, 1859-08-25

Tue human faculties, with heart open US char
= itsef to every Impression, and with cult
satea head. as ! have said, the like Of which, lit
rarely appeared among the most distingnisle
Of our jurists and statesmen; he was Aftorue
General ): /. Southland, Of New Jersey, WI
Secretary Of the Navy. John Mclean was Pos
master General, but at that time that Office ",
not Cabinet office. Do Tou remember thes
men? Do you know ytbing shout them!
3ou 90, 90 yon sec no evidence Of the decadene
Write down those names, read their geographic
ana tnen write down the names Of The prescu
cabinet, and then compare them. The one ger
eration has gone away. I say nothing disrt
specttul OF these men 1 think that they ur
about the best Buchanan could get, but {
coufse those gentlemen nearer to the time whe
| me CONSTITUTION was made than we are wouf
kno" little better what was meant by it thai
We would. Monroe himself did not entertain
| doubt upon the subject land be was somethin
OF mani, that if any Legislature could expeI o
aumt slavery into the Territories, Congress
could do It. There was no other legisiatiy
junction to be performed by any body, and u,
body to perform it. Mr.. Writ, Mr. Southard
AT. Adams, Mr: Calhoun, Mr. Crawford, ali o
Them agreed, Some Of these gentlemen lat
the honor to know, and do not know of thost
| who hold to the doctrines Of The Dred Scott de
clslon, any that could be said to be their equal
| or the equal Of any of thsm.
o<t%A%A AACA Al 4cVos LII lGt1+ IN lSSG III
the great Missouri restriction, By the judemen,
solemnly giren Of IN entire Cabinet, one Of the
pfoioundest iawyers we hare known in the coun.
try being Attorney General.
WISCONSIN AND MICHIGAN.
But what else did you do about it.. I tell you
yon Ita did right on the same thing till the year
Territory; you organized her. Michigan came
as ieIritoIy and you organized her, and you
provided IN that organic law that while the Leg
!slature IS might make laws and send them to you.
if Congress disapprored Of those laws. fhey
should be null and void. President jackson
signed bills Of this kind. Did not "Old Hick-
oFy know thing or two about this matter =
tres'dent Adams signed such hill-both the
Adamses signed such bills; Munroe signed
$, such blils, Madison signed such bills. Al Of
t!ose a; osIls involving that question, and deci.
olng them one way, and even in 1850, in that
compromise, as it was called, it is enacted that
ne" Mexico and Utah shall send their laws TO
congress. and if Congress disapprored Of them
thsy should be null and void.
how, mygorother Democrat, what becomes of
your squatter Sovereignty I" Do you know
enough to believe that you understand the
words Of the Constitution better than all the
statesmen, public men, lawyers and private
men that hare lived before you for seventy
years? Hare you that confidence in yourself.
II you hare, God have mercy upon you'll You
are past PRAYING fol, and | am done. {Laughter.)
Dont you know We acquired the 1erritory Of
Oregon under Polk's administration. and nut
the Wilmot proyiso on it? Did Polk know ns
much about it as Mr. nouglasy Did not Jack
son kpow as much ahont this thing as Stenhen
a. Donglas3 Did not Mr. Mpuroe and bis cabi-
net: 50 far about the legislative power on this
THE SUPREME CouRr's DECISION,
The question came up from Florida in per.
haPs 1894 or 1926, in tile case Of Canter against
IN Insurance Company. You will ind the case
IN towards Reports. John Marshall was Chief
Justice Of the United States then. Mr. Story
was on the bench man whose Law books on
the subject Of our laws, and on the subject Of
Law and ch4ncery in general, have been read
Win The highest oommendation Of any man that
tury, in the Court Of Kings Bench in Westmiu-
ster uall. John Marshall was on the bench,
ana the man that does not know something Of
him ought not to be allowed to yote. The yery
question was brought into the Court as 10
"nether Law being made By Territory was
valid or not. The Court said it was not; that
theFe was no power under heaven to make laws
in Territory but Congress.
hy 9rotser Democrat, what was the reason.
ing ot efJustice Marshall2 He was no fool:
but, II there was an INTELLECT ever youchsafed b.
God to man, that was competent to unrayel the
sophistries -! ~ man, it was John Marshall to
whom it was given. Why, ~ ~ . sa.d how is this;
Low can this be? Congress has no power to
acquire territory BY treaty, and who will the
No! To any State? No! To the United States
tue cesslon is made. Spain conveys New Mex
leo and California to the United States. What
follows: lfthere Is any law to be made for that
Territory that was yesterday foreign Terrific
r., it Is BY the legislative department Of tho
government to whom the Territory is conveyed.
What is the legislative department Of the goy:
was his reasoning: It is very simple, very
plain, and utterly and hopelessly conclusive
against those Tho hare got up this new doctrine
Well, Is not that enough? Must there not be-
IN end to the question some day? Must we not
know some day what is the meaning Of our Con-
For sixty-four years the Courts Of
the United States have 80 decided, and Con-
gress has so decided, and Cabinet Ministers
have so decided; Presidents, Of every complex
ion and degree Of political partizanship, have
agreed to it, and now, all at once, we throw it
avay, aud we arc told that they did not know
anything about it all the time. That is playing
oyer again.
Next year suppose Chief Justice Taney to die.
Will not that decision be reversedf Now wish |
vou to understand that don't believe that the |
Court has decided that question ut all, because
he question was not before it, and we never
-egard decision Of court upon any point Of !
hey have, what hare they dope: OrerruIed |
heir own decision; overruled their predeces.
such predecessors. / hold to the
Judgment of Marshall, my brother Democrat,
before that Of slr. Tauey, Il he has decided it,
hold it is case where every brother has
light to his private Judgment, seeing that the |
'ame court has decided otherwise, when they |
Tere more likely to know more about it than
Fe do or can.
CALHOUN on sQuA1TER SOVEREIGNTY.
Iwant now to read for the benefit Of weak |
brethren passage or two from one of the apos.
les. (Laughter-) l don't use these words in
my sense Of flevity, at al. They occur to me IS
icing very appropriate. On or about the 4th Of
larch, 1850, I was present when this speech
Fas made: " In claiming the right for tie in
!abitants, unassiated By Congress, to legislate
inete n ts pf9Ss;S Se !, i,sq%sd 1e
d iu n tbe 3 Terrii3ory." Ssquattef sorer.
ignty." l do really think they might have
Invented better adjective than TINT to 20
!efore the word sovereignty, "squattef.@
There is something in it to raise = laugh
continue my esding: "This assumption is
ttesly unfounded. unconstitutional and icontra-
, to the entire practice Of the government,
rom its commencement to the present day, as
hall proceed to show" Who do you suppose |
ttered thaty Some little man from sone re.
aote district in Arkansas, or Ohio, OF Big Sandy
a Kentucky Daughter No such man Itwas
he same Mans man whS nov m.; Of M:r under
p before his cabinet-John G. Calhoun! "Ut-
eriy absurd - he says, and besides contrary to
he practice Of the Government, from the begin
ling to the present tinpe.fi NJ brother Demo
rat, you have some confidence in him, be com.
nitted some errors suppose hare not you: