Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-12-24


stitution, given to Territories as sover-
eign gives charter to his subjects; and !
as such was made III concert with tic CON
stitution, as you well say, and indispetisa ,
bic to the formation Of the Constitutions I
AMI as such was provided for--doubly
provided form the new government, first,
by the clause in tic Constitution which
devolves all the engagement" of the
Confederation upon the new Federal Con
gress, and, secondly, hy the act of the new
Congress of Aug /, l7S9-the eighth act
passed. by the first Congress under Wash
ington-adapting that ordinance to the
new Constitution and adopting it in every
word which it contained as a law of the
new government.
You will see in the abridged Debates
(the notes as well as the text that full JUS
ticc is done to yourself and to all the patri-
otic men who acted with you in that great
measure of reconciliation pacication; and
also in my 'Examination" of the Courts
opinion--that part of it which | deemed
political and extraudicial, and obtef dicta.
.As fer what concerned the individuals be-
fore the Court Il, partic, in the record, |
have nothing to say. That part was Judi
ciaI;-anl whether rightfully or wrcnS
fully gotten held cf and decided, let it
alone; fer it was the decision Of the tri-
bunal of highest rcScrt; anl the peace and
gool order Of society require all questions
cf personal rights to be settled anil done
with. Bat in this political decision, in
which tic supreme Court acted upon a
question beyond its jurisdiction, and lug
gcd it in a tail to a question of negro
freedom, in which it decided upon view of
the Constitution, which had no more to do
with it than the adventures OF Robinson
Irusoc, and then reversed the action of the
government for seventy years, and made
new Constitution in all that relates to Ter
rtorial lcgislatien; in sucl, case have felt
it to b my duty, as one Of the few Survi
vorS of the old school. to raise my voice
against it, AMI to appeal to the candid in
tclligcncc ct nay fellow citizens to come to
the defence Of cur onstit,stion, such a. our
fathers male it, an'l As it was a lministcrcd
fer two generations.
mean what | say, when say the Su-
premc court had as well been looking into
Robinson Crusoc as looking into the Con
sttution Of the United States to find ths
power of Congress to cgislatc for Terrific
rics; for it is not there. but in the ordinance
of 81, atoptcl by the Constitution AMI
the first Congress under " Washingt ion, and
i'll their right as sovereign proprictors, hav-
ing the right to govern what they have the
right to acquire, and become their duty un.
der the State ccSSioR acts and under the
treaties cf cesSion Ihe Rnrlful rules and
rci,uiiticn clau.e, as the court said, gave
no power to govern the territories; il only
applied TO property, and that the property
OF the Cniiel States its territory, Il est.
land, and Its other property. "a est, person
at estate. 1t conierre no powers, and that
. for tho reason known to everybody at the
time, AMI to nobody (hardlv) now, rdelicV.
because IA, government OF the territories
was provi lci foi in another place name
". in tho ordinance Of l1s1. and protect
el hv a clause IN the Constitution. and pass
81 by Congress August Ith. 11s9, AMI in
the right of foreign proplietors The CONT
looked in tha first place to find tho power
of Congress to legisate for territories.
was breaking down unler the appalling
attack which fell upon me when was VII
ting the "Examination. and had to leave
some heads unfinished. and also to add
some part after hal given up this world.
/ My physician. DIR. May. saw with astonish-
ment that | rose from what he knew con
/ sidcrcd the bod of death and which he fear.
cd to be so) AMI went to my table and
wrote Was adding something to the
discrimination. AMI could hardy refrain
from postscript: This is my political
testament, written with diving hand. =
We'll, ! did not die, but have to; AMI will
die upon the truth and Justice of what
wrote.
Among the hea Is Sictchc bat not filled
up, are the Florida Territorial transactions
of 1921, in which Gov. jackson, commits
/ stoned with the power OF Captain Gcner-
al and Intendant Of Cuba unlcr an act of
Congress continuing temporaril V the Span
oh system of government in that Terrific
~, and in which he found occasion to act
up to the letter of that law and commission,
and uniting in himscfthc supreme, civil,
military, executive, and judicial functus.
using the military for his ann, and his
own fiat for authority, sending Gov. Gala
Va 20 the callaboose. and having Judge
Fromentin brought before him at the point
of the bayonet for issuing writ of haJeas
corpus in behalf of the imprisoned Govern
or;--and LAYING divers others by the heels
for completely in Callava's fault, to wit;
refusing to deliver up, and intending TO
carry Of judicial records OH which depend
ed redress to orphan children who had been
dcspolel of their fathers property for IF
teen years and all which actings and do
iagS Of Ciov Jackson, exercising over Flor
lila the powers of a Captain General ami
Intendant of Cuba, were approved express
" bv the Monroe administration and im
rliedly sanctioned 10y each House of Con
gross IN their refusal to act upon the com
plants of the incarccratcd officers and all
upon the ground that the Constitution of
the United States did not extend To Ter
ritorv, and that N" act OF Congress hail
carried into Florida any oi It's provisions
any habna> corpus act, any jury trial, or
any warrant, general or special. OF any Sc
curity against seizure of persons, search
of houses. or capture of papers and eff
fects. This head, growing ont of the trans