Washington sentinel., 1854-05-30
Wasbingtnn gentinel,
NEBRASKA AND KANSAS.
SPEECH OF SENATOR DOUGLAS,
OF ILLINOIS,
III Senate, Nay 25, 1854.

Mr. DOUGLAS said:
Mr.. PRESIDENT: / can assure the Senate
that have no disposition, at this late hour, to.
iniict upon them speech. / must be per-
mitted, however, to say few words in reply to
the extraordinary course of remark which mas
been INDUCED in this evening by several SEN
ators.
The senator from Ohio Mr.. CHASE has
called the attention of the Senate and the coun.
try very emphatically to the fact that, on a
former occasion, he proposed, as an amend
ment to this bill, that the officers, who, by the
terms of the bill are to be appointed by the
executive, should be elected by the people of
the Territories; and, because his amendment
did not prevail, he argues that there is par
tial abandonment of the great principle of self
government upon which the bill is founded.
/ have heard this position taken before and
elsewhere, with the view of impressing the peo-
pie of the country with the idea that the bill
contains radical defect, involving departure
from the great fundamental principle which
constitutes its chief characteristic.
Now, sir, wish to remind the Senate and
impress upon the attention, of the country the
striking fact, that every Office in the Territories
of Nebraska and Kansas which is local and not,
national, every office the duties Of which are
territorial and not federal in their nature, is by
the terms of the bill to be filed by the people
in such manner as they shall prescribe Though
their representatives in the territorial legisla
lures. In this class is embraced the great mass
of all the judicial and ministerial officers of the
Territories. 1t is true that there is another
class of officers, very small in number, not ex-
ceeding seven, Fbelieve, who are charged with
federal duties, and are consequently made re-
sponsible to the federal government. This class
of officers includes the governor, secretary,
United States judges, district attorney, and
marshal. As the greater portion of their duties
are federal and affect the interests of the United
States in much higher degree than those of
the Territory, it has always been the practice
to pay their salaries from the national treasury
and have their appointments emanate from fede.
raj authority.
The most important and delicate duties usu-
ally devolving upon the governor Of territory,
are those relating to the management of our
Indian affairs, making treaties, paving annui
ties, disbursing moneys, and enforcing the in.
tercourse laws with the different tribes. The
peace OF the country and the safety of the from,
tier settlements often depend upon his pru.
dence, discretion, and frmness. For the faith.
tnl performance of all these duties, and, in
deed, OF all others of federal character, he
must in the fitness of things, be made respon-
federal government. How is this accountability
to be rendered efectual, except By the power Of
appointment and removal? The secretary is
the disbursing officer of the federal govern
ment within the Territory, and in contempla.
ton of law IS the agent of the Treasury Depart.
ment for that purpose. He is charged with the
payment ofthe general and incidental expenses
of the legislature and with the proper applica
tion of all other moneys appropriated from the
national treasury for expenditure in the Terri
tories. Hence it will be observed that the
secretary OF Territory is, from the nature OF
his duties, United States officer, and not a
local officer of the Territory. For these reasons
the bill for the organization of these Territories
provides that the governor and secretary shall
be appointed by the President, with the advice
and consent of the'Senate, the same as all other
United States officers, and in the disbursement
Of the public funds, shall be responsible to the
Treasury Department.
Pursuing the same train Of argument, the
senator from Ohio complains that the judges in
these Territories are to be appointed by the
President and Senate instead of being elected
by the people. Does not that senator well
know that the Judges provided for by this bill
are United States Judges? Does he not well
know that judges of the same class in the State
of Ohio, and every other State. are appointed
by the President and Senate? Does he not
know that, under the Constitution the United
States you cannot refer the election of United
States Judges in the different States to the peo.
pie OF those States Knowing these facts, as
every lawyer of his rank should know them,
why should ne make this point now against the
bill, and in mode calculated to leave the i'm
preston upon the public mind that in this re-
spect there is a departure from the principle on
which the bill rests?
Mr.. CHASE. Will the senator from Illinois
allow me to interrupt him for a moment?
Mr.. DOUGLAS. Certainly.
Mr.. CHASE. The judges of the territories
have been held by the court which sits in the
chamber below us | suppose, and certainly
they have been held by the Senate here, not
to be judges "of the United States; !" but to
be appointed by the government for limited
terms. removable at the pleasure of the Presi-
dent, and therefore not constitutional judges
but simply legislative judges. / think the
Senator is very well aware Of that.
Mr.. DOUGLAS. am very well aware of
what the Senator from Ohio alludes to. But
when he speaks of the tenure of their Offices or
whether they are, strictly speaking, judges
under the Constitution or under the law, that
does not reach the point which was arguing,
nor establish the objection which he made.
~ oAc y hilcu NOTWITHSTANDING
their tenure ofofice. Whether they are Judges
under the law or judges under the. Constitution
does not alter the fact that they are United
states judges. They are charged with the
performance of the duties conferred in the
different States upon the circuit and district
courts OF the United States. The Jurisdiction
conferred on them by this bill, is the same that
IS possessed in each OF the States of the Union.
by the circuit and district courts Of the United
States. Being invested by che bill with
that jurisdiction, being charged with the ner.
formance of the same duties in the Territories
nre performed by the United States Judges in
the States, is it not proper that their appoint
lnent should emanate from the same authorityp
The argument of the senator on thi. point
would require that there should be change in
the mode of appointing federal judges in the
States' and that they should be elected by the
people OF the different States If the argument
De vaiid when applied to the Territories, it is
equally valid as to the States. wish the Sen.
ate also to bear in mind that the bin contem.
plates other courts besides those establ;shed
by it, and the judges of those other oour,s a.,
to be appointed in such manner as the leg;sla.
Two ON ~ of tbn