The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-07-09


stance of the compromises of 1850 assert here beyont
the power of successful contradiction that they embodS
no principle at variance with the doctrine of nonnle
vention as have endeavored to explain it, Mr.. Douglas
says the act recognised his doctrine
intervention can only say you in the hurry
ms DISCOURSE that the principle of the Kansas Nebraska
DILL as that of the compromise 1850, are
sentally identical with the Cincinnati PLATFORM which
have read to you and they all mean this that Congress,
shall not establish or ecclade slavery from Territory
either before at the time of its organization as State
But gentlemen that question has undergone tb
of the highest tribunal and is res ddjudicatd
distinguished lawyer Of Maryland and must refer
10 nm as pubic man with every personal respect and
the highest admiration for his legal requirements and
his character as citizenhas told you in public COMMIT
ncaton that he argued this before the Supreme
Court and That no such question presented in the
record ana therefore no such question could be properly
decided by that CoHt-that it was obter dict, ecis
ION outside OF the record But it seems to have been for
gotten that Chief Justice Tanya copy of whose opinion
hold in my hand-most distinctly anticipated that very
objection and says that it not obier ict outside
the record but that the decision of the Supreme Court
was within the record because the whole of it is one
single annunciaou OF legal principles intimately CON
nected with the subject-matter to be decided Judge
fancy repndiated that very objection in advance.
= You or might not be able go before the Supreme
Court and argue the with the same ability as this or
that particular lawyer but hold that any man in this
audience who is capable of understanding great hstor
Iacitus or Gibbon-any man who is capable of under
standing philosophical problem, when he it in
homey English or mystical German-any who can
comprehend commercial treaty. when he reads it in the
public papers, take up Chief Justice Taneys opinion
and inform himself correctly of the scope of
|
| to the planest good sense.
G Gentlemen do not come here to excite your imagna
ton or touch hearts with impressive appeals
were able SO to do This is the day the hour when we
must put together counses, hand in hand
d h anu pran,to 6rain-love, affection, confidence, all
py sue, 10 see whether not work out of the
ul,nculties W tues OF our position (Applause)
are t1d tha the sole question for the Court to de
cue was Whether bred Scott, being an African by de
scent was citizen within the meaning of that tenn
used by the Constitution of the United States and whe
ner OF not ne could institute suit in Federal Court
Chief Justice Taney, sustained by FIVE of the Judges
OF whom have said were from northern States decided
hrst that no negro was citizen of the United States
| within the meaning Of the Constitution; and, further
that II bred Scott were free negro, and were
capable of suing in United States Court, yet upon
record he has admitted that he slave, and
now claims upon the record to be free Why ?
Because he was removed by his master to Fort Smelling,
in Upper Louisiana, which is north of So 3O< otherwise
called the Missouri line and that therefore, slavery
was prohibited above that line, his removal there oper
ated his emancipation Chief Justice Taney says are
| called upon to decide that question.
Then came the necessary preliminary question whether
the Missouri line was constitutional whether
gress or any power created by Congress- could establish
Missouri line or regulate slavery in any in
territory That the Supreme Court decided deciding
that they had to decide all other questions property
equality of States Congressional powers territorial
conditions that were german to the record, and without
which an intelligent decision could have been rem.
dered The Court did than this; and in doing it
the learned and patriotic Judges have exploded the doc
une OF squatter sovereignty Hence this cry of 0bier
| dactum 1t is the last cry of the death throe.
Here then is the point and the only point Did divers
pubic men preach squater sovereignty years agowhat
then? Did platforms proclaim i-what then? If it was
false doctrine it binds living man. now that the Su-
Preme Court has spoken 1t binds party, il any party
ever poessed to be bound to it, but the fact that
the leading men of the Democratic party with very
few exceptons ever committed to such an infer
probation of noninteffenon and popular sovereignty
Mr.. Douglas now stands upon. Those public men have
Indignantly denied it. and refused to accent earbled
tracts from their old speeches fasten such an
ton upon themand the author Of the Cincinnati plat
form, himself the distinguished Hallet Massachusetts,
distinctly denies that his pen the first linea
ment of squatter sovereignty in that mastery exposition
Of Democratic principles which he gave country at
| nnati N.I, raa1lf
| cient
Wellths question left an open question in 1850
and 1854 when the compromise and the Kansas
NEBRASKA legislation respectively occurred. 1t was
agreed to disagree for the time being, the Court
should decide 1t perfectly with the
position of Mr.. Douglas towards the Democratic party
that large portion of it, and that portion inhabt
ing the South should favor his nomination for the Pres
dency, at cincinnati in 1885, as they did. The question
was still open, and unadudicated by the Court and
therefore, the South willing wait. In the mean
time they did not forget the still be remembered gal
anty OF Douglas in many hard fonght over the
slavery iSsue-and the South, generous and mpusve
Cincinnati with gushing gratitude and gave him
an almost undivided vote, especially from the Cotton
States. The South did not nominate Mr.. Buchanan.
1t afterwards that the bred Scott decison was
dered-it afterwards the arch of Black
Repuhcanism who recently repudiated at Chicago
as available candidate, stood up i'll the Senate and
nounced in extraordinary terms of bitterness yitu-
peration the usrous Chief Justice for having crowned
the honor of life of four years with the grandest
constitutional argument record-it afterwards
that accepting this authoritative settlement what had
| previously been an open and debatabe question: the
able Lewis Cass in their midst and the President in the
front, surrounded all sides by the very chivalry OF
| the Democratic party, North and South called on Mr.
Douglas to redeem the engagement he and they
made to abide by the decision of the Court whenever
| might be announced.
Mr. Douglas denied that the Court had so decded-be
did more-at least he is reported to have more and
have never heard the contradiction of the charge-he
went back to the State of Illinois, to the present
Black Republican Presidential candidate on the hustngs
in contest for the United States Senate Lincoln sd
mitted and denounced the decision the Supreme Court
| higher
denied the fact Of the decision and with distinct
understanding of each others position that Lincoln nro
pounded, and Douglas answered. the memorable inuuiry
whether territorial people could by any means prevent
and at what time hcero the formation of State
as State Douglas replied, that they exclude sa-
very by the non or unfrendly action of their leg
ature, slavery could not exist without police rega-
lations-not that they had the naked power to do so-o
the clear implication of his statement that it was tatv
n Tor them to do So If the published debate between
himself and Lincoln does not misrepresent him. then
have correctly stated the substance of the question and
reply this be correct land it has been in the
Senate, without contradiction that of) then
tappears that is another species
higher law, which may act in defiance of the Constitu
| ton.
Let it be distinctly understood that the complaint of
the SOUTH and OF constitutional men everywhere against
Mr. Douglas is, that with clear and conclusive an eX-
POSITION of the Constitution by the highest judicial tri-
bunal upon point involving the great principle Of
state equality, he has failed to humble the proud
his opinion before the majesty of the supreme
venerable Cass has done Although constitutional ques
onS well for the executive and legislative as for
the judicial department Of the government to decide
yet the South willing i'll the patient spirit
COMPROMISED had well nigh said submisson-to await
the action, accidental it might be- the judicial au
thory of the government, because of its freedom from
all political excitement or sectional bias and s conSa
| quent influence over the public judgment When that
action accidentally in the bred Scott easel the
South demanded that the Democratic party should
the principles of that decision and apply them practi
caly in the formation of political platform which was
to be profession of faith and guide Democratic
statesmen now and in the future.
Upon this rock the party split fellow citizens and it is
for to which division represents principles
Constitutional MISREPRESENTATION principles For many
before 1924 the regular organization of all
certainly of the old Republican party-recognzed the e-
gitimacy of Presidential nominations by Congressional
caucuse and their binding force upon party men Never.
theless, when that organism failed of its original de.
sign and no longer reflected public sentiment was ruth.
lessy hurled down. and the hand crushed it out of
existence that of Andrew Jackson. now-if upon
an rreconca6e difference of views Constitutional
questions National Democratic Convention has been
split in half and venerable system of discipline has
been perverted to ends which you do approve then
the Democracy is in resolved back into its
organization, at least for the time and each decide
how 1t will cast its electoral vote think that seventeen
States will concur- think that the South and the Pacific
| will advance together-and then must hope for the
best in the old Keystone State, and elsewhere as time
| may develope cause for hope.
One special word to you my friends. | believe that
you are as true to the Constitution Of the whole country
and to the constitutional rights of the great
which your destines are bound up people the
face of the earth could be- believe that you honest
and willing to endure any sacrifice, and any risk
discharge the great duties that rest all upright
citizens but let say you that such is your re
putaon at the South would not feel pleased with the
stranger who would get up on this stand and tell
am one Of your own family-your brother Marylander.
My destiny is yours-my life is your ife-my grave will
| be your graye-"snk swim, survive perish. am
with you to the end (Applause) Therefore have the
right to speak to you. You have been placed in false
position with the South-you have been more misrepre
sened in the Congress of the United States. Appause
and cries of that's SOD Why should he the
great commercial emporium of fifteen great States? Why
should you not be the great heart and
order Southern rights and Southern destnes urder The
Constitution, and Uithin the Union. Applause)
say to you gentlemen, and in spirit of section
asm-because have said, the South has never en-
sectlonal-l say to you, that is the day and
the hour for to show, by your actions which speak
louder than words that you will stand by your Southern
brethren in this the day of their and day of their
bitter rbulation for tell you that the black
of false republcanism with their banners Haunting in
the air, and their insolent drums beating, coming
down upon your border You the frontier State-you
will bare your breasts to any and every
can reach the plains of your brethren in the South Let
us ALL on bended knee night pray God that this terri
bic ordeal may never But let also, calmly and
with dignity with rmness, with TRUTH take stand
upon the everlasting principles of the constitution just
where the Supreme Court has placed and
misguided brethren of the North who follow Lincon's
dark banner. we warn you here from the border. We
are not fre-eatng men of whom you have great a
dreadwe of those whom you pleased to call
secessonsts and disunonists We know that tie first
blood of fratrcidal would sink into soil and
the first conagraton of civil discord would light up our
homesteads. We have all to risk and all loose, we
you not to seek power at the brink of precipce
believe there is yet enough patriotism in the North
respond to this appeal provided that the South will pre-
| sent an unbroken front
Bell and Everett worthy men, and respectable
statesmen, but hopelessy linked the
and incapable Of graphing with living issues. respect
them highly, but have confidence in their ability
construct apary Mr. Bell voted for the repeal of the
Missouri Compromise and Edward Everett voted against
it. (Laughter) They both highly respectable, but
nj in n itiOn tO he eapfirn pFof