ^
NOTES.?Biblical. Liturgies',and Personal: compiled . ;
y the author of the Ballad. B
KIBE PICTORIAL ILLUBTRATIOBA B
Engraved by Van lngen A Snyder. (Engravers of Kan^s m
trctic Exploration*,) from drawtuga by G 6-White. (
Deluding Portrait* of Rev D A.Trso and Rev. Dr ? n. I
will. In,?.rinr Vi?w. ?mnneert Hail, Jayne SHSU, (V.IV
MJ-iand _
Three Original Pieeea of Mum, i
o wkich the Ballad tfcJ been set, by M??n Hi
>f Boston, Bradbury of New York, and Bower of Pl"i? M
leip'-ua.
A Saw ADDITIONAL POEMS by * "*e ****"
an BTangeUcAl Mimetcr.) will be iaebUed?ckieBy ly n- nn
Hi, ^^H
The work is eleetroiyped. and will be issaed 'n "f |H|
icalest possible My I*, in kepe of a larje demand, wi?
esalts of (sent His specially adapted ?
ronth. to Yotiny Men's Thr ?Uan A?*oemO??, B'b?
Masses Sunday ^ nthrr Schools, Ohareh and
ise*. present* ? friend* abroad, Ac ?bem? coaTCiutMy
sent by mail. .
It 1* now nearly roaiy, and maybe ordered at
3tdw* suppUod aa rs^rsd. No oopia* Mat on sal*. >HHH
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