New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-26
NEW YORK DAILY TRIBUNE, FRIDAY, AUGUST 26, 1859
THE GARNET DECISION.

Wei row. il $50, Sir. Monroe beng P'e,1deol,
hi. law came ~ HE Csblne, for rs tlgnalfe' ,po
Ios been violent controversy, snd al me pfoo'em-
IN =, cond around sud between the interests Oh
,hs Free and Ssse : si.s The contradictory h,e''S
of ,he two the lie hts Of the Free snd save So,
had beer discussed by slme of the ao!et men ~ tu7
word MIR MuuIoe asked his Cabinet 10 give g,h,
every an, their opinions upon nus question. IT,.
"Corgress TIE poS.r to prohibit Slavery IN the ioi
" ri'or.s north Of 30 81 ..,.
equal 10 the men who have preached TINS modern lea
I speak Of all the men concerted IN propagatiog ths
doc,rre John Quircy Adams was Secrstay oi Statei
Wm II. Crawford, aveholder OF Georgia Secretary
# the Treasury; John &. Ca!ooun-uy Deino'fa'lc
friend nv ps,in,r ny brother, you that believe IN
"Squsf,rr Sovereignty" was not John Z. Calhoun u
Ipsn Of considerable head, and WIS not he greaV
riend to Slavery. much a. any OF you can De ne
was Secretary If Wsr. William Writ wonder II
the ,,mr LAWYERS row a-days who adopt this new
idea of Squatter Sovereignty young gentlemen
only LEI loose from school yesterday, AM VINO VI
ceur,e 90 study have looked far rs To read E-p-
ua,,es Ns PTius two three chapters IN ack 'one
Commentaries Swans Tres'ise on Justices OF the
y, ace and " i'coNs Forms-certanly they know more
Of this thing Il an Mr. Writ, man VINO was oorh 10
Slave State ard the Iennes-eears souet uies say
yayed up IN a Slave State, educated 10 the highest
n,int Of qualification of the human facules. "leh
heart op,n as charity itself to every impression,
ard with cultivated head, as | nave said ne Ike i
which hos rarely appeared among me ulo.. uls'ii'
nisl co of our unsts and statesmeIhe wss Az orney
General = l.. Southard OF ew.Jersey, was Secre-
tary Of the Navy. john Mclean "ss Postmaster.
G.n.rsJ but at tha. time the office wss rot Ca0oet
office Do YOU remember these men Do yod know
ANYTHING about them Ii you 10, do you ses no evil
d.nce of tie decadeL hat takes place in public men
Of our times Write down those names, reso their
biographies, ard then write down the names oil the
rre,ent cabin ct ana then compare them. The one
Ger Grafton has gore away. say nothing dsrespect-
nl of these meu think that they are about the best
buchanan could get, but Of course these gentlemen
nearer to the tine when the Constitutloh was mtle
orlH kpnU n
meant bv /, III an we would. Monroe himself did not
entertain doubt upou the subject aod he vac some,
thirg Of mani, that ii any Legislature could expel
or admit Slavery into the Territories Congress could
do il. There uas 10 other legislative function 70 be
performed by any body and nobody to perform II. Mr..
Wirt. Mr. Suuttard, Mr. Adams, Mr.. Calhoun, Mr..
Crawford al Of them agreed. Some OF these gentle
men had the honor to know and do not know of
these who hold 10 the cocrIe of the bred Scott deci
sop any thet could be said to be ther equal, the
equal If any of them. 1t was so IN 1873.
ask you, my fellow citizens, is there ever TO be an
end of this question What does the Judge tell you
when he decides case lie tells you, in the Ian
euaqe of the law that il expedent for the country
" thst there should be end to the question. Your
law titles depend upon that. Wonld you not consider
il strange IT, twenty years after another Court should
come and decide the contrary! A sensible Court
would saw this has been decided twenty years ago,
argued leg ally and it is expedent for the country
that there shOuld be end to the question:. Ii you
want to have written Constitution that you can rely
on at all you mast have an Interpretation put upon the
words and let it read that way until the people choose
70 change il by altering the words otherwise written
Constitution will be- mace to read TINS thing one year,
ard ar other thing another year.
IL was settled then, in 1888 in 1893, in 1872 in the
great Mss ,ur restriction, by the Judgment soemaly
Of an entire Cabinet of the profoundest lawyers
have known III the country oelug y-ueneral.
WISCONSIN AND MICHIGAN.
But what else did you do about it tell You you did
right on the same thing to the year 1850. la the year
1886, Wisconsin came Territory; you organizei
her Michigan came Territory, aud you organ
lied her, and you provided in thar organic law that
while the L. gissture might make laws and send them
TO YOU if Congress disspproved of those laws thsy
should be hul aud void. President Jackson signed
bills Of this kind. Did not " Old Hickory koow Il
thing or two about this natter President Adams
signed such bill: both the Adams sgned such bills;
Monroe signed such bills Madison signed bills like it,
All of those bills involved tina. question, and all de-
cided them one way, ard even in $780, IN that Com
promise a. called, it is an acted that New
Mexico and Utah shall seed their laws to Congress,
and if Congress disspprove of them, they shall be
null and void.
"Squatter Sovereignty {" Do you know more than
all tho. 20 men Are You egotistic enough TO believe
that you understand the words of the Constitution
better than all the statesmen, public men, lawyers and
private men that have lived before you for seventy
years Have you that confidence in YOURSELF If
you have, God have mercy upon you! You are past
praying for, and en- done. Laughter
Folks DOCTRINE.
Don't you know we acquired the Territory of Oregon
under Polk administration and put the Wimot pro-
WHO it Did not Polk know as much about as Mr.
Douglas Did not jackson know much about this
thir Q as Stephen A. Douglas Did not Mr.. Monroe
and his Cabinet SO far about the legislative power
Oh this question.
THE SUPREME COURTS DECISION.
The Que stion up from Florida in perhaps 1924
or 1876, in the of Canter against Insurance
COMPANY You will find the case in Howaris Re-
Iohp Marshall Chief ,Iusfice If the limited
States then Mr.. Story was on the bench; man
whose law books the subject OF our laws, and on
the subject of law and cbsncery in general, have been
read with the highest commendstion of any that
has ever written Law books during the last century, in
the Court of Kings Bench in Westminster Hail. John
Marshall the bench, and the man that does not
know something of him ought not to be allowed to
vote. The very question brought into the Court
as to whether law being made by Territory was
valid or not. The Court said it was not that there
was no power under heaven to make laws in Terrific
ry but Congress.
Now. NV brother Democrat what was the reasoning
of Chief Justice Marshall He was no fool but, If
there intellect vouchsafed by God to msu,
that competent TO unravel the sophistres of men,
it was John MeTs'ell to whom it was given. Why,
lie said How is this how this be Congress has
the power to acquire territory by treaty, and who will
the territory be conveyed to To the Territory
No To any State No To the United States the
cession is ade. Spain conveys New Mexico and
California to the United States. What follows If
there is any law to be made for that Territory that
yesterday foreign Territory it is by the egisla
tive department of the Government to whom the Ter
ri'ory is conveyed. What is the legislative depart
ment of the Government Of the United States Con-
gress That bis reasoning. 1t is very simple
very plain, and utterly and hopeessy conclusive
against those who have got up this new doctrine.
Well, is not that enough Mus. there not be end
to the question some day Must not know
day what is the meaning of our Constitution For
sxt flour years the Courts of the United States have
decided, aud Congress has so decided and Cabinet
Ministers have go decided; Presidents of every COM