New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-06-14

SPEECH OF Mr.. TRUMBULL OF lLL.,
In the Senate Oh June 8, on the Bill TO Annex
Kansas to Nebraska

Mr.. President, did not deSsu 10 Dc drawn INTO s
discussion on the question which has been rsssi.
asked leave 10 inir,duce the bill, and preferred TO
postpone the general discussion until should up
regularly in lis order but or NO propositions
bter laid down by my colleague 10 which Wish to al
vert have heard that he laid down similar prpposi
iions elsewhere bu, Die suppose be would ever
lave the coursge 10 avOw them upon the ipr Of the
Senate. threw OFT the suggestion that the people Of
ksL,ss and Nebraska did rot possess the power OF self
govermen NJ, because they could not elect their Cow
en- or sppont their judges, dsrcts;tOrneys
shas. lnIepy 10 that sugg, son understood him 10
say that the msrha ges ofihe Cut@d States courts
sid the dis,rct-s'tOrneys, in the States, were ap-
poil ted by the President. then understood him to
say and DO Dot wish TO misusierstani him that the
JURISDICTION of the judges Of The Territorial courts
the a., shd than, that of tae judges
of the United States Courts in the States. under
stand, Sir that the Judges of the United States Courts
in the States Of this Union have par, ulsr jgris-
oicton only conferred BY the Constitution of the
Uuted States, and extending TO cases arising under
the laws q the United States. or where the Caited
states patty, between citizens OF different
States. Those affecting ambassadors, and he few
other cases; but they have No general jurisdiction
either Of criminal Offenses or civil suits between ct
zens Of the same State Does nos my colleague know
that the Territorial courts have jurisdiction OF suits be-
citizens of the same Territory and that other
c, urts have can have such jurisdiction Does he
not know that the Territorial Legislature hiss power
whatever Il confer upon any other court than those
tablshed by the organic act, jurisdiction over suits
beteetl the ctlz' of the Territory IL be does not
IT.
reading part Of the twenty seventh section OF his own
kansas act:
AID B. (y,tae, ensed Thai the adea power Of .,d
Probsie Courts and IA Justices Of the Peace y
There is the whole judicial power and the Legisls-
has authority to create any other Courts Ia the
Territory of KaDsss, az my colleague well knows:
Now, who appoints the Judges OF the Territorial
Supreme COuIt Tun ~ sOotler section OF tals act,
and you will observe that the authority to appoint these
Judges vested in the President OF the United Safes,
by and with the advice and consent Of the Snate.
ho appoints the Judges OF the District Courts Of toe
Territory of Kansas The President of the United
States. 1t is the Judges Of Probate snd Justices
of the Peace are appointed by the Territorial LsgIs-
atare, or the Legislature rovies for their appoInt-
Mt but what jurisdiction have they got Tue Pro-
bate Court you well know, has jurisdiction of tesla
mentary maters--the settlement of estates. The
Senator's very act declares that Justices OF
the Peace shall mt have jurisdiction To an amount
.x eding sOO. All judicial power, except that vested
in the Pobat. Courts relating the settlement of
taes and that vested in Justices Of the Peace, which
cannot exceed $780, is lodged in the Supreme and Dis
trict Counts of the Territory of kansa+. Yet my col
League has the assurance to rise in the Senate and say
that the Territorial courts in Kansas organized by hs
act have no other jurisdiction than that conferred upon
| the United States Cour's in Illinois or New York.
| Why Sir, his bill condemns him. They have all uyis-
dction and the Territorial L. gslsure has no power to
place Il esewheie excerpt that which belongs 10 j us
iices ofjhe Peace and TO the Probate Courts. Toe
Supreme and District Courts the only courts into
matters where the amount in controversy exceeds $780,
They are the only tribunals before which offenders
be brought. They are the tribunals before which the
lives and the liberties and The property OF the cit.
| zeps of Kansas are at stake. Does the Uolted
States Court in Illinois have any such jurisdiction
am utterly astonished that such presumption should
be set up here upon the floor Of the senate IN the face
of this act But, Sir the attempt Is made to asslmi
late Territory to State, and to say that the people
# Territory have the rights of the people OF Safe.
| The idea is preposterous. My colleague in comment
ing on the officers appointed in Territory lett out the
Governor. Who appoints the Governor Inc Pres-
dent Of the United States " hat sort Of power has
| hel He Ia part of the Legislature. The Kansas bull
gives him veto power aud provides thai, whenever
he yetoes bill passed by the Territorial Legislature
it cannot become law unless II be repassed BY two
| thrds Of each branch Of the Legislature. l believe
there are in the Council thirteen members and in The
| House Of Representatives twenty-five members. Let
| Inc suppose then, that act Of the Legislature il
| passed by the two Houses of Kansas and is vetoed
| by the Governor; it comes back TO the people;
representative, and eight out of the thirteen
representatives vote 'or i; yet the bill
is defeated The whole House of Representatives and
eight of the Counclmen cannot pass bill in the Ter
| ritory Of Kansss when all the people are clamorins
for IT, if the Governor think. proper to put his veto
upon Il. This IL the boosted principle of self. soy'
rrumentr But the Senator say. the principles OF the
Ksrsas Nebraska act are understood everywhere
alike and tells to 90 to the Cincinnati Convention
| if wish 10 understand H. Why, Sir, this matter IL
| covered up in the Cincinnati Convention very much rs
il in my colleague bill to oganize these Territories
! The Cincinnati resolutions have not said whether
Shareholders have the night to take slaves into these
Territories. II is true they have said that the peo-
Die of Territory when they come to form State
| Constitution, preparatory to admission INTO the
! Union have the right 10 establish or prohibit
slavery leaving it TO he inferred that, before that
tine. they have such right. II seems they had no
difficulty in coming To ths conc uson. My colleague
Las no sort of difficulty in deciding the constitution al
question a. To- the right of the people OF IerrltoSy
| hey
Libu Slavery. He is willing to make that Infringement
on the province of the Supreme Court Now, vii he
tell me whether they have the nga Detore they orin
State Constitution II he Is Wiling 10 give MS opin
iU and have the weight OF his nfaence bear upon the
Supreme Count in its decision Of the question AS 10 the
power Of the people when they come TO form her state
Constitution, preparatory 10 admission iheo .no obo
wby will be not give his opinion a. 70 theu Ilg IL
while they remain a Territory and through their ieni-
tolia Legislature Sir, We have been told here that
ore party in this country was lowering lis nag, and
cared Dot lite principles. ain hot gong I'd ac-
| cuse any one Of skulsiDg away from an ayowal Of
| priaciples; but / should ike Ia know what are
The principles Of that party which never lowers IL nag
| You give Us you opinion on inc c9nsu.u'Iolai
question of the hight Gf the people Of Territory 10
prohibit or introduce Slavery al one period OF their ex-
| it.pce. Why lot at another! Ny colleague can
spend day. il arguing the power OF Congress 10 estao
lsh territorial. government he can staiy the Consti'
tuition until lie derives That power from the clause au
thoyiIpy the Admission Of States into the mon.
| III. can ind the power there where think but few
others can perceive it. h. has no trouble IN deciding
that col stitutiousl point. How DO you know but that
the act e,tsbshirg tie Territories OF Kansas aAd Ne
brssk will come in review before the Supreme Court
Of the United States ard did be mean
sway that Court BY he P9T ,n9, Hh; .Ses
| II comes up by dedueiDg the power TO
| create territorial governments from particular
clau,e Of the Conrtut' How L it that h. can give
ind0r@p, hire ON al these const tutona questions;
by, uh,u he comes 10 tie very one about which one
a. inon il proclaimed in the North aud another IN the
south he say. be has 10 opinion. 60 into the Sd
prene Cors,t We do not wish 10 PREJUDICE me qnes-
| - a.