The River Falls journal. (River Falls, Pierce County, Wis.) 1857-1861, 1860-04-04
,Et,c Letter es Judge Bates.

tee of Missouri Republicans who address
ed him on the subject:
QUESTION 1sT-sLAvERY AND IT'S extern
SION IN THE TERRITORIES.
On this subject, in the States and in
the re TO les, / havo no new opinions
no opinions formed in relation to the pres
ent array of parties. | am coeval with
the Missouri question of 1919 and 20
having begun my political life IN the
midst of that struggle.
At that time my position required me
to seek all the means of knowledge within
my reach, and to study the principles III
yolved with all the powers of my mind,
and [ arrived ut III, conclusions which no
subsequent events have induced me to
change. The existence of negro slavery
in our country had its beginning in the
early time of the colony, and was impos-
ed by the mother country, against the
will of most of tho colon SITS. AT the
time Of the Revolution, and long after, it
was commonly regarded as an evil, tenn
porary in its nature, and likely to dlsap-
pear in the course of time; yet while 1t
continued, misfortune to the country,
socially and politically. Thus was l
taught by those who made our Govern
ment, and neither tie new light of mod
ern civilization nor the discovery of new
system of constitutional law and social
philosophy has enabled me to detect the
error of their teaching.
Slavery is q social relation, a domestic
institution. Within the States it exists
by the local law, and the Federal Govern
ment has no control over it there. The
Territories, whether acquired by conquest
or peaceable urehase, are subject and
subordinate, not sovereign like the states.
The nation is supreme over them, and
the National Government has the power
to premit or forbid Slavery within them.
Entertaining these views, [ am opposed
to the extension of Slavery, and in my
opinion the spirit and the policy of the
Government ought to be against its ex-
tension.
2D-DOEs THE CONSTITUTION CARRY
SLAVERY INTO THE TERRITORIES
| answer no ? Tho Constitution 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 anywhere. 1t on
ly acts upon it where it finds it establish
nd hxy tho 10 Tn,
this point | am asked to state my views
of the Died Scott case, and what was
really determined by the Supreme Court
in that case. 1t is my opinion, carefully
considered, that tho Court determined
one single point of law only. That is,
that Scott, the plaintiff being q negro,
of African descent, not necessarily q slave
could not be q citizen of Missouri, and
therefore could not sue in the Federal
Court, and that for this reason and this
alone, the Circuit Court had no jurisdic-
ton of the cause aud no power to give
judgment between the parties. The only
jurisdiction which the Su oreme Court had
of the cause was for the purpose of cor
recting the error of the Circuit Court in
assuming the power to decide on the
merits of the case. This power the Su-
preme Court did exercise by setting aside
the judgment of tho Circuit Court upon
the merits, and by dismissrg the suit
without any Judgment Of, or against eth
er party. This is all that the Supreme
Court did, and all that it had lawful
power to DO [ consider il great pub
lie misfortune that several of the learned
Judges should have thought that their du-
ty required them to discuss and give
opinions upon various questions outside
of the case, rs the case was actually dis
posed of by the Court. All such opin-
ions are eXtra-judicial and Of no aathori-
ty.
But, besides this, it appears to me lat
several Of the questions SO discussed by
the Judges are political questions, and
therefore beyond the jurisdiction of the
judiciary, and proper only to be consider
ed and disposed Of by the political de-
partments. i'll am right in this, and it
seems to me plain, the precedent is most
unfortunate, because it may lead to a
dangerous conflict of authority among
the coordinate branches of the Govern
ment.
3D-As TO THE COLONIZATION OF THE
FACE BLACKS.
For many years l have been connected
with the American Colonization Society
Of which the rising young state of Liberia
is the first fruit. | consider the object
both human and wise, beneficient alike
to the free blacks who emigrate, and to
the whites whom they leave behind. But
Africa is distant and presents SO many
obstacles TO rapid settlement that we can
not indulge the hope of drawing off in
that direction the growing numbers of
our free black population. The tropical
regions Of America, | think offer far
better prospect both for US and for
them.
4TH-As TO ANY rNEQULITY OF RIGHTS
AMONG AMERICAN CITIZENS.
| recognize no ditinctions among
American citizens, but such as are ex-