The daily union., 1856-12-27
CITY OF WASHINGTON SATURDAY MORNING DECEMBER e. 1856

such manner but also such time may not be ncon-
sisent with the constitution. And they agree that II
question arises either 70 the character OF any particular
regulation to the competency Of the legislature TO
make IL II is judicial question 10 TO the courts and be
decided by reference tho bill for the bill contains
nothing about IT, but according to the principles of the
constitution Up to this point there Is no Disagreement
among the friends Of the BILL and all agree that at this
point the bill stops. ...N
The question remaining to be decided s. whether,
cordng the principles OF constitution, legislature
Especially of nchoae Territory can make fundanen-
tai reg latons aboishng existing rights of prope ~ al
ready vested in individuals under State constitutions
admit that this point there is Inference OF opinion
but all willing abide by the decision OF the Supreme
Court and the Kansas and Nebraska bill throws
light it and never pretended decide it, the gentleman
from Kentucky might well charge US with differing In
construction Of act referring case 10 the Court OF
Claims because may dies IN opinion as TO now the
Court ought TO decide the case
Gentlemen on the other side ask us tauntingly what
opinion the President elect enterains on these points,
undertake 10 say without having any special knowledge
the subject he the Kansas and Nebraska
bill as and all other democrats construe It, What opn
ion he enterains the judicial quest on, do not ow
1t important for the country TO know and gentle
probably doomed to remain in ignorance the
Executive is restrained by the fundamental principles OF
our government from endeayorng to influence by the in
rusion Of his opinions and Wishes the action OF the judi
cial deparL ent question pending or likely to be
brought before it.
can tell gentlemen however what think the Supreme
Court will decide and have been 80 emphaticay
challenged from the other side feel no hesitation in do
ing So II the result should prove me to be In error
will only to be- what the clients OF much better
lawyers have often to their found them to be- fall
ble in my judgment of the law. My opinion is that the
Supreme Court will decide that the establishment of what
shall be- and what shall not be- propertywho shall be
citizens and who shall be saVesis part OF the original
compact under which individuals enter into society that
that original compact must precede and does create gov
ernmen of which Legislature is but one OF the parts
that this original compact must be made by and pre-
sumed to have the assent Of the individuals composing the
society in their separate original sovereign character In
England it unwritten and undigesed IT is found in
Gharta pf R0ht in
and alluded in acts of Parliament axioms announced
by popular leaders and embamed by popular approval
the tumutuous demands of rebeous masses and the
ucant assent of humbled kngsal spread through the
history Of thousand years Such is the original com
pact Of England unwriten and unsubscrbed yet known
TO her statesmen and binding her rulers
This shadowy and mythical thing is the original COM
pact establishing the rights Of property and the relations
Of to man. and the Parliament of England the
preme legislature Of he Kingdom dares not alter one Of s
provisions usurp OF the prerogaves OF those who
established it. In the United States the original compact
is set forth in written constitutions accurately and exactly
setting forth the powers to be exercised by government by
the legislature by the executive, and by the Judiciary
which with US constitute the government The basis Of
whole system OF repubcanism is that powers spe
cay granted reserved to the people, and that changes
of the fundamental policy Of State only be made by
the people themselves in their sovereign capacity through
representatives specially elected for that purpose No
has attributed to legislature in this country
reigny, right to do what it Wills After the
ton has declared that particular obecas landshal DO
subject to be appropriated property is the province Of
the Legislature 10 provide rules Tor appropriation
regulate the incidents of such appropriation and to pro-
and the possessor in its enjoyment But the
legislature that should 10 declare that land should
longer be appropriated to the separate of ndvId
uas but should be free air TO every who should
choose to get upon IT. would be laughed at aiming 70
transcend its powers. Legislature cannot except
special grant of power in constitution exercise Of
those powers usually considered making the aggre
gate of sovereignty much less IL control and regulate
at Its will and annu the rights of property the establish
Of which is supposed 70 be the FIRST OF ndi
eating that he is smetging from barbarism.
| may be reminded that States Of the Union have
abolished slavery by legislative ensctments Such
by States may be consttu utonalI incline TO the
opinion that they are not where the constitution OF the
State does not specially grant power But the assumption
Of such power by the legislature OF sovereign State
soveegn to its domestic concern deriving its author
fly from constitution framed by. the people might be
Sustained without Its following that the power be-
longs territorial legislature which derives Its existence
and all It's from an act Of Congress constitutes part
OF government never sanctioned by the people confessed
temporary In its character and liable to be altered &C
abolished al moment by act OF Congress and possess
ing more of sovereignty and less OF independents than
ordinary moneyed corporation.
That such body possesses power to annu rights Of
property acquired and held under the common law and
constitutions Of fifteen States Of the Union appears TO
proposition too nonstrous 10 be entertained for
in nation not prepared to revert TO barbarism and
ehy.
This Is question OF the respective powers OF the
State and federal governments IL Is question Of the
relative and respective power Of the legislature the
side and the sovereign people the other II Is
ct between the consttution-mAking power and the law
making power. On the side stability security
conservatism on the other are change chaos and agra
rianism.
lit within the scope Of the legislative power
abolish slavery then what gentlemen pleased TO call
squatter sovereignty Is thing in the government
The bills organizing territorial governments In Utah and
New Mexico, for both Of which believe the gentleman
from Kentucky Mr.. II. MARSHALL voted, and both OF
which were signed by Mr. Fillmore provided as follows
Csc G. That the legislative power Of said Territory
shall extend 70 all righd sees o sgi'ia,oH consistent
with the constitution Of the United Sta and the provisions
Of this act"
The same phrase occurs In almost II nof -. - -.
Territorial aots ever passed ov o. r. Ss sba,on
rto--' --osaui subject OF legislahonT AL tne ter-
have conferred on the legislatures the power
abolish H. fi Is not rghtfu subject Of legislation
but belongs the consttuton-makng power then the
Kansas and Nebraska act does not confer the egsa
tnre power 10 abolish It. Gentlemen who have voted for
snch territorial who have voted for Mr. Fillmore may
take which horn Of the dilemma they choose either
the Kansas and Nebraska act does not contain the pnc
pie squate sovereignty they have voted for Il and
estopped from urging against the Kansas and Nebraska
For my part do not think il righul subject Of
legislation, and hence do not think the act the cons
tuition confers any such power he legislature and am
satisfied that the Supreme Court will so decide II the ques
tion shopld arise.
Nebraska BILL accepted it with perfect understanding
Of all It's provisions We knew that II referred the ques
ton have been examining TO the Of the country
We aimed 10 refer IL that rbsnal, because II
question appropriate TO the courts We had confidence in
them, and willing abide by their decision. We
ons which had been standing the book for
than thirty years That commended II TO our favor. But
above ALL embraced IL because II contained the
doctrine Of nonnterventon by Congress because under