Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1860-10-10

tiit NNlfh W NAH i''AN ANNNNNA NN
friends oj the Kansas bill as to III,
power ol territorial legislature L
cNu,u,lr slave property, II was agrees
10 rcEr II 10 thoeIiprdnc Court
and whcn il had been judicially de
ternincd. we should abide hy thcil
decision. Now bear with me Will,
| read II very little from the decis
ION of the Supreme Court Of IL,
United States IN the Drcd Scott ease
i.ct Us iur u moment turn Ia III,
calm, enlightened, judicial u,,cnnc,
Of Tho most august tribunal upon
the earth, This opinion WAS con
currcd in By all the judges except
two, and WIS uttered 10y the illus
trious Chief Justice Of the United
States.
-. u AlSrnrihsi mIated At con,
decision, commenting on the points
maintained in that decision, and
continued Us follows;
Now, ftllow-citizcns, what is the
authoritative decision of The Su.
prcmo Court of the United States,
TO whom we agreed to refer this
disputed question Of The power OF
the territorial legislature? They
decided that the territories have
been aoauirod and mo held by the
Federal Government, and that the
citizens Of tho United States may
hold and enjoy their property in
them until they take upon them
selves the functions oi sovcrcigntics,
and arc admitted into the Union.
Nothing less than II State being
competent to determine the question
Of slavery or no slavery, thcy de-
clare that the citizen enters any
Territory with the Constitution in
his hand, and that the Federal Gov
crnmcnt can exercise no power
over his property there which that
instrument has not conferred, and
they declare that since the Federal
Government cannot do it, still less
can it force II Territorial Govern
mont to exercise those powers which
it should not confer upon any local
governmental right TO distinguish
between slave property and othor
kinds Of property where no distinc
ton cXists--that property in slaves
is recognized by the Constitution of /
the United States, and there is 10 |
word in that instrument which (
gives the Congress Of the United .
States greater power over it or
which entities that.propcrty TO less ,
protection than any other property,
aud that the only power which the
Congress Of the States has, is in
guarding and projecting the rights
of citizens. Language could not
make it plaircr.
- la.s=-> lic,. !, !. gaiti tiiaL nc case
which vert to the supreme Court
Of the United States was not the case
which went from the Territories,
but Il case that went from Sta;c5
and therefore nobody is bound ghiil !
Il case comes from II T. .ritory aud
is regularly taken up. / reply, We
agreed to re!er it to the supreme ju- ]
dicial tribunal upon any case prop.
OILY arising and coming before that
august body. II was Il proper ease
and properly decided BY this Court.
1t covers the points Of difference be-
5wocn the friends Of the Nebraska t
)ill. 1t is candid clear, and statcs-
!!
Now have shown you the points 5
II difference between Us in that bill, 0
md the agreement between the I
ricnds Of the bill. | have shown {
-ou the decision of the Supreme f
1ourt. We have arrived ut q point 7
rhcrc there should have boon har- i
lony and poacC--a point agreed
pon-thc only point Of difference +
ad been determined by the highest 4
ldicial authority Of the Union or 7,
CURSE the constitutional question Il
'as settled according to tho agree ?
lent. Il
The opinion of the Supremo cour, ti
'as delivered in 1857. Everything at
-as quiet until the year 1851 whru {!
nc Senator from Illinois (Mr Doug "
ls,) was candidate for re cction 81
ON that State, and then, for the w
rst time in the history of American 10
olitics, we find the opinion adYan"- M
that there was II mode by "ic!' ",'
,c subordinate authoritic; may III
lcrrUlo the opinion of the '51eN gF
ourt in the Union. IN
Then we find the agreen 'n' t" t'
,i,lc bv the decision OF the Court, ~
olatcd by the declaration nladr 1t
ot an insubordinnte I,n,ri. Q; i.il asl---t-il.
city may coniiscatc or exclude or
ON the Territory the property Of tn
tiGcns of the Southern States, with th'
t regard to tho opinion of the SUI its
emo Court TO the contrary. ch
N debate between Senator Doug tr,
and Mr.. Lincoln, the former icy
d." Tho noxt question propolln do
1 to me by Mr. Lincoln is--Can
, people Of II Tcrritcry in any M;
sfIl way, against the wishes Of ~;
: United States, exclude slnvcry I"r
IN ihci.' |,mil rrisf - hc ''.-ni-'. -.
II oi' the State t.d.'iiHtian? ! st''
,wcrcd clnphalicaliy rs Mr. l. n'r
; heard me answer Il hundred We
les from every stump in Illinois 'ti'
i in my opinion, the people Of Il tln
rritory can, by lawful means, eN eou
de slavery from their limits prior Fol
he formation Of a State Consti- ere
ion. /" stei
hat question il WAS agreed, in the to
$50 : hrasla LII re;er-;o ihe ritg
W. ma Ceuri, and i Nas de,;dcd, HrfA
havo just hownyou TIE year con
irc this So ch was maic lay Mr. icd
lglas. ia VII ch decision ;hcy say thar
Z rcith"r Cn,9rr-s nor the Ter WO,