Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-07-27

out hy the Constitution, and then for preserving ana
maintaining the sovereignty OF each o's'e % lhs
Union, in order that euch State may ADOPT ana reGu'
late its own local institutions without any hindFsnce
from any power without.
Thus you find that there il n distinct issue 81 pT'h'
iple-principle Observation-Disclosures MT Iinco'n
aud myself. lie goes for consolidation ana uu'iotml
ty; | 70 for maintaining the confederation OF Inc
sovereign States, under tbs Constitution hs our ia'he.e
made it, leaving each State at liberty 10 manage It's
own affairs in its own internal economy. lAPpiause.
Mr.. Lincoln alho takes issue with me upon aho'her
point, and rests his whole case upon these two points.
His last one is, that hs will wage a warfare upon inc
Supreme Court OF the United States because OF the
bred Scott decision. He takes OCCASION 10 erraign me
during my absence. not only tor having expressed my
acquiescence. but 10 charge ME as a consprator IN de.
vising that decision three years before Drea ocoe'
ever thought Of commencing his suit Tor MS freedom.
The object was to convey the idea 10 tns peoP!e tna'
the President could not be trusted, mat the JUDGES
could not bs trusted; that they were all conaplrators
in bringing about a corrupt decision: 10 Wnicn MI
Lincoln ia determined he will never yielo ooeuience.
What is that tecision1 He makes W points on that
decision. One Is because the court DECIDED thatcnii
dren descended from African parents are not cltlzena
of the United States, becauss th. land North OF So
30 cannot make a slave free when brought into 'hat
region. He says he will NOT fight the marehai 10 heip
make bred Scott free. but will not respect the decision
because he considers 1t unjust. How ls no gong TO
remedy it'll He Gays he ia going TO reverse H.. 10
whom is he going to appeal A voice. no dod Al
mighty, l guess"
Tbs Constitution of the United States declares that
the Supreme Judicial Court is the highest authority
in our Government. He ia going to appeal to some
thing still higher-perhsps il is TO the hepuoncan
State Convention of Illinois. daughter believe
that thst Convention reversed The deci-ion; nut sm
not aware that it has been carried into effect. why
Mr.. Lincoln tells us-he says to the people of Illinois
If YOU will elect me 10 the Senate OF ths United
States, I will move a law to re enact the law which
the court pronounced nconstitutional. Ia voice
"He is going TO spot the law" Yes, he 10 going 10
o,o. l. io-, N ouobtar | npyer heard before OF
appealing from the Supreme Court to Congress 70 rs'
verse it's decision. l have heard OF appeals being
taken from Congress to the Supreme Court 10 De
clare q statute void; that has been done from ths
earliest time. The Supreme Court OF the United
States is vested with power by the Constitution
which says that the judicial power OF the United
States shall be invested in a Supreme Court, and
such inferior courts as Congress- shall from time to
time establish" Hence 1t is the duty OF the Supreme
Court to pronounce judgment upon the validity and
constitutionality of an act of Congress. In this case
they have done so. Mr.. Lincoln will not submit 10 It,
and he is going to reverse II by another act OF Con
gress of the same tenor. Well. my opinion is that he
ought to be upon the Supreme bench himself, laugh
teri il that kind of knowledge qualities a man for 1t.
lLaughter.l But he intimates anotbsr method OF re-
pesling the bred Scott decision, De lie going TO
appeal TO the people TO elect a President, who shall
appoint a new act of judges, who shall repeal the de.
cision. | don't believe that he ever will. When that
Republican President shall take his seat Mr.. Sew
ard, for instance-will he then appoint judgea! He
will have to wait until they die, and perhaps hs four
wears would be out before q majority OF those judges
found it agreeable to die. And II is possible that DIR
Lincoln's Senatorial term would expire before those
Judges would be accommodating enough 20 die; and,
if so, 1 don't see a very good prospect for Mr.. Lincoln
to reverse thsir decision.
Suppose Mr.. Lincoln should be a candidate for q
vacancy on the bench, and applied to Mr.. Seward,
and he should say, | cannot appoint you until | know
how you would decide bred SCOTS case, or Dick
Wilson, or somebody else's case, and each Judge musi
be catechised to know how be would decide in the
CASE before himl Suppose you should get a bench
OF judges pledged to decide a case before 1t arose,
how much confidence would you place in such q
bench of Justice? Who would feel that his rights
were safe if the bench is 10 be brought down TO that
low, dirty pool, wherein the judges are 10 give pledges
in advance how they will decide upon cases Ii Is
a proposition to make the bench a tool OF a political
party.
If Mr.. Lincoln Cannot conscientiously submit TO a
court composed of a majority OF Democrats, how
can We have confidence 10 q Republican bench, elect.
ed for the very purpose Of defeating Democratic
say | have no warfare 10 make upon the Supreme
Court because OF the bred Scott decision. My mi.
vate opinions on some points of the case might R1ve
been one way, and on other points another way. and
it is not according to what has been my private opin-
ions on q question Of a law that has been pronounced
upon by the highest tribunal on the earth. You, sir,
have a right az an eminent lawyer to entertain any
opinion on law, and TO maintain your opinions with
boIdness and ~tenscity, until the final decision shall
have been announced, then your duty, as q lawyer
and a citizen is 10 bow in Difference TO that decision.
| intend 70 yield obedience to the decisions of the
highest tribunals in the land, whether they are made
in conformity with my views as a lawyer or not.
When we refuse TO abide the Judicial decisions.
what protection is there left for life or property To
whom shall you appeal Is it to mob law7 To par.
ti1an caucusesf town meetings. or to revoIutionl-
Where is the remedy when you refuse obediencs to
the constituted authority Yet | will not stop to in
quirs whether l agree to all the opinions expressed by
Judge fancy, or any other Judge.
1t is enough for ms TO know that The decision has
been made by the highest tribuna,-it ia enough TO
know that | am bound by it. But Mr.. Lincoln says
this bred Scott decision destroys the doctrine Of popu-
lar sovereignty, because the Supreme Court says that
Congress has no right 10 prohibit slavery in the Ter
ritories, and hence the State Legislatures have no
right to do It.
II would be a matter of theory and practice, for this
reason, that if the people want slavery they will have
it, and if they don't want it you can't forcs it upon
them. Slavery cannot exist for q day among an I'M
friendly people. and amid unfriendly lave.
There il truth and wisdom in a remark made TO me
by an eminent Senator from the South, in regard to
the right OF taking slaves into free States. l. ia OF
no practical consequence, said he; slavery cannot ex.
let a day, or an hour, unless it has affirmative laws as-
sisting aud supporting it, and adopting regulations,
etc, for il and omissions to furnieh them would be
az fatal ss Constitutional prohibitions. To use his
own words, slavery could not exist any longer than
a new born infant could exist under a hot sun, on a
barren rock, without pro,ection-it would wilt and
die.'' As an illustration, take Kansas. The Repub-
licsns have told you, that during the whole history
of Kansas, down to last winter, a pro slavery Le-
sislature had passed laws establishing slavery in
Kansas, but they said it did not represent the peo.
ple-that they were imposed upon by q Missouri
invasion. Granted, the whole thing. In ksnsad,
with the law supporting slavery, there are not go
many slaves to day as there were the day the Ne
braska bill passed. Shareholders knew that they
would lose their rights Of property if the majority Of
the people we're against il. There being a majority
against elavery-and they were against 1t merely De-
cause it was no; to their interest 10 have it on account
of climate-the Shareholders did not dare to take their
slaves there. You have a good illustration in the
territorial history of this State. You all remember
the ordinance Of 1887 = A voice, 81 do'J-slsvery
was prohibited in Illinois. You know the Territorial
Legislature, in defiance of that ordinance, allowed
you to 20 into Kentucky and buy slaves, and have
them sign indentures to serve you ninety nine years,
and their ~posterity after them-thus Introducing here.
ditary slavery. That was introducing the right OF
popular sovereignty. On the other hand. II the people
of a Territory are hostile to it, they will drive 1t out,
and, consequently, this theoretical question about the
bred Scott decision is worthy OF no consideration
whatever, for it is only used ss a hobby to ride into
office upon. But Mr.. Lincoln's main objection to ths
bred Scott decision l have reserved for my closing
remarks.
1t is this-that it is there intended to deprive the
negro of the rights secured TO him in the Constitution
Of the United States, in which it is declared that the
citizens of one State ehall b. entitled 10 all the privl'
leges and immunities Of the several States.
Mr.. Lincoln said that that law was intended TO
decide that the negro had no right to citizenship in
the different States.
Whatever i, may have intended, that is the practical
effect. no doubt.
He ia in favor Of negro citizenship. DE is opposed
to the decision of that Court on that account, and
here l am in direct opposition to him..
am not in favor of negro citizenship. | do not
believe that a negro is a citizen or ought TO be one.
| believe that this Government was wisely, founded
upon the white basis. 1t was made by while men
for The benefit Of white men and their posterity, 10 be
executed and managed by them. l freely concede
that humanity requires US to extend our protection
to the Indian and other inferior races TO extend
them all the immunities they are capable OF enjoying
consistent with the safety of society.
Then you AJAX me, "What are these rights what
is the nature and extent OF those rights which a negro
nnnht 70 hauaiu Nv anarar In that that is O Ques-