The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-09-14
JUDGE DOUGLAS AND THE NEBRASKA
r. BILL @~.a


MEssRs EDrroas In late number Of your paper find
the following extract taken from speech Of Judge Doug
las recently delivered In Illinois: a##
a.The next question Mr.. Lincoln propounded to me is,
Can the people Of Territory exclude slavery from their
limits by any fair means before comes into the Union
as StAter Iaasr e1HAatscsIy, M. LAao0as hsari
Hundred times, 1eg ag fa ILal las -
my plzoa hs people e Territory c4a W taagfd -dlude
gkBserg btf1ed eoaHes IL w Sire NJ maer
1ha aaay be lt dsic ef l SsqgeIne 6y4 on thai zynz
Or arss Tertiary a1as and eopFtse iadr Tie Ns5resha
bA"t
Presu.ain this to be correctly quoted find it diff
cult to reconcile the proposition thus advanced by the
Judge either with his character IS lawyer states
The decision Of the Suprenie Court Tie powers
Of territorial legislature is rule of action ordained
by the Court but authoritative declaration of con-
stutionai right as long that decision stands the
binding effect Of il Is the though the declaration
in many Esuris written ia the constitution
itself
The proposition then amounts 10 this that though
there constitutional provision that the territorial
legislature should not pass any Law prohibiting the holding
Of slaves within its jurisdiction, yet thai there would s
coexst Fgl in that legislature to effect this object.
cannot conceive Of right without oorrelatve obi
CATION. If have the right to enter certain dwelling
there mns be Az obligation TO permit do 10
say that have right to enter, but Others have right
to stand the doorway and repe me- appears TO be
nothing better than legal ahsurdity. Now, whether
constitutional provision be violated by direction by in
lrecDOD, make plain duty
of good citizenship Is obedience thelaws and if sobe
denCe could be tolerated in any form, ii Is certainly when
it to make the issue with holiness and directnes
for then the remedy could be most readily applied
But il Is said that this right OF the people Of the
Territory lis perec4 and complete under the NsraSha
bN Ii wiz not surely be eontended that an act Of
Congress coner power IN derogaton Of the ooIlsti
tuition ~ therefore, this bill had in many words
authorzea the territorial legislature to PASS laws excluding
slavery and such Laws had been passed the moment the
Supreme Court having jurisdiction of pronounced
them unconstitutional there would exist vity
in them because passed under authority Of an act of Con-
grcss than if enacted without such authority.
think it very unfortunate vr the judge that he paS
tcuarly refers this right to ths Z. Nebraska bl The
discussion Is too recent for to forget that the principal
question which divided the friends of this measure was
the right of the people, brs they formed their State
constitution 10 exclude slavery by law. This difference
opinion not only we'll understood but the bill itself
framed to secure the support Of members
ertainin these opposite views while the question in dis
pute was left To he finally decided by the suprerne our.
Of the United States the constitutional arbte Of su
questions.
In looking over the debates lnd conclusive evidence
this head, iu q speech delivered April "a lS54 bv
Mr. Phillips, OF Alabama, membrr Of the Committee
on Territories IN The Ho9sa- He says:
Another objection, Mr. Chairman that has been urged
against the bill BY gentlemen from the South, is, that it
recognises what il termed 'squatter soyereignty The
provision being, that the intent and meaning az
this act is legsate slavery into any Territory on
State to exclude it thererom but 70 ieave the people
thereof free tofom and regulate their domestic instit1
toHs in thsT oEa Way saa only @ lAs coasiaiaR g Tie
InaSf S,ases.
sNow sir the South has contcrded that under the con
stution Congress could not prohibit the introduction Of
citizens OF the States with their Shave property into the
Territories 50, Congress cannot confer power which
it does not itself possess and the constitutional
restriction would restrain the territorial legislature
Wherever territory extends constitution fol-
lows and controls IT. denial Of this involves the diff
Guilty into which Mr.. Webster fell ia the celebrated col
loquy with Mr.. Calhoun, in the Senate, in February
lSa9 for while be denied that the constitution extended
over the Territories rgio ro he nontended that the
power govern the Territories granted ia the con
stitriiDn sn Iaany w0rds aE
Bat whatever may be the merit of that controversy IS
net necessary TO determine, the bill before che
ooasss1oa expressly G 7yf6 ty leaving sthe peo-
pie thereof perfectly free tO fuTEn and Regulate tsir do
nestic institutions IN their own way, s orig s can
stfusOs q Esf UHaea Sz+s.
'Te b refers the question OF legislation on the subject
Of slavery to the people of the Territories One sias
maintains that such legislation would not be sushorzed
until the formation of SiSte government the other
thst il w0nld be as the territorial government is
pEal@sl Bat whether the the other be correct
depends upon the constitution The liIl expressly
ithough unnecessarily declares that their Legislation
shah be subiec 20 tbs constitution Of tbe United States
Ana The difference thus existing TO the apProSias pc
rod of leslatng this snbct is len 70 he decided by
the yErlcaAL EsaBpsAEs ~ ls oo~Ety so-rsg o0nzs
toe rsa aud The support Of the l involves ooHFr
nl< as e1soeszcz ~ efier side
How cfeotuay does ahiS extract rcfats the position
n0w coutended So By Judge Douglas II may be almi
ted oE Is donttloz true that derO1s of driving this
agitation ou OF thn halls a Congress the democrats
Congress possessed the sueet u the eopEe of the
Territory. and thus o1ufe- E7on ,om the Egsxt nlIty
to fUrm and resgSte their domestic insfitpsisne g.
their own way" The mature and extent Of this power