The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-09-19

Sc obtained. it was not only within the scope
re its mower. Init Il was its duty to pass SUE
at laws and establish such government
would enable those by whose authority tbs
1t acted, to reap the advantages anticipated no
lie its acquisition, and to gather there popuii
If ton which would enable it to assume the p
4. sition to which it was destined among I'll
h States Of the Union
,e But in regard to the power OF congress
le providing that government, the Court say
IN g The power TO acquire, necessarily carr,t
I with4t the power to preserve and Apply Ply 70 "a
n purpose for which it was acquired Inc lorL
= Of government to be established, necessaril.
i rested in the discretion of Congress
n Then going on, link by link, developing
d the conclusion, they say -,
: aThe rights of property are uni,eu VIZ
: the rights Of person. and placed on the SAM
I | ground by the fifth amendment OF tne CoIst'
: tuition, which provides that no person si,ai
be deprived Of life, liberty and properly, WIN
j out due process of Law. An act OF Ion n
! which deprives citizen OF the United otates
came himself or brought his property into
particular Territory Of the United States, and
who had committed no offence against the
laws, could hardly be dignifed with the name
4 Vi uu0 pIUC6So VI a8Ns
$50, too, it will hardly be contended that
Congress could by law quarter soldier in a
house in Territory without the consent of
the owner, in time of peace; nor in time OF
war, but in a manner prescribed by law. Nor
| could they by law forfeit the property of a
citizen in Territory who was convicted of
treason, for longer period than the life Of the
person convicted; nor take private property
for public use without Just compensation.
The powers over person and property of
which we speak, are not only not granted to
Congress, but are m express terms denied,
| and they are forbidden to exercise them. And
this prohibition is not confined to the States,
but the words are general. and extend to the
whole Territory over which the Constitution
gives it power to legislate, including those
/ portions Of it remaining under Territorial gov
eminent, as well as that covered by States.
1t is total absence Of power everywhere
within the dominion of the United States, and
places the citizens Of Territory, SO far as
these rights are concerned, on the same foot
ing with citizens of the States, and guards
them as firmly and plainly against any inroads
which the General Government might at
tempt, under the plea Of implied or incidental
powers. And if Congress itself cannot do
this--if it is beyond the powers conferred on
the Federal Government-it will be admitted,
we presume, that it could not authorize Ter
ritorial government to exercise them. Itcould
confer no power on any local government, es-
tablished by its authority, to violate the pro-
visions Of the Constitution
Again the Courts say,
It seems, however, to be supposed that
there is q difference between property in a
slave and other property, and that different
rules may be applied to it in expounding the
Constitution of the United States. And tie
laws and usages of nations, and the writings
of eminent jurists upon the relation of master
and slave, and their mutual rights and duties,
and the powers which governments may ex-
ercise over it, have been dwelt upon in the ar
gument.n
And they say that the idea got abroad
through the country through the speculitions
Of foreign political writers. But the Court
goes on to say that the rights of persons and
property under American laws is defined by
written Constitution, and, finally, they say I:
If the Constitution recognizes the right of
property of the master in slave, and makes
no distinction between that description of pro- |
perty and other property owned by citizen,
no tribunal, acting under the authority of the |
United States, whether it be legislative, exec
utiRe, on judicial, has right to draw such |
distinction, or deny to it the benefit of the pro-
visions and guarantees which have been pro
vided Tor the protection of private property |
against the entertainments Of the Govern |
ment."
And who will deny that . Territorial Legis-
ature is legislative tribunal acting underline
authority of the United States T" And no word |
an Be found IN the Constitution which gives
Congress greater power over slave property,
VI which entities property of that kind to less
protection than property Of any other descrip-
ion. The only power conferred is the power
COUPLED with the duty of guarding and pro-
Getting the owner in his rights"
Now, fellow citizens what is the authorize
i've decision Of the Supreme Court of the
United States TO whom we agreed to refer
his disputed question about the power Of the
.erutofial Legislature. They decide that
Fhateyer territory the Federal Government
cquires Is trustees for the citizens of all the
'tates with their property must enjoy it as
omnOn citizens Of common, States. Nothing
lse than sovereign being competent to define,
or impair property. They declare
hak the citizen enters the common Terrific
les with the Constitution in his hands. They
leclars that the Federal Government can con-
sr no protection to the citizen beyond what
be Constitution has given, and they say still
- ean It authorize . Territorial Legislature
o exercise powers which are denied to itself.
Then, for the purpose Of clinching the whole
ubject, they 90 on and say, the only power
onferred Is the power coupled with the duty
{ guarding and protecting the owner in his
lights" They decide that no distinction ex-
sts between pruperty-that property in slaves
J recognized By the Constitution of the United
;tates, and that there is no word in that in
trpmept which gives Congress power over it.
That is the decision. Human language
oulds not bemore complete or more plain, If
be Court had written as much about it as
have made speeches over the ques-
ion.
have heard it said that the case that went
o the supreme Court Of the United States,
Vas not the case which went from the Terri
ores, but . case that went from State, and
bat therefore we are not bound by it until q
use arises n p Territory, and is taken regu-
lriy 10 the Supreme Court of the United
'tates. That IS in my mind confession that
70 agTeedsto leave it 20 the supreme judicial |
tribunal upon any case properly arising and
oming before that august body. It was q |
roper ease, and properly decided by the Court.
covers the points of difference between the
lends Of tho Nebraska bill. 1t is not candid,
Or manly, nor statesmanlike, to attempt to
odge the results Of that conclusion. by saying
lat that case went from q State and not from
Now, fhAse shown you the point of differ
nee between us IN that bill, and the agreement
etween thefriends Of the bill. Ihaye shown
on the decision Of the Supreme Court. We
ave arrived at . point where there should
ave been harmony and peace. We have ar
lived at the point agreed upon The only
,oint Of difference had been determined by
he highest judicial authority OF the United
States, and the equality of the rights of per-
sons and property of all the citizens would
hazs been recognized, stamped by the seal of
judicial authority, and we would not have had
any controversy or agitation except by little
band Of Aboliionists, whom the conservative
masses would have subdued. The RepubIi-
sans Of course tradnced the Court, but it was
neter 70 have been expected that any friend
81 the Kansas bill-any one pledged to abide /
b. the decision, would attempt to override
hat decision. 1What" you will say, "no- /
body disputed that at all"
You viii think that now you will have
time 70 turn your attention to the great ma
tefiaf interests Of the country. You have laid
Lhaspectre Of slavery agitation Not at ALL
Unhsppdy not At all
The opinion Of the Supreme Court was de- I
livered u 1857. p Every thing was quiet until |
the year 1855, when the Senator from lii
NOS. Mr. Douglas, was q candidate forre-elec-
ton 70 the Senate from the State of Illinois, /
and then for the first time in the history of |
American politics, we find the opinion adj |
vanced that there vas mode by which sub |
ordinate authorities may override the opinion