Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-08-29
CLEVELAND, MONDAY MORNING, AUGUST %, 1859


in HOwards Reports Johu Marshall was
Chief Justice Of the United States then Mr.
story was on The bench; a man whose law
books on the subject Of our laws, and on the
subject Of law and chancery in general, have
been read with the highest commendation Of
any man that has ever written law books during
the last century, in the Court Of King's Bench
10 Westminster Hall John Marshall was on
the bench, and the man that does not know
something Of him ought not TO be allowed 10
vote The very question was brought into the
Court as to whether a law being made by
Territory was valid OF not. The Court said il
was not; that there was no power under
heaven TO make laws in a Territory but Con-
gress.
My brother Democrat, what was the reason
ing Of Chief Justice MARSHALL lie was no
fool; but, if there was en- intellect ever vouch-
saied by God TO man, that was competent to
unravel the sopnistrles Of man, It was John
Marshall to whom it was given. Why, he
said how is this how can this bel Congress
has no power to acquire territory by treaty, and
who will the territory be conveyed tot To the
| Territory No To any State Mo- To the
/ United States the cossion is made Spain con-
| veys New Mexico and California to the United
! States. What followsl If there is any law TO
be made for that Territory that was yesterday a
foreign Territory, il is by the legislative depart
ment Of the government to whom the Territory
is conveyed What is the legislative depart
ment Of the government of the United Statesl
Congress! That was his reasoning 1t is very
simple, very plain, and utterly and hopelessy
conclusive against those who have got up this
new doctrine
Well, is not that enoughl Must there not
be an end to the question some day. Must we
not know some day what is the meaning Of our
| Constitution For sixty four years the Courts
| of the United States have so decided, and Coz
| or SIS has so decided, and Cabinet Ministers
have so decided; Presidents Of every complex
ion and degree of political partizanship, have
| agreed 10 it, and now, all at once, we throw it
away, and we are told that they did not know
anything about it all the time. That is playing
at the old game OF "go devil" and patent plow,
over again
Next year suppose Chief Justice Taney TO
die Will not that decision be reversed NOW
| wish you to understand that / don't believe
that the Court has decided that question at all,
because the question was not before it, and we
never regard decision Of court upon any
point of law, unless that point was in the case
But if they have, what have they done Over
ruled their own decision; overruled their pro.
decessOTs-and such predecessors / hold to
the Judgment of Marshall, my brother Demo
crat, before that of Mr. fancy, if he has deci-
ded it l hold it is a case where every brother
has right to his private judgment, seeing that
the same court has decreed otherwise, when
they were more likely to know more about it
than we do or can.
CALHOUN ON sQuATTER SOVEREIGNTY.
want now to read Tor the benefit of weak
brethren a passage or two from one of the
apostles (Laughter) / don't use these words
J in any sense ofleyity, at all. They occur to me
as being very appropriate On or about the
| lth nfM March 1Rbil W hen thla
speech was made. In claiming the right for
the inhabitants, unasssted by Congress, to leg
slate for territory in this proyisO it is assum-
t ed that the sovereignty over the Territory il
} vested in the Territory" "Squster SoYer
eighty " l do really think they might have
I invented better adjective than that to go be-
! fore the word sovereignty, "squatter" There
y is something in 1t to raise laugh l continue
n my readings 18th assumption is utterly un
founded, unconstitutional, aud contrary to III,
b entire practice of the government, from III
p commencement to the present day, as / shal
: proceed to show" Who do you suppose utter
y ed thatl Some little man from some remote
6 district il. Arkansas, Ohio, or Big Sandy, in
, Kentucky (Laughter) No such man Il
= was the same man who was Secretary Of Wai
e under James Monroe, when the Missouri ques
v tion came up before his cabnet--JOhn @ Cal
hOun bitterly absurd" he says, and beslde
I, CONTRARY to the practice of the government
o from the beginning to the present time" My
= brother Democrat you have some confidence it
, him, he committed some errors, / suppose
] have not you He was a man of wonderful
t head, and although the very question pending
n before the Senate was the one we are now dis
cussing, anl il was to the interest OF Mr. Cal
G hOun, as the great leader of the Pro Slavery
party, TO take the other side, he could not do it
o lho government had committed tseli--he ha,
!, committed himself-all The sensible men bu'
y committed themselves, and lac denounced 1t a
II absurd and contrary 10 the practice of the gov
]. ernment, from the organization 10 that day
y How did he proceed to show it Among othel
IT things he quotes all but the very language o
a Chief Justice Marshall in tho case Of Cante
/! and the Insurance Company. He does no
u quote il, but uses the language as his own
g ''lf," said he, 1.-THE government of Mexico coul
= make whatever law il pleased before the cessio
1. of the Territory, the Government TO whon
n the cesson is made, alone can make laws for
e now"
q DOUGLAS AGAINST sQuATrER SOVEREIGNTY
y Well, my irieIr1s, have you ever seen tn
If honey bee after having slipped honey from th
n rose, the carnation or the japonioa, light dow
d upon the jamestown weed and finish its meal
n have seen il when a boy, and have wondeTe'
u why IL did not commence on that and top OF
& with the best l am about TO do something O
81 that kind ! am coming from the sayings Of
~ great man TO tue sayings Of a man not quite ~
e great, Here is a speech delivered June ID
% "Sir," said he, ~ do not hold the doctrine tina
J, TO exclude any species Of property by law frou
lf any Territory, Is a violation OF any right o
VI property. DO You not exclude banks from mos
Ie Of the Territories 7" Yes, aud | was on TIN
B. Commi tee on Territories once when Wisconsin
!, sent a law with five or six banks. voted 70
them but the Democratic brethren associates
q with menulli6ed the law. Il went back 10 ia
ie Territory and squatter sovereign that it wal
t. il ceased 10 be a law, "Do you not, continue
N he Exclude whisky from being introduced int
large portions Of the Territories DO yu
takn up Washington Territory, and if there
. a tribe of Indans in Il, and any man sells ther
~ whisky they 90 back to law Of 1912, an
~ punish a man for doing It, That law was mad
- by Congress. yet they say that Congress has n
" right to make the laws for the government {
:, anybody in the Territories. But the Indian IL
~ tefcourse Act instituted by Jefferson himsel
nS ~ 10 in force in every Territory, and "squstte
Sovereignty" wells ler diadem. and then Il is
"A humble compliance for the United States
~ make the laws,
" If the Territories have the right to max
laws for the Territories, why don't you say
4 the people, sell what you plelsel Squat &
~ Sovereignty did not think Of that. Squat,
= Sovereignty is but youth yet, aud he ha
~ not time TO think about that. Possibly he wi
N think over these things some day, gather hin
a. self up and sink away.
"a The speech misunderstanding table
which are property, recognized as such IN N
10. ny Of the States, are they tolerated in your O
~, ganic laval And has any one found that d
~ exclusion Of ardent spirits was violation
~ any constitutional privilege or right" YetyC