Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1860-09-11

instead Of trying what meaning may b
squeezed out OF the text, or invente,
against it. conform 10 the probable on
IN which il was passed
Also, IN the same letter, be SAYS:
Laws are made for rnen of ordinarr
understanding, and should, therefore, b,
construed by the ordinary rules of CON
mon sense. Their meaning is no, to b,
sought in metaphysical subtletes, which
may make anything mean everything, O.
nothing, at pleasure"
! Apply the above rules OF construction
to the remarks OF Messrs. Madison
/ and Sherman. and see if YOU can come
to the same conclusion, as Ia the "Dred
Scott case"
Thomas H. Benton, in his "Examina-
Of the Dred Scott Decision" says;
The prohibition of slavery in Il tor
| rltory Is assumed Jo work an Inequality
| IN the States, allowing one part 10 carry
It's property with 1.-THE other no.. This
| IS mIstake-a great error OF fact-the
| source OF greal errors of deduction. The
| citizens of all the States free and slave
are precisely equal IN their capacity tc
| carry their property with them lD'0 The
territories. Each may carry wha yer
Is property by the laws of nature. Meth
er can carry that which Is oaiy property
! by statue law; and the reason Is, because
he cannot carry with him the law which
makes II property. The NirginIan max
! carry his man slave bat he cannot carry
with him the Virginia law, which makes
! hlm slave. The citizen of MasSaCau-
setls may carry wIh him the pile d
money which, der a State law, colsti-
lutes a bank, but he cannot carry the laNs
or charter which makes it j bank. And
besides being impossible, il would be alb
surd, and confusion coufoundeI 10 be
otherwise"
Benton further says:
The principle (of the declsion) is
| that ihe Constitution carrying slavery in.
10 the territory, the holding of slaves
there Is i constitutional right which can.
not be defeated by an Act Of Congress
Now, that being the case, can any other
authority defeat 1t? Cau State DO il!
Can one State do by itself what all the
States together IN Congress cannot do?-
tn argument Of the Court proves too
much, and, pushed 10 lis legitimate con-
clusious, wouid invaldate State Consti-
tutions and laws rs readily as it does
Acts of Congress, there being no differ
ence IN the right 10 90 and to stay in the
State as well as the territory, as long as
there remained in it any soil acquired by
the common blood and common treasure
Of the whole"
Ia another place he SAYS:
"Ihese decisions upon their face show
themselves 10 he political, and, tried by
the test Of enforcement they are proved
TO be 50. The Supreme Court cannot
enforce these decisions; and that is the
test of It's jurisdiction. Where it cannot
enforce, Il cannot try. The Court IS an
authoritative body, acting with author
ny, and having power 10 enforce its au-
lhority, wherever il has jurisdiction. Il
can issue lis mandamus, 1--WE command }
and mas machinery to execute II-Afar-
shals, jails, fines, imprisonment. None
of this machinery can be employed upon
Congress or the people. Suasion is the
only operative agent aPoA them; and this
agent, either moral or political, Is not the
weapon of the Court. The pulpit aud
forum persuade: a court commands.'
We now come to the fourth point
which is,
That hIr. Douglas las never giver
any evidence Of his PERSONAL wishes ol
desires 10 extend the area Of Freedom,
or limit the extension of Slavery, by al
constitutional means"
This assertion may seem strange
very strange: that the Acknowledged lea
! ders OF The Northern wing of the grea
/ Democratic party, who from their posi-
uon, their Interests and feelings, ar,
supposed 10 be strongly imbued with tht
/ feelings ami Interests OF the great free,
/ white laboring masses of the North
\ that this leader, who has been 50 long
! IN public life, should have left so ECoRI
4 of his personal wishes or desires 10 ex-
/ tend the "area of Freedom or limit tn,
/ extension Of sIavery-bu; 40 the Law
and the testimony" In his speech IL
the Senate, March Is. 1850, (GIob
/ part | . page 37I. he says;
My bands are ued upon one isolated
point---inslructed by the Illinois Legisia
.uce IL 1918 to vote for pr0hi5uing sta
very IN the Mexican territory,
/ / have never differed with tny constItu
i enls during seven years service IN Con
/ gress. except upon Chis) one solitar
/ question, aud even upon that have y
I c0Hstttuts0nal difficulties"
Now read that over carefully, especial
E.. ly yol old Illinois Democrats who hav
lived here since 1917, and recoIlect III,
stand tasn taken by The I.Laois Dsmoc
racy.
You viii know that in 1919. the Leg
isla.ure Of this State, (overwhelmnng
Democratic as Il was. instructed he
f Senators and requested her Representa-
,ives 10 vote for prohibiting slavery j
all our acquired Mexican territory.
Now notice, he says he Uttered wit
his c0us.iiuents---on what point! NJ
upon any constitutional point WINS
theD2 /, must have been upon the gr0uu
Of erpellegcy. /, IS clear that he though
il not erpsttelat 10 prohibit slavery frof
extending over the free territory acquii
ed from Mexico---Hot erpeIieilt 10 iegis
late for freedom, - the exclusion OF sla
very, even when, as Fhe adm.Is. lher
were no constitutional objections IN IL
way. Does not this show that he ha
no personal wishes or desires 10 advanc
the Interests OF the free white laboTIn
men OF the North. by all constitutions
means.
Bat again: In 1913 Mr.. Douglas prC
r7oSad IN sytand ,ba Missouri farnnrF