White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1860-03-29

4
" because l have received from individ-
uals many letters. too many to be sep
arately answered and have seen in many
public journals articles making urgent
calls upon ne for such statement Of my
views.
l. slavsy-Its extension in the Terri
tories.
On this subject. in the Statse and in
the Territories, have no new opinions-
no opinions formed in relation to The
present array of parties i am eOeval
with the Missouri question Of 1890.
having begun my political life in the
midst Of that struggle. At that time my
position required me to seek all the means
of knowledge within my reach, and to
study the principles involved, with all
the powers Of my mind and arrived at
conclusions then, which no subsequent
events have induced me to change. The
existence Of negro slavery in our country
had its beginning in the early time Of the
Colonies, and was imposed by the moth
er country, against the will Of most Of
the colonists. At the time Of the Revo
luton. and long after, it was commonly
regarded as an evil, temporary in its ma
ture. and likely to disappear in the course
of time. yet while it continued. misfor-
tune to the country, socially AMI politi.
cally.
Thus was 1 taught, by those who made
our government, and neither the new
light or modern civilization. nor the dis
covery Of a new system of constitutional
law and social philosophy. has enabled
me to detect the error Of their teaching.
Slavery is "a social relation" "a domes-
tic institution. Within the States, it ex.
lists BY the local law, and the Federal
Government has no control over it there.
The Territories. whether acquired by con-
quest or peaceable purchase. are subject
and subordinate; not sovereign, like the
States. The nation is supreme over them.
and the national government has the
power to permit or forbid slavery within
them. Entertaining these views. l am
opposed to the extension Of slavery, and,
in my opinion, the spirit and policy Of
the government ought to be against its
extension.
2-Does the Constitution carry slave
~ into the Territories !?
/ answer no. The Constitution Of the
United States does not carry slavery in
to the Territories. With much more
show Of reason may it be said that it car
ries slavery into all the States. But it
does not carry slavery anywhere. 1t on
ly acts upon it. where it finds it establish
ed by the local law.
In connection with this point, / am
asked to state my views of the bred Scott
case, and what was really determined by
the Supreme Court in that case. 1t is
my opinion, carefully considered. that
the Cont determined one single point of
law only. that 10. that Scott. the plain
tiff. being a negro Of African descent.
not necessarily aslave. could not be .
citizen of Missouri. and therefore could
not sue in the Federal Court and that
for this reason. and this alone, the Circuit
Court had no Jurisdiction of the cause, and
no power to give Judgment between the
parties. The only jurisdiction which the
Supreme Court had of the cause was for
the purpose Of corr Meeting the error Of the
Circuit Cont. in assuming the power to
decide HpOn the merits of the case. This
power the Supreme Court did exercise,
BY setting aside the judgment Of the Cir
cult Court upon the merits, and by dis
missing the suit. without any judgment
for or against either party. This is all
that the Supreme Court did, and all that
it had lawful power to do.
consider it q great public misfortune
that several of the learned judges should
have thought that their duty required
them to discuss and give opinions upon
various questions outside OF the case. as
the case was actually disposed Of by the
Court. All such opinions are extra in
dicial and Of no authority. But besides
this, it appears to me that several of the
questions so discussed by the judges are
political questions, and, therefore. beyond
the cOgnizance Of the Judiciary. and prop
sr only to be considered and disposed Of
by the political departments. II / am
right in this; and it seems to me plain,
the precedent is most unfortunate. because
it may lead to & dangerous conflict of su-
thority among the coordinate branches
of the Government.
8. AS to the colonization Of the free
blacks.
For many years have been connected
with the American Colonization Society,
of which the rising young State of Liber-
ia is the first fruit. | consider the object
both hnmane and wise. bene6cent alike
to the free blacks who emigrate, and to
the whites whom they leave behind. But
Africa is distant. and presents so many
obstacles to rapid settlement, that We can.
not indulge the hope of draining of in
that direction the growing numbers Of
our free black population. The tropical
regions of America. I think, offer q far
better prospect, both for rs and for them.
4. As to any inequality Of rights
among American citizens
/ recognize no distinctions among
American citizens, but szch as are ex-
preesly laid down in the Constitution.
And hold that our Government is bound
to protect all the citizens in the enjoy.
ment Of all their rights, everywhere, and
against all asssilants. And, g. to al
These rights. thsre is no difference between
citizens born and citizens made such BY
law.