Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-08-22
ADDRESS

ADDRESS
- or - $500
1as,essi lJvnocsassb y thsPssae o.. ~!
..~st.d i; sat. oo"rss"0' = Da'e"'' -
gus istAs 1sss. :. II
"Bst until that time arrives, II y
necessary that some g"vernmen. .;..v "a uo,ec,
,h .h;tsr,. In the persons and properly ana
-. IN. r.onae of the United Hsates coa'd g: ~
this mater oniv through the EOveFnmsn. wn'Sn
represented then, ssd through whace :sy 49,
and acted when the Territory was oO.. ~. =.
Il. Su;v 10 nsss sush kvs and establish sach .
-ovcrnment a would enable those BY whose au-
| ihority they acted to reap the advan!sses suuc.
! patsd fssa its seqHisitioas - = -.
population which would enable y " ..onr .hs
position to which it was desuneo .Io.. ~
states Of the Union. The power TO acquire neces,
sariiy carries with it the Psver TO presel.e M
apply 10 the purposes for which It WAS acquired.
| The form of government to Do ss.ao''s"sA !.
| liz rested IN the discretioH o. Cony'e~;
| their dutv 10 establish tho one that wou!d % Des'
,uited for the uro,ection and security Of the ciu
Gems Of the United States, and otner 49,
| who mi phe be authorised 70 take up tneii eoode
| there, ard that must always 90 emu uPvu ~
isting coalition Of the Territory, ~ 70 Tue n1.ot
and Character of its inhabitants, and their situ
tom in the TERRITORY. In some cases government
consulting of psrsons appointed ~ the feaera!
Government would best subserye the interests o.
| the Territory when the inhsbitanu Tefo .uu
| scattered, and new to one another IN Guns. ~
! stances it would be more advissp'e ~ 'o" "a
[ Douers of df-goyernment to the people VINO hao
settled in the Territory, Is being the most comps
tent to determine what was best for thsiI own "a,
| terests. But some form Of civil authority would
| be absolutely necessary to organize anu P'osu
civilized society, and prepare u TO escome o.s.s
and what il the best form must always dePe na %
the condition of the Territory at the time. and the
choice of the mode must depend upon the exercise
Of discresonary po1er by Cbsgress. acting ,c'th'n
the scope of i.s constitutional asthorsty and not ~"
trimg.ng upon the rights Of pe,so" or inc r'9m. q
properly Of the citiz,n 'eho might e. mere 20 ..sue
or for am other L,mfat purpose. icds dcqmred Cy
The erec of this disc,e tion dsd = must DC nstd
and aorerned in like manner, until - fitted to De-
Kut. sir. the Supreme Court Of the United States
in relation to this power OF congress anu OF inc
Territori. Il Legislature, has not stopped where
have Jus. read 1t has gone further, and said
sThe powers over person and property OF which
We speak,
that IT, the power Of con6scatng the slaves OF the
citizens of the slsvehold,ug States they 60 in'o
the Territories
"are not only not granted to Congress, but are
in express terms denie J. and they are forbidden 70
exercise thsm And this prohibition is not con-
fined to the States, but the words are general, and
extend to the whse Territory over which the Con
/ stitutiOn gives it power to legislatc, ncuoine
those ,rtlons of it remaining under Terslttrlai
government, rs we'll as that covered by states. y
Is total absence OF power everywhere within the
dominion of the United States, and places the cit
liens of Territory, far these rights are con
cerned, on the same footing with the citizens OF
| the States and guards them as firmly and IIainly
do wh oh thu Gen0Pnl (4avern-
ment might attempt under the plea Of implied or
incidental powers and if Congress itself cannot do
this if il Is beyond the powers conferred on the
Federal Government, it will be admitted, We pre-
sumo, that it could not authorize Territorial
government to exercise them. 1t could confer NO
p)wer ON any local government established by it,
orty to violate the provisions of the Constitu-
tion."
Congress cannot destroy the property of q citi-
zen in his slave in q Territory. Congress can
commit to the people of q Territory the power OF
government-but in so committing 1t the court
say they presume it will ba admitted that Con
gr.ss cannot authorize Terri toria government to
exercise the powers which Congress itself is pro-
hibited from exercising. Again:
"Ana if the Constitution recognizes the right Of
property of tho master in the slave, and makes
distinction between that description Of property,
| and other property Owned by cit1en, no tribun-
| al, acting under the authority Of tho United
| States
And surely the Territorial Legislature, when
organized, are acting under the authority Of the
United States
"no tribunal, acting under the authority of the
United States, whether it be kgislaAre executive,
or judicial has right to draw such distinction,
| or deny to it the benefit Of the provisions and
guarantees which have been provide1 for the pro
lection Of private property against the encroach-
ments Of the government"
We have purposely quoted at length the spirit
of the bred Scot case, because this is the Law OF
the land, and should be read by every citizen of
| the United States, and will have more influence
upon every law-sbiding ellison, than anything
which can emanate from professional stump sneak
ers and politicians. The decision entirely annihi.
hilates the doctrine of Congressional prohibition
and srritoral sovereignty, and sustains the mid
die ground upon which the National Democracy
have planted their feet.
The ablest legal advocate of Mr.. Douglas posi-
ten, and really the only lawyer worthy OF the
name who makes plea, not for Squatter Sow
ereigLty for he is too smart for that but for stay
of execution against his friend Douglas until at
ter the present election, and for re argument Of
the question Of Congressional and Territorial Sow
ereignty before the Supreme Court is the Hos
keverdy johnson. Of Baltimore. Mr.. johnson ar
gued the bred Scot case, and says that tho court
have not definitely passed upon the questions Of
the delegated inherent powers # . Territorial
Legislature, although he frankly admits that the
court has decided that Congress has not the con-
stitutions power to prohibit slavery in the Terri
tories, and that differences for or against the Ter
ritorial power from the courts judgment negativ-
ing the Congressional powcr may be drawn" but
the learned gentleman in the plentitude OF his
friendship for Mr.. Douglas, still urges suspen-
sion ooplnion until the court has passed upon the
very point in issue, the extent of Territorial pow
or. He further admits "the right to take into and
hold slaves in Territory the right to haze pro-
lection in the Territories Of all constitutional
rights and that this protection is furnished BY
the Territorial! laws or by the judiciary it will be
the duty Of Congress to pass tho necessary laws
for the purpose"
Now what can be soundcr than these opinions
Of Mr.. johnson, and there is not friend OF John
Z. Breckinridge in the country, who would not DO
willing to vote for Mr.. johnson IN such platform
and it is a pity that the friends Of Mr.. douglas
had not have appointed Mr.. johnson rs commit
tee to have accompanied Mr.. Douglas in his can.
vass with Mr.. Lincoln in 1858, and prevented him
from there uttering doctrines subversive Of Con-
stitutloDa. rights.
But hear Mr.. Douglas speak for himself, in re.
ply to Mr.. LncOln's searching questions, he says:
Il answer empha tically, ~ Mr.. Lincoln has heard
me answer . hundred times, from every stump in
ILLINOIS, that in my opinion the people Of . Terri
tory can, by lawful mears exclude slavery from
their limits prior to the formation Of State Con-
stitution. 1t matters not, continues this gentleman
who processes such reference for the law uhat
rdy The Supreme Court may hereafter decide az to
the aJstract question: cheher slaue, may Or NAV not
go into Territory nader the Consiitution tie Deo
pie hare the latnl means to introduce Or exclude il
az they ptease."
Now, gentlemen, is it any wonder that tho en-
tire South should be indisposed to trust tho su-
thor of such sentiment? What use in ma hing
compacts with q man based upon the dec. sions of
tho Supreme Court who will travel around the
country teaching the people in ADVANCE hov thev