The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1860-06-23

u
from Illinois is right his opinion was
clearly explained a, the time. He az
serted the power in the Territorial Leg.
I islature :
81 believe the power existed others
believed otherwise we agreed 10 differ
we agreed to refer 1t 10 the judiciary
we agreed to abide uy their decision
and J. true to my agreement, referred
my colleague 10 the courts to find out
whether the power existed or not. The
fact that referred him to the courts has
been cited as evidence that did not
think, individually, that the power cx-
listed IN Territorial Legislature. After
the evidence that ! produccd yesterday,
and the debate just read upon the Trum-
bull amendment no man who was an
actor in those scenes has An excuse to BE-
a, loss as TO what my opinion was
The Senator from Illinois is righ, his
opinion was clearly exclaimed at the
time He asserted the power in the Ter
ritorial Legisla ure
But it was no, my opinion Hat was
to govern it was the opinion Of the
court on the question arising under a
territorial law after the Territory should
have passed law upon the subject
Bear in mind that the report introducing
ih, bin was that these questions touch
ing the right of property ia slaves WAS
referred 10 the local cougts, TO the terri
tuTial courts with right Of appeal to
the supreme Court uf the United States
When that case shall arise, and the
l hal ia.
will be binding on me, OH you, sir. and
on every good citizen. II must be car
ried out IN good faith and all the pow
or Of this Govcrnmeut--the Army, tn,
/ Navy, aud the miliiia-all that we have
must be exerted to carry the decision
into effect in good faith, if there be NJ
resistance. Do not bring the question
back here for Congress Ia review the
decision Of the court, nor for Cangress
/ to explain the decision Of the court The
court is competent Ia constrne It's own
decisions, and issue it's own DEGREES Il
carry It's decisions into effect
We are told that the court has al
ready decided the question II so, there
is an end Of the controversy. Ior
agreed TO abide by il ! did. II II has
decided it, let the decision go into effect
there Is an emf Of II what are we quar-
rcliug about? VIII resolutions If Tia,
Senate give any additional authority t.
I the decision 4 the Supreme Court Of The
/ United States Does it need an endorse
ment by the Charleston Convention tC
+ give it validity Ii the decision is made
1t is the aw Of the land, and we are all
bound by it, II the decision is not made
then what right have you pass resolu
tons here preindging the question. with
"A view To Influencing the views Of ID,
court? II there is "a dispute as t. ID,
true Interpretation and meaning Of %,
decision Of the court, who can settle III,
true construction except the court iiscli
when i, arises in another case Can
you determine by resolutions here what
the decision of the court is. or what II
ought ia be, or what 1t will bc : II b.
longs TO that tribunal The Consttu
ton has wisely separated the political
/ from the judicial department ot the GOV
crnmeni The Constitution has wisely
mad. the courts u coordinate branch OF
/ the Government AS independent Of lis
right to instruct that court how they
shalt decide this question in dispute
/ You have no right to define their dccis
ion for them When that decision is
made they will Issue the proper process
for carrying 1t into effect and the Exe
cotive is clothed with the Army, the
/ Navy. and the militia, the whole power
of the Government, to execute that IL,
cree All ask. therefore of you, is
uon-ntervcntion hands III la the Ian
guagc Of the Georgia resolutions, lc, tn,
subject be hanishcd forever from the
halls OF Congress or TIE political arena
and referred to the Territories. wi h a
right OF appeal to the courts and there
is an end to the controversy"
Mr. President, have read that extrac,
at length, that all may see the precise
poin, at which the honorable Senator
from Illinois has separated himself from
has Democratic brethren aud the Demo
cratic party. have HIM here now, u,
his speech before the Senate tic other
day. declaring that that was the bGg-
gam that whenever the court made the
decision, he would stand ~ IL that be
had always intended 10 stand 10y II that
1t was binding on him IN good laith and
that the whole power Of the Government
should with his consent, be called INTO
operation Tor the purpose OF carrying
out The decision. | shall proceed prs.
emily to show that the senator irun
lillnuis, mol once, but again and again,
since 1857, has been engaged, IN con.
Al a A.