The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-03-17

al Legislature should pas the Maine liquor
law, and il anybody was dissatisfied with the
provisions Of that sot, and thought it viola
ted his constitutional right, he could not
come TO Congress for its annulment. hut
could appeal TO the supreme Court Of the
United States and il that Court decided
the law TO be constitutional, il must stand,
no matter how obnoxious II might be to any
portion Of the American people. N it was
unconstitutional, it became void without any
interference by Congress, or any other legis-
lstivs body. The Kansss Nebraska bill
was thus amended for the avowed purpose,
at the time, Of striking out the appeal to
Congress and substituting the appeal 10 the
Court.
After we had gone that far, Senator
from New Hampshire pointed out 10 the
Nebraska bill the fact that no appeal could
be taken to the Supreme Court OF the Uni
ted States unless the amount Of property in
controversy was $1,000 in value and hence
that negro could not appeal for his free
dom, nor could the owner OF q single slave
appeal to the Supreme Court TO establish
his title, il he thought bis rights were VIC.
lated. In order to obviate that objection,
We amended the bill by providing that
where the title 10 property in slaves, or any
question Of personal freedom was the point
10 issue, the right Of appeal to the Supreme
Court should exist without reference to the
amount in controversy
Thus the Kansas Nebraska bill stood,
granting all rightfnl power OF legislation on
ali auhsacta hat "a he Ta--.tnr;aI
Legislature, subject only to the Constitution
Of the United States, providing they shoald
not pass any law taxing the property OF nom
residents higher than that OF residents, nor
any law interfering with the primary dispo-
sition OF the soil, nor impose any tax on the
property of the United States but there
was no exception made as TO slavery. The
intent was to confer on the Territorial Leg.
isIature all the power we had on the subject
Of slavery, toilet them WELD it for or against
free institutions, NJ the people Of the Terri
tory chose and the understanding was, that
We would abide by whatever laws they
might make, provided they did not violate
the Constitution OF the United States and
the Supreme Court was the only tribunal
that could decide that question.
Now, sir, | stand on the Kansas " ebras-
ka bill - il was expounded and understood
at the time, with this full power in the Ter
ritorial Legislature, with the right Of appeal
to the Supreme Court to test the validity OF
its laws, and no right whatever to appeal to
Congress to repeal them in the event Of our
not liking them. am ready tsasswer the
inquiry of the Senator from Mississippi.
whether, If believed the Maine liquor law
to be unconstitutional and wrong, and il u
Territorial Legislature should pass it, |
would vote here to annul il tell him no.
If the people OF Kansas want Maine Ii.
quor law, let them have it, n they do not
want it, let them refuse to pass il. II they
| do pass it, and any citizen thinks that law
violates the Constitution. let him make =
ase and appeal to the Supreme Court. If
he court sustains his objection, the law is
old II it Overrules the objection. the de-
cision must stand until the people, who
alone are to be affected by it. who alone
have an interest in it, may choose to repeal
t. SO say with reference to slavery. Let
the Territorial Legislature pass Just such
laws in regard to slavery us they think they
have right to enact under the Constitution
Of the United States. II I do not like those
laws, | will not vote to repeal them if you
do not like them, you must not vote to re-
peal them but anybody aggrieved may ap-
peal to the Supreme Court, and if they are
constitutional. they must stand; if they are
unconstitutional they are void That was
the doctrine of non-intsrvsntion, a. it was
understood ct the time the Kansas Nebras.
ka bill was passed. That is the way it was
explained and argued in the Senate and in
the House Of Representatives, and before
the country. 1t W. distinctly understood
that Congress was never to intervene for OF
against slavery, or for or against any other
institution 10 the Territories but leave the
courts to decide all constitutional questions
As they might arise and the President to
carry the DEGREES Of the court into effect
and. in case OF resistance to his authority in
executing the judicial process. let him use, il
necessary, the whole military force OF the
country, IS provided by existing laws.
know that some gentlemen do not like
the doctrine OF non-intervention as well NJ
they once did. II is now becoming fashion
able TO talk snceriDgly Of your doctrine Of
non-interventiou." Sir. that doctrine ha:
BEEN a fundamental article in the Democratic
erod for years. II has been repeated ovel
and over again in every national Democratic
platform-nou intervention. by Congress
with slavery in the States and Territories
The Nebraska bill was predicated on tina,
idea-ths Territorial Legislature to hav,
jurisdiction over all righ,ful subjects Of leg
islation, not excepting slavery, with no sp
peal to Congres but right TO appeal &c
the Courts; aud the legislation to be void i
the Supreme Court said i, was uncoustitu
tioual and valid. no matter how obnoxiou.
II the court said II was constitutional. le
me call attention 10 the language Of ,ht
Kansas Nebraska. bill. Its fourteenth sec
ton provides
That the Constitution and all laws Of III,
United States Which are not loo ally applicab.,
shall have the same force and eject IN the s.lc
Territory Of Nebraska. as elsewhere within n,
Uuitsd states, excsptthe eighth section OF IN,
act preparatory TO the admission Of Missouri