Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-08-23
CLEVELAND, MONDAY MORNING. AUGUST %, 1858

in assailing the inialibiIity of the men who
wear gowns, any more than have those who
wear crowns. (Cries Of /" Good, that's right. s.
and great chcers.) Despotism is despoiism,
whether pTactised by crowned heads or b. men
clothed in gowns am mt ashamed 10 appeal
from tbe o5iisr dJefa opinions Of supreme judgss.
sRbrsrsiUe Of the e0aSfliutioa. Fe.lotr elfiseas.
1 G-ta0lrisdgs a P0lrer higher than Presidents,
higher than Congress, higher then supreme
courts, and 10 that power, whose name Is ,.e
people, / viii appeal Tremendous cheering }
The people make Presidents and Courts, a q
when tyranny takes possession OF those v
have paced IN power, the people who ar, :
vIelgns and who are above all their se!v.Lt q.
s'ill take the power iuto their own ham -
C'Go0d, good, that's so.) The Supreme Court
OF the United States has repeatedly dec do,
prior 10 the DTed Scott case, that COngress had
power to pass laws governing the Territories.
When It was presided over by Marshall, the
coart held that IN the government of the Ter
ntories, Congress possessed the combined power
Of the State and the federal government
Those people who talk 70 Us about appealing
from the decisions of the courts TO popular
assembly, what have they done Why, over
there al Cincinnati. when they met to lay down
their creed and declare what they we're for, they
eAAA III 81 many huE4s Ll1lk NolUre55 nlu no
power TO establish national bank. The Su-
pTeme Court had decided that Congress had the
power. Where was their reverence for il then :
(ApL lause and laughter) They cannot appeal
from the decision Of the court to the people,
(the source Of all power,) but they can appeal
70 this convention in Cincinnati And will
not undertake to describe that convention Col
Benton once described it. (Laughter) l would
sooner have the decision of the people than of
such set of men. But, fellow citizens, the
self-styled democracy not only set at naught a
decision Of the court in their party platform,
but while protesting such devotion to the count,
and to believe that a court can do no wrong,
they have made it part of their creed that a
single State has the authority to set aside the
decision of the court, OF Congress and the ex-
ecutiye Do you reeOllect The resolutions at
Cincinnati believe have them here. One
OF the resolutions adopted declares
That the democratic party viii faithfully
abide by aud uphOld the principles laid down in
the Kentucky and Virginia Legislatures in 1873,
and IN the report of Mr.. Madison to the Virginia
Legislature in 1899; that it adopts those prinei-
piles as 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
werei They were the nulliicationresolutions
(Laughter.) Here Is one Of them. This was
IN the Kentucky Legislature, in 1898:
Resolved, That this government, created by
this compact (the consututiOn) was not made
the exclusive or final Judge Of the extent Of the
powers delegated to itself, since that would
have m1de lis discretion, and not the c0nstitu-
ton, the measure OF its powers but that, as in
al cases Of compact among parties having no
common judge, each party has an equal right no
TO Judge Tor itsell, as well Of infraetions as Of
the mode and measure of redress.
In November, 1893. the Kentucky Legisla-
tnre reafhrmed the principle of these resolu-
tons and added the following
That the several States who formed that in
strument, being sovereign and independent,
have the unqnestionable right to judge OF the
infrIction and that 4 notification by those
soyereignties Of all unauthorized acts done un.
der color Of that instrument, is the rightful
remedy.
Notification by State, which has the right
to Judge for itself of the infractions of the con-
siitution, is the righful remedy. Now look at
these men coming up to charge the republican
party with q great sacrilege in assailing the
OJiter dieta opinions ofthe Supreme Court, and
at the same time pledging themselves in their
party platform to the right of any State to de-
termine al its pleasure and for itself what the
constitution means, in defiance Of a decision Of
of the Supreme Court and the Executive, and
to nuliify an act Of Congress which both sus-
tain. (''That's it''-"good, good.") This Is
the consistency they exhibit when they make
such assaults upon US. But, fellow citizens, If
we are required TO submit 70 the decisions Of
the Supreme Court, as to the authority of Con-
gress 10 exclude slavery from Territory, and
Ifit be true thltthe people Of Territory have
no authority, as the judges Of the Supreme
Court in the Dred Scott opiniOn-say-ifthe the peO-
| pie Of the Territory while in a Territorial con-
dition have no power to exclude slavery from
their midst, has not that Court the same right
TO decide whether State may exclude slavery
Look whether this doctrine tends If neither
the Congress nor the people can exclude slave
~ from Territory, because the constitution Of
the United States is the paramount law Of the
land, and carries slavery with it,then the States
cannot exclude slavery because the constitution
OF the United States is the paramount law Of
the land in the State as well az the Terri
tories and if there is anything in that instru-
ment which extends slavery into the Terrific
RES, the same provision must extend into the
States also. Well, suppose the Supreme Court
decide, as they are bound to decide if they carry
out the doctrine in that Dred Scott Case, that
by virtce ofthe Consultation slavery is extended
into all the free States Of this Union, are these
gentlemen prepared to submit TO that (Cries
Of No, no.) You are just as much bound to
submit to it as to this opinion which cares
slavery into the Territories, and the man who
defends the one NUT sustain the other. That
is the necessary consequence Of the doctrine
laid down There is now case pending, known
as the Lennon Case" and when the country
gets prepared to receive the decision, you viii
probably hear again from the Supreme Court Of
Of the United States, the doctrine announced,
that under the Constitution, slavery goes into
all the States of the Union. That instrument,
which our fathers made for securing the bles-
sings Of liberty, is thus to be perverted by the
decision OF this Court to become an instrument
for the spread of slavery against the will Of the
people TEis necessarily results from the doc
trine already advanced, if aequiesced in and
carried out to its legitimate consequences