The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-04-04

ness. And ! do this the more willingly
because have received from individuals
many letters, (too many to be separately
answered, and have seen in many pub
lie journals articles making urgent calls
upon me for such statement of my
views.
| Ist. Slayery---its extension i the Territories.
On this subject, in the States and in
the Territories, have no new opinions
mo opinions formed in relation to the
present array Of parties. am coeval
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 me ans
of knowledge within my reach, and to
study the principles involved, with all the
powers Of my mind and I arrived at con-.
illusions then, which no subsequentevents
have induced me to change. The exist
ence of negro slavery in our country had
It's beginning in The early time Of the
Colonies, and was imposed by the moth
er country, against the will Of most of
the coloniss. At the time of the Revo-
luton and long after, it was commonly
regarded as an evil, temporary in its ma
ture and likelyto disappear in the course
Of time, yet while it ntinued. mis-
fortune to the country, socially and po-
lticaly.
Thus was | taught, by those who made
our government and neither the new
light OF modern civilization, nor the dis
coyery Of new system Of Constitution
al aw and social philosophy, has ena-
bled me 10 detect the error Of their teach
ing. -&5F-
Slavery is a " social relation-a domes-
tic institution" Within the States, it
exists by the local law, and the Federal
Government has no control over ii there.
The Territories, whether acquired BY
conquest or peaeeable purchase, are sub
ject and subordinate; not SOY ereign, 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,
! am opposed to the extension of slavery,
and in my opinion, the spirit and policy
of the government ought to be against
! us GAteilSioil. -a.
Docs the Constitution carry Slavery into
the Terri tories
| answer no. The Constitute of the
United States does not carry slavery into
the Territories. With much more show
of reason may it be said that it carries
slavery into all the States. But it does
not carry slavery any where. 1t only acts
upon it where its finds it established by
the local law q ~
In connection with this point, am
asked to state my views Of the bred
Scott case, and what was really deter
mined by the Supreme Court, in that
case, 1t IS my opinion. carefully con-
sidered, that the Court dete rmined one
singh point of law on y, that is, that
Scott, plaintiff, being negro Of African
descent mot necessarily slave could
not be citizen Of Missouri, and there
fore could not sue in the Federal Court,
and that for this reason, and for this
alone, the Circuit Court, had no juris-
diction Of the cause, and no power to
| give judgment between the parties. The
only jurisdiction which the Supreme
Court had of he cause was for the pur-
pose Of correcting the error Of the Cir
cult Court in assuming the power to de-
eide upon the merits Of the case. This
power the Supreme Court did exercise,
by setting aside the judgment Of the
Circuit Court upon the merits, and by
dismissing the suit, without any judg-
ment for Oh against either party. This
is all the Supreme Court did, and all that
it had lawful po wer 10 do.
consider it IA great pu Bile misfortune
that several of the learned Jud ges should
have thought that their duty required I
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
judicial and OF no authority. But, be-
sides this, il appears 10 me that several
of the questions so discussed by the
Judges, are political questions, and,
therefore, beyond the cognizance Of the
Judiciary, and proper only TO be consid-
cred and disposed OF by the political de-
! partments. If | am right in this, and
it seems TO me plain, the precedent is
most unfortunate. because it may lead to
a dangerous conflict of autho rity among
the coordinate branches Of the govern.
ment
3.--As to the colonization of the free blacks
For many years | have been connect
ed with the American Colonization So
ciety, Of which the rising young State
Of Liberia is the first fruit / consider
the object both humane and wise, benefi-
centaike TO the free blacks Who emigrate,
and to the whites whom they leave be-
hind. But Africa is distant, and presents
SO many obstacles to rapid settlement
that We cannot indulge The hope Of drain
ing off in that dire ction, the growing
numbers of our free black population
The tropical regions of America, think,
offer a far better prospect, boths for us
and for them. L1aeI@.
| As to any inequality OF rights among
| American citizens.
I recognize no distinctions among
American citizens, but such as are ex-
pressly laid down in the Constitution
And hold that our governments bound
| 10 protect all The citizens in the enjoy
I oil 81, L 4