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The gazette and Democrat. (Lancaster, Ohio) 1860-1860, July 05, 1860, Image 1

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VOL. 1.
editors l PROPRIETORS, -
- O F F I o i:
Tallmadtro IlloekTlti ra Morrto the
JUcIt at the llcnd of the Stair. .
, -"77 "TERM30F 6UB8CR.TPTION.
" IhoGaintte will ho published every TUuraJay, on
tlio following lurms:
' Orio yoario advance ...,..ai $0
Aftertheoxplriitlonoffl months i no
"' For lowlirao than ono jroor, at the ruto of., 1 50
per dnnmn, but Invariable In advance.
ifJ'So discontinuance until arruara(oi arc fold.
;';; ' . ' :
X iqnoro of 10 llnoa, or tail, Quo lmertlnn 80 511
Three Innorllnns 1 "
yr each additional Innorllon M
' All advorllaomonta running loaathau throe months,
chargod l the above rnU. , ,, ,
, 1 wo
' Four
Orio-foiirth eotuinn.
" Ono column
$ no..
.. J 00..
... 7 no..
.. g mi. .
,.u no..
..14 on..
..lit no..
.J5 51,.
. . 7 nil..
,. g no..
. 1 1 mi. .
.15 110..
.t? no. .
.1!) on .
.35 00..
.is mi
, in no
12 no
, 1.1 no
so on .
Stf on
9.1 on
40 no
. HTBiulnei!C.'ir4s of about 8 llna,by tho year, 45 "
- 11 fAdvorllnomoiitii, not marked on the manuscript,
will no enntlnuod at our lorine until forbid.
. TCPLogul advortmemonH, Administrator's notlcoa,
Ac.,muit bnpuld for In adranoe,, fur roasooe whloh,
we will eiplan at the time.
, . jrjTba ubove torma strictly obaorvod In all caeea.
Wo are nreriarod to eirocuto alt doscrlnttniuof JOB
BALLTlCKBTS.and erory other variety of PLAIN
AND FAKCY JOBIHNG, with now and superlotlypo,
muil on abort notice.
Ju lut of Fairfield Common Pleat Col HEXKY
C' WHITMAN, residence Unrnatrr, Ohio.
' Prabati Jiitys-JESSK tKOHNEK.OnlcolnPubllc
Prftinr J!li.rii-JAMES W. STISCHrOMB,
Sasrif-AAUOS W. EIIKlftHT.OfflcoatJall.
CIrCiur(-JOHN C. HAINEY, Offlco Pub.to
HolMlng. . ,, ,,
j'j!ili- A. J. TIT,IllKK,Ofne Pu'.iUp nnll.llntr.
Trtaiurtr P.C. nKNUlUM.OfuVo PnMIc llulldlng
JlMorder-A.FYKBHT.OIHTO Public Bull-ltnir.
.Inrpcyw K.8. HANNUM.Omco.Tallraadnorilock,
tjecocd Story.
Corontr f,. SH.EFFKR.mnliiflneo. Madison 1p.
Comafionr-JOSElH SHARP, of born Town;
aliln; JONAS A. HAKF.K, of W aluut Townnhlp. und
Join W, CVNXIKOHAM,fHnc-klii Township.
SrUol r.taminirt-WX. V. WH1TXKY, JOHX
'i.t la the House of KeprcnontnUvc,
MAY 29TII, I8G0.
ordained to Bocure and
In fil'tocn Stntcfi f ilio Amcricnn Un
ion, pmctioHlly, tlio rcvutBu of all this is
true. Tlio exceptions io only ir. a fuw
vf ilio border counties of slave StMca, ad
joining the frea fcjtutos, and in threo or
four cities whose comuiorcinl intercourse
in oxtensivo in the North. In all these
fifteen t'ave Stales, a class is' dominant
which fills all the offices, and controls the
legislative, cvecutivo, and judici.il de
partments of tho Government. They do
not pretend to ho loyal to the national
Constitution, or obedient to the laws pas
sed in pursuance thereof, but claim that
their first and highest nllegiaDCu w duo to
their several btato governinenu and their
institution of human slavery
ed, Rut alaf for ficedtiml their admoni.
lions and warnings have not only boon
Uiilioedwd, but the scheino of ft sectional
and privileged clitts, aided by . ntrihcrn
Ileprcsentativcs, has bean aecorap'mhd Bo
far as flouring complete control of llife d.
partmeiit of the Dovernmont is concerned:
every moycmeiit they iiiinerviously die
late, a chango in their action and tone to
wards this judicial department. In com
pliance with this demand, we find the
party to-day, which for years bo vono
mently denounced the usurpations of this
court and opposed and disregarded its de
cisions, have come to regard it, if the dec
laration of their Presidents and lli prc
8unlativefl and party conventions aro to
They cftro
uothiii'' lor the Unloft; eX'eepOa fk'f a.s Min
subserves th'dr purposes of building up aro infalliblt,, from whose judgment there
ana extending tl.cir peculiar mstiiution.ftna j is iio appeal, and bcturu whose decisions
pcrpetuatinj; their own political power, and political decrees citizens and parlies,
'Pi,.., i n .....: . L... o..... .... ......
It Congtens, in which lie jtratod thdu, until they have fur years pive thorn rprenentativir
"Y , completely eootrollM tl Uniuocratio or- and ihe .uniair fliahner iu whiul
removal, it is an established prineipU in Itioai m'trwage It
mhui am wrii lj iuill UUVCrnilieilM I Haul; ,i . ).';;
BUM Ml. an) iiHil.it li.nii.u..i. I . .11 Tl . r ....
h.vo : i :z " 1 1, w p nin.zti.. and chngd fundamental
nonfa An pf.nt Aatatiltar.ii.r. ll. .:..t .r'.i . tt -i i .. . 1 . . . 1 .
.. v....,...,.....e rigni i , i lie umu'U ftiaicH, ol tlio uu
HucstiuD ofalnvc
the nowrr tliat orMUtl anil m..... ;,,! ii, .1 . t ... . '
duties of Uicso couris-fto repeal th. l,w, And .(rang, to .y, this aang.ront an-
..r m i ii. . 1 . ...
outu. o.it. c uy iu pywei mat breathed itririo. reoieyes the support of ihe preat
into them the breath oH.e: Afief a fuljbody of Ilpresmtatmii 00 this floor
mvuaiigitliuu VI lion buujuci, i neiieve tno
only practical way, without change in
tho Constitution, to refoi ui the gross
buses, not only of the Supremo Court, but
of tho United States district courte, is:
first, to reorganize th Huprme Court,
and either create additional judges, or re-
unmet tut circuits iuj Bue,it a manner as
The House heing in the Comm'Uee of the
Whole on the state of the Un'on.
Xt. ASHLEY said;
Mr. Uiairsjan: Respect for legislative,
executive, and judicial authority is a pe
. culiar characteristic of the constituency I
have tha honor to represent. Indeed ie
ppootforall constituiional obligations, and
for tho laws passed in pursuance of the
Constitution, as well as for oil authorita
tivojudioal decisions, may with proprie
ty be said to bo a leading trait in the char
acter of the Anierisan people. Especial
ly is this respect habitual with the groat
body of tho people of tho free States:
Trained in tho school of loyally, taught
to venerate the toaohings of the fathors,
guided in their daily walk nnd in all their
public and privatointarcourse with their
fallow rain by tH stern principles of that
wise Christian molality which has made
Now England at once tho hope and glory
ol our .country, it could not bo that tl e
oitisens educated within her jurisdiction
and the Siaiei founded by htr wisdom
nnd enterprise should be otherwise than
loyal to tho Constitution and the Union.
Aaking for themselvrs nothing that they
would not coneedo to tho humblest, they
muko tho community of intcicst indenti
on!, aud the loyalty of every inhabitant
of the Stilt a necessity.
This ur.iitd consummation has been
practically achieved in eighteen States of
tho American Union. The system of
government adopted by them, in my
lutkenitfut. is tbo best HVStom known to
man. It H tho host, becauso it rests up
on labor and is created and controlled by
the frco and untranieled will of tho labor
er. It is the best, because experience has
domonstra'ed that it is the only foundation
upon which States and overnmeiUS can
.safely and securely rest. In suoh a gov
eminent tho labors must not only bo Ireo,
but tbey must be citizons; bavins right
which tho covernmont anil all classea of
eitizms are bound 10 rospeut and detond
tho poorest and humblest inhabitant be
ing eouul, before the lawwith tha richest
and most poworful; sharing in its buidens,
enjoying its protection, and feeling indi
vidually responsible for its good or bad
management. This theory is daily grow
ing strongor among all civilizod nations,
and "the world .beginning to understand
that injuring ono class for the immediate
benefit of anothor, is ultimately injurious
to that other; and that, to securo prosper
ity to a commuuity, all interests must be
consulted." This truly republican idea
of consulting the intorcsU and obeying
tho wishes and wants of tho people, was
rci'cntly acquicsood in to nn extcut before
unknown, by the lending Vowers ot Eu
rope, when they recognized tho right of
the pooplecf tho lloiuan Stntos to doolnro
by ballot, whether they desired separate
governments, or a united Italy, with Vic
tor Eaianual as their chief: Tho state of
society ncoossary to form suuh govern
ments as we have in eighteen Stales of this
Union, cau only be secured wlioro nn un
tranieled press and free speech aro guar-
antics, and public schools and a free
(.lunch is secured to every inhabitant In
tha Commonwealth.. These institutions
the free Slates have to an extent unknown
to nriy government or people on earih;.
mid to them, more than to any otlwcaubo
are they indebted for their unsurpassed
development, and for that prosperity and
growth whloh have boon the wonder and
admiration of tha world. It is impossi
ble that luoh n people, living under such
government as is secured by the laws and
constitutions of the free States, no matter
what their former nationality may have
been,. should be otherwise than loyal citi
zens, or that thoy should bo otherwise
than tha tirmost defenders
and compromises on this continent, and
neither respeot or obey any law or judi-l
ciul decision that does not sustain their
impirioua demands for spociul legislation
and protection.
Trained in tho disunion school of Cal
houn, they reject not only the teachings
of tbo fathers, but the dootrines of that
Chtistianity whioh enjoins upon all.whoth
er uj individuals, communiiioe, or States
the duty of doing unto the least and weak
est as they would that others should do
unto them. Hence in all the slave Slates
tho constitutional rights of an American
citizen aro not respected; tho constitution
al guarantee for free spocoh and a free
press is t mockery; freo schools and an
enlightened Christianity an impossibility.
The laws to suppress tho slave trade aro
openly disregarded; and violonce and mob
law reign supreme. The laborers npon
whoso toil theso States exist aro slaves,
and have bcon declared not to bo citizens
though born upon tho soil, but simply
persons with no moral, social, or natural
rights, that tho dominant raco are hound
to r?spict, if tho mere fye dixit of the
Supremo Court is to be regarded as law.
Their obedienco and subjugation are se
cured by enactment and usages the most
barbarous and tyrannical ever known to
man. A reign of terror secures the obe
dience and cooperation ofthe poor whites;
and because of this submission, they are
claimed as loyal friends of the institution
of slavery. But their loyally is, in fact
a humiliating submission to tho privileged
class a submission as abject in most of
these lit teen states as is tho submission
of the most spirit-humbled slave. ' The
guarantees of tho national Constitution,
so far as they alioct tho individual rights
of an American citizens, aro denied alike
to all men who are not of this privileged
class or tluir open allies; and to be an
American citizen secures no protection
from insult and outrage unjust imprison
ment aud terrible punishments, nnd even
death. So complete is this rug 11 of ter
ror that no man can print, or speak, or
preach, or pray, unless he does it in the
manner prescribed by this privileged class.
incse two lorms 01 government and booi-
cty nro the antipodes of each other, and
cannot co-exist and peacefully euduro.
Thero must, of necessity, be serious con
flicts nnd constant struggles for ihe as
cendancy; and eventually the one must
give way to the other. There is' then,
an " irrepressible coiijlirt," as the distin
guished Senator from Mew York bus said
between tho two forces or forms of gov
ernment and society; and it will contin
uo until freedom or slavery shall have
completo domination in every department
of the Government'.
This priviledgcd class, wi'.h Calhoun
and his political disciples, have bad, with
the exception of ono or two short intei
vals, almost coniploto possession ot overy
department of tlio naiional Government
for tho past twenty yesr3. Taking ad
vantage of the well-know n Icyalty of the
pfoplo of the free States to the Constitu
tion ami thi- Union, and their habitual re
spoct for all laws and d cifions of the ju
dicial department of the Federal nnd
State governments, they have, by threat
ening 10 dissolve tho Union, and by ap
peals made in tho sacred name of Democ
racy, Bicnrcd tho co-operation aud aid of
thousands of patriotic citizens in the ireo
States who aro conscientiously opposed
to tho institution of slavory. They have
thus been enabled to obtain and keep pos
session of evory department of tba Gov
ernment, and so to shape its legislative,
executive, and judicial action as to foster;
build up, and extend this monstrous
wrong ol human blavery, and irako it a
national, instead of a Slate aud local in
stitution, it the Dred Scott decision is to
be taken and held, as tho President nnd
his party declare it is, tne correct inter
pretation ofthe Constitution.
I propose, Mr. Chairman, to show tho
House and tho country how ono depart
ment of the Government has been taken
possession ot by this privileged class I
mean tho supremo judiciary. I propose
to show that, while ihey hnvebcon preach
ing concessions and compromises to us,
they havo for years boon secretly and
cautiously at work to obtain complete
control of this important, ns well as most
dangerous, department of tho Federal
Government. That this department of the
Government is dangerous, 1 think tho his
tory of its usurpations since its organiza
tion will show.
Tho opinion.'! of somo of the ablest men
of tho Revolution many of whom oppos
ed tho organization ol this court with the
powers granted to it, and prodictiu wun
singular foresight tlio dangers to which
(ho rights of citizens and sovereign States
would bo exposed if it was established'
have been more , than realized. It had
been well for the present and future of
our country if the admouitious of those
who opposed the organization of this de
partment of the Government with its im
mense power had poen regarded with more
favor. It wore well even now for our fti
turo poico if tho warnings of Jefferson,
Mndihon. Henry. Funklin, Grayson, and
e crdii45l, a t.t)wSt lvUf UiMf4,5 UA(MUaHlMi JMia& ui- qtir th-
1 tlio World a tribunal whoso opinions judges to bo residents of the districts for
which they were respectively appointed,
or in which, by law, they are required to
attend courts; and, sooond, to repeal the
laws creating district courts and defining
their jurisdiction and duties: thus legis
lating your judge Kanes, Magraths, and
claiming to be Democrat.
' Mr. Chairman, tile elTort of Mr. Cal
houn to nlisl H the Southern StitUs io
his disunion movement of 1S32, under
colpr of opposition to tha tariff act of 1828
having failed", snd (he scheme exposed
aim eiicctuany crumied out by the bold
to Low. On failure to acquiesce in this
claim of prerogative, the Representatives
eluded Irom the Democratic party dnring
the Administration of fiat old hero, other
expedients wcro resorted to by Mr, Cal
For the first time in this hlxtorv ofthe
Gownruent under Mr. "Tyler's ndminii
traiiou, tlio opinion of iik-k lfcted tor
the Supremo , Conrt on tho .question of
iBverj weru mje aicst ol their promo
tion to 'that exalted position. No man
who was known to enlertain vlnws hostile
to the ititerest and political opihiDn ol
the privileged clasa represented by Mr.
Calhoun could bo nominated, or if noini
nated, confirmed to a seat on tho bench of
the 8uprerne Court. And two of the
present iudces Jnrtira Dnninl nf Virnin.
- 1 j. - ... r . . . ? . ? .. . - -
mo mm oeoikion 01 uoucrai jackionjaml and Justica Jtelnou, o( Ja .Voiiv-
u rn ocsperni inciton and ffieir leader ex- were
selected bv Mr. 'f vler. with tha r
proval of Mr. Calhoun, because of their
reputed fidelity to this class in'erest.
Having secured, by A;cidoiit, fhe execu-
houn to secure the accomplishment of his 'live branch of the Government, their next
of sovereign Slates are donounced on this j Joneses, out of office.
ot the Drinci-
plos which lio at the foundation of these
Slates, and tho jealous guardians of that
Cccstitution and Uuiou which our fathers ! other distinguished men, should bo hotd
floor by the leaders of this privileged class
as tMitors to the Government, und as per
jurers, who have sworn to support a Con
stitution they tntond to violate.
Aud here let me ask what there is in
this tribunal, composed as it is by nine
men, that should entitle it, as a political
authority, to . the veneration and unques
tioned obedience claimed tor it by the
present Administration party, any more
than to the same number of Senators and
Rej resentatives that might with case bo
seleciod as gentlemen possessing at least
equal, it not superior, legal and natural
abilities? Is there anything in the char
acter of these judges, in their services to
the country, 111 their learning or qualifi
cations as lawyers, that should entiile them
to the appollatiou of an ''august tribunal?1'
Is it not a fact, well known to every one,
that so far from this court being compos
ed of men of superior abilities, or tbo abl
est lawyers in the country, n mnjorily of
them wcro partisans, and selected bo
cause of their partisanship when placed
upon the bench? It is certainly a fact
not unknown to the Houso aud the coun
try, that men of better legal abilities,
whoso nomiuotion had boen submitted to
tho Senate for confirmation, have oficn
been rejected. The commUteo or, the
Judiciary, (a majority of whioh has been
pro-slavery for tho last twouty years,) to
whioh said nominations are always refer
red, have, by some means unknown to the
public, f-ucceedod in prevailing on the ac
ting President, ' whoever ' he may have
been, to withdraw objectionable nomina
tions.and substitute others moro accept
able for the purpose contemplated by them,
while some of the present partialis sf this
court were confirmed instead of those
whoso names were thus withdrawn or re
jected. Before I take my scat I expoct
to show that a purpose was to bo accom
plished by those who secured tho rejec
tion, on a direct voto for confirmation in
the Senate, of men of spotless characters,
of great learning, and eminent judicial
abilities, or their defoat by tho withdrawa
of their names by the President, at tho
dictation of this class interest. Debate
wns sought to be avoided on this delicate
point, that their ulterior purposes might
thus remain undiscovered, even in the se
cret archives of the United states Senate.
Sir, if the country could understand how
a majority' of those judges were placed
upon the bench, and (ho schemes resort
ed to by this class interest to secure men
to represent iboir views buJ intorests,
tho people would scorn their political de
crees, and tront their usurpations ns they
Sir, I expect In show that no man
whoso nomination has for years been sub
mitted to the Senale for confirmation ns n
judge of this court lias been rejected for
his want of learning, or charactor ns a
citizen, or ability as a lawyer; but that
they havo been rejected eolely on tbs
ground of their known or supposed un
soundness on tho quostion of slavery;
every man known to ontortaiu liberal
viows on that question being rejected; and
partisans, without the eminent abilities or
oilier requisite qualifications for the bench,
havo been nominated and eonfirniod in
their stead, dimply becauso they woro ci
ther supposed or known to bo reliablo on
tho quostion of sustaining the claims of
tho slave power in the judicial deciMons
hucii is tne extent to which tins scbemo
has been carnod and I regret lo say, suo
eesslully carried by the carelessness, or
incompetency, or criminal complicity, of
northern Senators, somo of whom have
had,- southcru plantations well stooked
with slaves, while claiming to represent a
fico pcoplo. 1 say but for the inrlilfrienco
or tho inability ol northern Senntors to
defend nnd guard tho interests of those
they wero commissioned to represent, or
their crimnnl complicity, this scheme
never could have been accomplished as it
has boon; for it required tho votes of
northirn Senators to do it, and by their
action or non-action this court, which in
former years stood so high in the estima
tion of tho American people, is now look
ed upon by the great body of citizens with
distrust, and regarded by many of tho
best men of the nation as little elso than a
partisan political tribunal.
Mr. Chairman, it is no pleasant (ask for
an American Representative to declare on
this floor, and to tho country, as I now
do, aud aa candor compels me to do, that
I havo lost all ooufidenco in, and veneia
tioii for, this Supremo Court; aud I could
wish that even before the tixpiratiou of the
next presidential term I could see ibis
Supremo Court reorganized, I winh I
oould see all lavvs repealed creating infe
rior L tilted States uiBtr'.ot ccurU, so that
we might be able to get rid of the whole
batch of these United States judicial otfi-
olals as summarily as the Republican
party under Jefferson got rid of theswarm
of district judges created by what is fa
miliarly kijownas tho midnight judiciary
net, passed on the night of 3d of March,
I St 1 1 . tox mv'.n we ctnnut deprive these
If new district courts are indispensable
let them bo carefully oiKanized, and the
judges be clothed with just a little power
and as limited a jurisdiction as possible
We should make business and the wants
of tbo country only a basis lor creating
districts; and not creato districts and of
fices for brokon down politicians, as has
been done to an extcut that would aston
ish Ihe couutry could it be known. As
anevidonce to this fact, look at the State
ofllorida; with less than half the popu
lation of my congressional district, she
has two United States district courts, and.
of course, two judges; Tennessee, three;
Missouri, two; and so ou to tho end of the
list. Sir, unless a man has carofully ex
amined this subject ho cannot conceive,
tnd even after an examination will be re
luctant to como to the conclusions, which
1 codIces I have, to wit, that the Supreme
Court is, as Jefferson declared it to be,
"a subtle corps ol tnanpers and miners,
constantly working under ground to un
dermine the foundation of our confederat
ed fabric." "They'nre constructing our
Constitution,'' he added, '"from a co-ordination
of a general and special Govern
ment to a general and supreme one alone."
leel couliJent that it these usurpations
of this court be not speedily chocked, the
rights of tho States and the liberties of
the pooplc will bo endanged; and the dan
ger is tho moro imminent, from the fact
that a clasb interest bavo secured the ab
solute control of this court; and having
socurcd it, now demand that the party
which they also control shall proclaim,
through their President!", nnd party con
ventions, and party press, the doctrine
that the political decisions of a majority
ol those nine mon are infallible and bind
ing upon the party, without the benefit of
an appeal to tho people. ' The extraordi
nary specUcIo is presented to the world of
a once great party, which cherished and
defended tho rights of the masses, having
been taken possession of by an oligarchy,
and the doctrine proclaimed that there
must be an uncontrolled nbsoluto power
in tho Government somewhere, from which
thero can bo no appeal; and that power
thoy claim to-day must ' be vested, not in
Congress, or in tho States, or in tho peo
ple, but in the nine men who constitute
this Supreme Court. '
Sir, the Republican theory h, tha the
government is not the master, but tbo
servant. Every dopnrtmer.t was created
by tho pcoole, not lor tho benefit ol any
class interest, but for the safety and hap
piness of the whole, and every department
is subordinate to their will. Government
is but a means to an end, and whenever
it ceases to answer the purposes fur which
it was erected, the people can alter or
abolish it.
Sir, neither tho executive, nor judicial,
nor law making power js supreme. The
Constitution is above them; and the peo
plo, who nndo the Constitution, and vest
ed temporarily the authority ol enacting,
executing, and adjudicating tho laws, are
above and superior to all. This absolute
power, thereloro, claimod for the Supreme
Court by tho Administration party, must
bo resisted, because thero cannot with
safety be any department of a republican
Government from which an appeal to tho
people cannot bo taken. If thero is an
absolute power in any Government that
is above und superior to the people, it is
a despotism. In an oration delivered by
John Quinoy Adams, July 4, 1831, and
cited by Judge Story in a note to section
208 of hie CommcnUrieB, he says, in re
ferring to this lubjoct: ,
;"It is not true, that, thro must reside
in all Governments an absolute, uncon
trollable, irresistible, and despotio power;
nor is suoh power m any manner essea
tiul to sovereignty. Uncontrollablo pow
er powoi exiBts in no. Government on
earth. Tho sternest despotisms in any
region, nnd 111 cverv ao ot tho world, aro
and havo been under perpetual control.
Unhmitdd power belongs not to man; and
rotten will bo the foundation of every
Government leaning upon such it maxim
for its support. Least, of all can it be
predicated of a Government professing to
bo foundod upon an original compact.
Tha pretense of an absolute,' Irresistible,
despotio power, existing iu overy Govern
ment somewhere, is incompatible with tne
first principles of right." . , . ..
Sir, these well-considered reflections,
made by ono of the wisest and best states
men who since the days of Washington
adorned and dignified tnd the presidential
luce,-are well worthy of the serious con
sideration of tho peoplo at this important
irisis 111 the htotory of our country; when
a great, party, who h&ve nad posession
of the Government,haTe doctored through
their present Chief Executive that there
is a power in the Government to whioh
every department mustyield.and to whose
opi.iions.the paople of all political parties
must give implicit obodieuec.
Theanti-Demorrntierloctrinewas broad
lv announced bv Mr. Buchanan in that
ioflkuh; of theu life teuuie'i. or ti'.ljj by uioat remarkable paib.10 in bis la'.o an
cherished purpose, namely, either a disso
lution ot tho Union md the organization
of a southern tlavcholding confederacy, or
the recognition of the present Government
of his theory, that slavery is recognized
by tho Constitution, and that Congress
had no power toabolish or exclude it from
the Territories, or the District of Colum
bia, After the election of Van Durer. to
the Presidency, Mr, Calhoun and his fol
lowers were again received into a kind of
quasi fellowship with the Democratic
party and supported the leading meaiares
of that Administration. The cinreaa
ground upon which this support was civ-
en.was the ollcged fact (hat Mr.Van Huren
was disposed to favor Mr. Calhoun's the
ory that the Constitution of tho United
States rccoirnizid pronertv in man.
Whether such were Mr. Van lluren's
views, or not, I am nnable to say; but
certain it in, that he pledged himself in
his inaugural address unasked by the
Doruociatio party, to veto any law which
Congress might pass abolishing s'nrery
in the Dnvrict of Columbia; and before l.e
had been one year in tho presidential of
fice he acquired, for the first time in the
history ot tho Government, the unenvia
ble appellation of a "northern man with
southern principles."
Failing, however, to secure tho open
indorsement by the Democratic party of
that day of the favorite theory ofthe slave
power, Mr. Calhoun hit upon the plan of
getting possession of tho Supreme Court,
Because it is a power the furthest remov
ed from the people.it held in great es
teem by them, and such acts of aggres
sion as Mr. Calhoun contemplated, it
committed by the Supreme Court, be
knew would be so quietly done as to ex
cite no alarm and pass almost unnoticed.
In the scheme, as tho history ofthe
country will show, Mr. Calhoun was suo
aessful. Let us look at this point a few mo-
The Supreme Court was organized bv
an act of Congress passed on the 24th of
bepterabei, 17a!!, by which act the court
was made to consist of one chief justice
and five associates.
By an net of April 29, 1802. districts,
(each State being then called a district,)
were formed into circuits, as follows:
"Tho districts of New Hampshire, Mas
sachuseits, and Rhode Island, shall con
stitute the first circuit
"The disirictsof Connecticut.New York
and Vermont shall constitute the second
"The districts of New Jersey and Pcnn
sylvnnia shall constitute the third circuit,
"The districts of Maryland nnd Dels'
ware shall constitute tho fourth circuit.
'The districts of Virginia and North
Carolina shall constitute the fifth circuit.
"The districts of South Carolina and
Georgia shall constitute the sixth cir
cuit. It will bo noticed that this law gave
tho North and South each three judges
and thrcs circuits.
By the act of February 88, 1307, the
Supremo Court was made to consist of
seven judges; and the seventh circuit com
prsed the States of Tennessee, Kentucky,
and Ohio.
By act of 3d of March, 1837, two ad
ditional judges and southern circuits were
created, and the districl of Ohio delaoh
ed from the circuit of Ken lucky and Tenn
essee, and the seventh circuit maae t)
consist of tho States of Ohio, Indians, Il
linois, and Michigan. In this aot it was
doclafed that "tho districts of Kentucky,
Tonnisscc, and Missouri, shall foim, snd
be called the eighth circuit;" and "the
districts of Alabama, Louisiana, Mississip
pi, nnd Arkansas, shall form, and bo call'
ed, the ninth circuit. ' "
I)v the creation of the ckrhth snd ninth
circuits, the South, with less than half
the population, nnd not more than one
fourth of the business in tho Supreme
Court, obtained a majority ofthe judgos.
Since the organization ofthe eighth and
ninth ciicu'is, tho fre States of Iowa,
Wisconsin, California, Minnosota, and
Oregon, havo bean admitted into the
Union; and although these States con
tain a population, and havo an amount
of judicial business equal at least 10 one
third of those ot the emirs n teen siave
Slates, thoy have not been erected into or
attached to judical circuits', and have no
representative on the bench of the Su
prcme Court. . The reason for refusing
or neglecting to place these States upon
an coital foolinir with the new soutriweRt-
in Glutei), whose ronulations are far
less, will be manifest, 1 trust, before 1
trot ill roil oh.
When Mr. Tyler, by death of Gen
eral Harrison, beoaine President, and
iiPtfnW fhe naftV which elected him. by
throwing himself into the arms ofthe dis
of (he Democratic party, and
placinc Mr. Calhoun in the office of Sec
retary of Slate, for tbe purpose of acquiring
Texas, a point was gained by this faction
which they have not only neverlost.but hav
ing secured the control ofthe succeeding
Administration of Mr. Polk, they havn ad
vanced with rapid strides from a small
and once powerless minority; as ttey
wcro when treated as Geneial J.vAson
step was fi obtain and kep control of
the Senate committees, especially the Ju
diciary,Cominit'e, to whom all nominations
for the Supreme Court are r.ferred; and
as a result of this pulicy, the Judiciary
Committee for the last twenty years has
been completely in the hands or this fac
tion. The following (Senators were mem
bers ofthe Jaiiieiary Committee at the
time of Which I am Speaking. Ashley of
Arkansas, chairman; lireese of Illinois,
Bcrrine of Georgia, Westcott of Florida,
and Webster of Massachusetts Thty
011 the bench,
whiu,h the pres
ent nine circuiii art constituted, in oder,
as mast b.e apparent t everrtono Uo se
cure a majority of the. Supreme Court
judge to the South, is not .'of itsttr sulli-
cient t.isattaljr any impartial mind of thu
covert tlviitrrjavjfhost rHf'dnlrol and
dicate tho policy of the Democratic party,
a glunc at the population of 00 e or tw
of tho judicial circuit, and the -business
before tba court, - will satisfy the most
skeptical that this inequality is not tho
leault of mere aoeidoni, but of a deliberate
welMald, persteBt,ly-ptirBd enema.
. Tako the population of the ninth circuit
composed of the 8tales of Arkansas and
MiMMipi, and rontparerit jalih thav.
enth, Judge McLean's circuit, which com.
prtww the States of Ohio, Indiana, Il
linois, and Michigan. The ninth circuit,
Justice McLean's contains over six mil
lions. 'I he second circuit Justico Nelson's
composed of tne Sfatea of New York,
Conneticuf, and Vermont, contains over
five millions of freemen, while the fifth
circuits, Justice Campbell's, composed of
tne wales 01 Louisiana and Alabama, has
but little over a million white inhabitants.
, a
What justification, excuse, or apology
can tha members of the Democratic party
in the North, give for this shameful neg
lect or betrayal of the interest of their
Let any impartial man answer the qneS'
roeominended tho confirmation of Robert jtion, "how ought these circuits to be con-
j. oner, ol I'hiladelphia, nnd the rejeo- stituted? and he will answer you, "in
tion or withdrawal, by the President, if! proportion lo the amoant of business
not of each of the following names, all done by each judge of the several cir
leastofsuch men as John M. Read. E 1- cuits." If this, iuat principle should be
ward Key, and George W. Woodward, of adopted; and ' will soma day be adopted,
Pennsylvania, who Were severally nom- jand the averaged business of the present
inated and rejected or withdrawn becauso !iivo southern circuits should constitute
ol their known opposition to slavery, aod the bas:s for creating now judicial circuit!
ineir teiiei mat congress bad tho powerland judges of the Supreme Court, the
under the Constitution, and that it was j North would bo entitled to at least four
their duty to abolish and prohibit slavery 1 teen or fifteen more circuits and judifcs.
in nn national ierritons. wunoui inciuuin" tne Mates 01 lows. Wis-
During Mr Fillmore'a administration consin, Califjroirt, Minnesota and Oregon
the Judiciary Committeo recommended which I have not included in the calcula
ble rejection or postponement or with- tion.
drawal of the nomination of E. A. Brad- Why is i'. that this inennaiitv is feer.
ford, of Louisiana, one of tbo most dis milled lo rontinue? 'Why is it that the
linguished lawyers of that Stato, and also I Representatives of tho so-called Democrat.'
the indefinite postponement ofthe nomi-ic party from the North have not long1
nation of William C. Mieou of ihe same airo moved to aualite this department of
State, on the tatrt Juuthe nomination uai : the Government: and obtain for their enrt-
sent to the Senate. Mr. Micou wat. at that stituenU n representation bn the bench
time a law partner of Senator Benjamin,
01 tiouisiana, and a distinguished mem
ber of the bar. Ihis was dibposiog of a
man summarily. These nominations were
equal to their numbers, business, aod
wealth? '
To say that all fh's is the result of ao
cident, and the unexpected increase of
inaue vj air. r iiimoro, as was also the population in the North, 'a a mockerv. I
nomination of Hon. George 15. Badger, ofi tell, you, as all reflecting and observing
uv..,, v.,,,,,,, coiiurinuuun waa men w-uo AT0 not psrtigaDS Will tell vrju,
refused and the consideration of it post
poned on the recommendation of this com
mittee by a test vote of 26 to 25, simply
becauso he believed, with Henry Clay,
that Congress had the power to exclude
slavery from the Territories. So close
was tnis vote, that tho slave interest wereiaU the StaieR and Territories of
compelled to telegraph to Alabama tor pabho,
that it is but jne of the many schemes to
which the democratic party, since its rur
render to the Calhoun faction, has lent'
the use of its great name and influence to
establish and make permanent and uni-
verral the institution of human slavery in
this fib
senator ritzpairu-K to come on and aid in
bis defeat by postponing the considera
tion of the 6ubjtt until the inauguration
of Mr. Pierce, who at that time was elect
ed. Aftet Mr. Pierce came iuto office he
submitted the name of John A. Campbell,
of Alabama, and he was confirmed. This!
committee were Butler of South Carolina,
Downs of Louisiana, Bradbury of Maine,
Geyer of Missouri, and Badger of North
Carolina. It will be observed that on
this important committee but oncuioniber
was from the frea States, and he a sup
porter of tlio Administration.
How manv ol the best and most distin
guished men hnve been rejected during
the past twenty year?, after having been
nominated for seats on the supreme bench,
tho public have no means of deiermir.itg,
as the official action of the Sente is lock
ed up in tha secret archives, into which
the people are never permitted to look by
the leaders of the Democracy, for fear of
being callt-d to nn aocouut for their base
betrayal of the interests and wishes of
their constituents. Many things have
been said and aone in tne secret sessions
of the United States Senate, which, if
made public at the time, would have
Consigned the utlerer to the shades of pri
vale life, and the parly to a hopeless mi
nority. This practice of holding secret
sessions of the Senate is a feature in our
system of government for which I have
no partiality, and for which; there is, in
my judgement, .110 justification, except
porhaps when the couutry is engaged in a
foreign was, or discussing the proposed,
ratification of a treaty. No business
touching or affecting the interest of the
country at home should be done in secret,
and kept from the people. The following
arc some of the names which I remember
although there are doilbtless more( ofthe
persons who have been nominated lor
places on the supremo bench and either
rejected or their names withdrawn John
t. bpenoer, of SSvr lork, liuoen Wal
worth for manv years chancellor ot lliu
State of New York: Edward Key. Oeo'go
W. Woodward and John M. Head, of
Pennsylvania; E. A. Bradford and Wil
liam C. Micon, of Louisiana; George E,
Bad''ir. of North Caiolina, and others
whoso nainoa I cannot uow recall. v
And in the places of such distinguished
jurists and most Wortny anil learned citi
zens, We nave to -any, is tne result ana
success of the I alhomi conspiracy, kel
son of Nw York, Grier, of Pennsylvania
Campbell of Alabama,' Daniel of Virginia,
and uniiora 01 Name; somo or wuom
cerlairflv Would never hive been thought
of for a soat on the Supreme bench, but
for their loyally and devotion to the in
terest and wishes of the slave power
To the political opinions of a court thns
constituted. the people 01 tie united states
are called upon by the President and tb
so-called JJemocratio party to oow in suo
mission: and afe denounced as traitora to
the Constitution and the Union, unless
they yield up their political views, and
embrace those of a majority of this packed
and irresponsible tribunal
If Hi neglect to orgauize the five free
StLtia I bsvo namad i.110 cwcalts", ud
Mr. Chairman, the time was. and that,
too, within the memory of many members
on this floor, when slavery was regarded
and admitted by the majority of the A-
merican people, by men of all parties, and
all religious creeds, to be a moral, social,
and political evil, from which It was thj
duty ofthe 8tates to free themselves as
speedily as possible, and for ,whosa exist-,
enee and continuance the national Gov
ernment should in no way be held re
sponsible before the world. Now all this
is changed; and a great parly to-by thro
its Rpresentatives in . this Hall, with,
here nnd thero an ' exception, claim that
slavery is a moral, a Christian, and desir
able political institution, established by
the Great Supreme for the happiuess alike
of the white and black inces. And not
only this, but ihey claim that the nation
al Constitution, which our fathers declar
ed they ordaine 1 lo secure the blessings
of liberty, carries, sustains, and protects,
of its own force, the right of tbo master
to the pet'dn and service of slave on eve
ry foot of soil, and wherever floats the na
tional ensign, save only in soveieign
States where, by positive enactments, its
existence is prohibited: in other words.
that slavery is a natural, legal, and uni- .
versal relation. And freedom unnatural.
exceptional, dad local, and only made ex
ceptional by the exercise of arbitrary will
ol the electors 01 sovereign e tales, ex-'
pressed in the form of positive legislative
in Kitvittivrt TrTtaiAH 1iia nn. j . n A oil tMrrlit
lUfai unit' 11 1 ju veil 1 11 10 or,uuv.4 a-f
unsustained as it was by any rcspectuble
number of men from the organization of
the Government until tho birth of the Cal
houn pirty, in 1844, has becomo tbe car'
dins) poiut iu tho Democratic creed.
This desperate faction was unfortunate
ly recognized And negotiated with at that
time, and lis leaders succeeded in making
a secret treaty with the recognized chief
01 die ueniocrauo party, irom tno Daa 01
feets of which the party never recovered.
Since that time this mere faction a clique
that twenty years ago could be easily num
bered have been constantly gaining ill
power and strength, until at last they rave
been able to force from the party am au
thoYilive recognition of theit doctrines.
Tlwy have baptized them id the name of
Uemocrscy; and from tins time lorwaru
not only are the living principles of iho old
Democratic party to be ubandoned.but the
doctrine is to be maintained that the Dred
Seolt decision is the tfue interrelation of
(he Constitution; that tho logical result of
that decision pretests the people of a sov
ereign State from excluding slavery. " '
XiTA young musical prodigy is altraiit
ing a good deal of attention in the vicinity
ofSfllern, Massachusetts. A little girl
aged three years and seven months, who
plays upon the piaoo more than fifty spar
ate airs, having composed two or three
herself. She It.trns very readily ; can play
in the dark or blindfolded. He name ia
Martha 8. Siory, 2d, ofEsite., Mass. Ehe
had exhibited her wonderful taleuta orv
several occasion to the groat tritettain-'
meat ol hi.- iniuitoio.

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