Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1858-09-02


the case to express such opinions? ("Yes,
Yes" There is no Importance in these
opinions, as judicial decisions at all, and
they are only important in this respect
they have been adopted by the great Dem
ocratic party, so called, as part of its
creed, aud Mr.. Buchanan says that slavery
exists in Kansas and Nebraska as eflectual-
ly as it does in South Carolina or Georgia,
under these opinions. Hence it becomes
very important to look to the opinions OF
these judges, as pointing out the creed OF
the party which is now in power, and which
they are endeavoring to enforce upon the
country. i should have no sort of respect
for such decision, in any event If there
had been decision of the Court upon the
gress had no authority to pass law exclu-
ding slavery from territory, fwould have
treated that decision in the particular ease as
binding; but would have treated it with ut
ter contempt as applied to any other case
have no scruples in assailing the infalibil-
ity of the men who wear gowns, any more
than l have those who wear crowns. Cries
of good, good chats right" and
great cheers. Despotism is despotism,
whether practised by crowned heads or by
men clothed in gowns. Renewed cheers.
| am not ashane,l to appeal from the obifer
ds-ta opinions of Supreme judges, subver-
wise of the Constitution. L acknowledge
power higher than presidents, higher than
congresses, higherthan supreme courts, and
to that power, whose name is the people, i
will appeal. Tremendous cheering. =
The people make presidents and courts,
and when tyranny takes possession of those
they have placed in power, the people. who
are sovereigns and who are above ali their
servants. will take the power into their own
hands. Good" "good." chats so.
The Supreme Court of the United States
had repeatedly decided, prior to the Dred
Scott case, that Congress had power to
pass laws governing the territories When
it was presided over by Marshall, the Court
held that in the government of the terrific
ries, Congress possessed the combined pow
er of the State and the Federal Govern
ment. Those people who talk to us about
appealing from the decisions of the courts
to popular assembly. what have they
done? Why, over here at Cincinnati, when
they met to lay down their creed and de-
clare what they were for, they said in so
many words, that Congress had no power
to establish national bank. The Su-
prcme Court had decided that Congress
had the power. Where was their revcr-
encc then? [Applause and laughter. i
They cannot appeal from the decision of
the Court to the people (the source of all
power), but they can appeal to this Con-
vention in Cincinnati And Twill not I'M
dcrtake to describe that Convention; Col
Benton once described it. Laughter =
[ would sooner have the decision of the
people than Of such a set of men.
But, fellow-ci citizens the self-styled De-
mocracy not only set at naught decision
of the Court in their party platform, but
while protesting such devotion to the Court,
and to believe Courtscan do no wrong
they have made it a part OF their creed that
"a single State has the authority to set aside
the decision of the Court, of Congress, and
the Executive. Do you recollcct the reso-
lutions at Cincinnati? l believe | have
them here. One of the resolutions adopt
ed declares
That the Democratic party will faithful
Iy abide by and uphold the principles laid
down in the Kentucky and Virginia Leg
isla.ure in 179S, and in the reports of Mr..
Madison to the Virginia Legislature in 1893;
that it adopts those principles constituting
one of the main foundations of its political
creed, and is resolved to carry them out in
their obvious meaning and import.
Do you remember what resolutions these
were? They were the notification resolu-
tions. Laughter. Here is enc Of them:
this was in the Kentucky Legislature in
179S:
Resolced, That this Government created
by this compact, the Constitution was
not made the exclusive or final Judge of the
extent of the powers delegated to itself
since that would have made its discretion,
and not the Constitution the measure of
its powers; but that, as in all cases of COM
pact among parties having no common
Judge, each party has an equal right to Judge
for itself, as sceH Of ietractions, as Of tile
mode and measure efredress.
In Nov..s 1909. the Kentucky Legisla-
turc re-affifmed the principle of these reso-
lutions, and added the following:
THAT the several States who formed that
instrument beings sovereigns and indepen-
dent, have the unqnestionable right to Judge
of the infraction; and that aulifcation By
those sopereignties of all unautlorized acts
done under the coper Of that Instrument Is
THE RIGHTFuL REMEDY.
Notification by State which has the
right to judgc for itself of the infractions of
the Constitution, is the rightfal remedy!-
Now look at these men coming up to Charge
the Republican party with great sacrilege
in assailing the obifer disa opinions of the
Supreme Court, and at the same time
pledging themselves in their. party plat
form to the right of any State to determine
at its pleasure and for itself what the Con-
stitution means, in defiance of decision OF
the Supreme Court and the Executive, and
to nnllify an act ef Congress which both
sustain. ['That's it"-"good. good"
This is the consistency they exhibit when
they mako such assaults upon us. But,
fellow-citizens. if we are required to sub
nit to the decisions of the Supreme Court,
as to the authority of Congress to exclude
slavery from territory. and if it be true
that the people of territory have no au-