Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-08-31
CHAPTER XIII.
Douglas Says Popular Sovereignty is a Judi
eiaI Question

Douglas Says Popular Sovereignty is Judi
eiaE Question.
"He (TrumbulD tried the other day, as
those associated with him on the stump used
to do two years ago last year, to ascertain
what were my opinions on this point in the
Nebraska bill. TOLD THEM IT WAS A
JUDICIAL QUESTION.
Ny answer then was, and now is, that if the
Constitution carries slavery there let it 60,
and no power on earth can take it away but
| if the Constitution does not carry it there, no
0ower but the people can carry it there
~ Natever may be the true decision of that
cons, 'tutional point, it would not have affect
"a nv -ote for or against the Nebraska bill
7 sborld have supported it as readily if 1
tbonobt tba decision would be one way as the
otSsr C If NV colleague will examine my
s1socbes be Vii find that declaration. He
Vii EII, aIso fnd tbat [ stated would not dis
cnss 10 tbe iegal ones, ion, for that by the bill
we referred If to the courts. - Douglas
Speech in Senate, July " i00o-ApPenulA
to Cong. Globe, page 7s7.
HOl0 the Court Decided the QtNsstiOT'-tlEs DTsa
Scott Decision on SlVueTy.
1.-THE only two provisions which point to
(slaves) and include them, treat tbem as
property, and make it the duty of govern
ment to protect il; no other power in rela ton
to this race is TO be found in the Constitution.
Il TDred Scott Decision, Opinion OF the Court,
page 425, Towards Report.
aThe Territory being part of the United
States, the government and the citizens both
enter it under the authority Of the Constitu-
ton, with their respective rights defined or
marked out and the Federal Government
can exercise no power over his person or
property, beyond what that instrument con-
lers, nor lawfully deny any right which 1t has
reserved.
The powers over persons and property ofwhich
we speak ai'e not only NOT grauUeti To Gun
gress. Ibut in express terms denied, and they
are forbidden to exercise them. And this
prohibition is lot 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 rel naming under Territorial
Government, as we uas that covered by States
It is a total absencse Of power every where
within the dominion of the United States, aud
places the citizens of Territory, so far
as these rights are concerned, on the same
footing with citizens ,af the States, and guards
them as firmly and plainly against any in
roads which the general government might
attempt under the plea of implied or inciden-
tai powers-if it is beyond the powers con-
ferred on the Federal Governmental will
be admitted, we presume that it could not
authorize territorial Government to exer-
else them.
And if the Constitution recog-
nizes the right of property Of the master in a
slave, and makes no distinction between that
description of property and other property
owned by citizen, no tribunal acting under
the authority of the United States, whether
Legislative, Executive or Judicial, has a right
to draw such distinction, or deny to it the
benefit of the provisions and guartees which
have been provided for the protection of pri-
vate property against the encroachments Of
the Government. "-Dred Scott Decision,
c 'pinion o. the Court pages 449, 45o, 45l,
B owsrd's report.