Demoine courier., 1856-05-29

!, observe, in the third place, there IS
no aduerse decision in the Supreme
Court. t g3s4sa Ga
In 1854, Congress repealed the Mis-
souri, Compromise, on the ground OF lie
cnconsiiiu,ionslity. The poverof Con-
gress 10 exclude Slavery from the Ter.
ritories was then for the first time deni.
ed. sf Ef0 ,gsatt5A tgs
Tho PresideEt has also declared these
laws to be Unconstitutional. lie says,
on the subject Of the organisation Of The
Territories Of Utah and New Mexico:
In the councils OF Congress, there
were manifested extreme differences oil
opinion and action between some Repre-
sen.aiises. who desired the u~ncons,itu
tional employ meni OF The legislative pow
ers Of the Government 70 interfere in she
condition of the inchoate States, and 10
impose their own social theories upon
the latter, and other Representatives, who
repealed the in,erposi.ion Of the General
Government in this respect, and main
,ained the self. controlling rights Of the
States.
.Once more The Constitution Of the
United States ,riumphed signaliy, the
new Territories weIe organized without
restrictions upon the disputed point, aud
were thus lett IN Judge ia that particular
for themselves
Those who desired Congress TO ex
| clude Slavery from tie Territories were
..:d asc aN..s kh> a~.~n;.a 81 uccouas:,,,
,ional power and when Congress enacs
laws throwing open serri,cry before free.
10 the occupancy Of Slavery. he tells 10
'tha, ,he Constitution Of the Uuion ii
umphed ~signaly.'
But. Mr.. President, ] derire here TO
inquire whence the President Of the Uni
ted States derived the power 10 adjud,
cafe the con~sti,utionaIi,y Of laws which
had previously passed through all The
usula forms OF legisla,ionl ] had sup
posed thai such adjudica,ions more 6ily
belonged TO another department Of the
Government. The trainers OF ,he Con-
s,isu,iou, originally conferred this power
on The Supreme Court. ala
Under the Constitution. Congress may
enact laws. the courts may adjudica,e
Them. and the Presiden, may execute
them. These three departments OF
,hs Government should remain distinct,
because their union forms a d~espoiism.
Buff neither The Presidsn, MOI Con-
gress may expound the laws without a
u~suIpaiion of powers never conferred BY
the Cons ,itu.ion. | inquire for the opin-
ions Of the Judiciary IN which the dec
laratIons Of the President and Of Con
gress are based. For If these laws were
in fact unconstitutional. il would bs
siralge il none Of the courts Of ,he couD
try, State or N a,ional, in all the compli
Gated ,djudic ton that has arisen since
1859, have had occasion 10 pronounce
them void. The President pronunces
these laws unconstitutional, Senators
say they were unconstitutional. Con-
gress repealed the Missouri Compounds
!, was unconstitutional; and all who OPP
posed this repeal are denounced as enc
mics 10 the Constitution. And yet the
courts. The OILY constitutional tribunals
on earth iha, have the right to a~djudica,e
such questions, have never, l bslive, even
intimaied such an opinion!
II | am in error IN this, let old and ex2s-
rienced Senators here, whose knowledge
must be perfect on this subject, correct
me. Does no one answer! | hear no
reply. Then infer there are no such
decisions, well authenticated, Of any
cour: Of the country, Stale or National.
Then, sir, what becomes OF ,L.ese char
ges Of treason against the Constitution
and the Union SO literally fulminaied
against the opponents Of Slavery in Kan
sssl Before | am condemned 40 an enc
my Of my country, AZ = political traitor
to her fundamental Law, | desire to know
that come court Of competent Jurisdiction
has decided that my opinions are in con-
iict with the Constitution.
will not detain the Senate With the
presentation Of judicial opinions sustain.
ing the constitutionalisy Of the Uniform
Legislation Of Congress-. which l have ci-
ted. The honorable Senator from Iii.
nois Mn T~RUxsuLL discussed this
point 10 some extent a lev days since.
!. 10 not necessary tor my argument; for
thu entire absence Of any judicial opin.
ion, Slate Of National. in conflict with
the coas.it0tionslity Of all these laws. ia
all the adjudication that has arisen dur
inv nearly seventy years. amounts 10 .
negative pregnant. - potent in iis con
vincing efficacy - ,hs most elaborate ad.
juGicatiou.
In the. mex, plass. argue tie existence
Of power in the Congress Of the United
States 70 lsgislais on The subject Of Slav.
cry in lhs Territories, from The relation
which they sustain 10 the GovernmenL
Id each Of the States Of the Uniss, the
power Of The General Governmens 10 re-
s,rictsd. Here she sovereignty 10 civid.
cd hesweea the Gsa.s and the United
States. The powers Of the United States
are All derived from the State: bus the
powers Of Congress in the Territories
are not thus derived from local Gov
ernment-shs order 10 reverted, and the
Territorial Governments derives oil its
powers from tie Government Of the Uni
ted Sales ssas4H mi
The Government Of The United States
l ~~uos,nA I'll ~, .:~f.ss =. a. M~.h---.