The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-16

Curtis the ables judge ever read AFTER ana he tells US
that when the Supreme Cour. decided in the thai it
had no jurisdiction then their whole power ceased That
Ia what this judge tells that what the republicans
cay that is what every honest man, unbiased by political
men, that in my humble judgment the rest OF the opinion
is not law and in this am supported by OF the very
abest JUDICIAL minds Of the United States Not only
but Justice Curtis shows hat the Supreme Court has
decided again and again, that ober dicta law,
and not TO be considered There are decisions
that report quoted absolutely TO the effect that
the SO Incidental decsons that part OF
the law Of the land. Therefore say In denial Of
what the democratic party has said, that it is not the
not for changing but rather deny that it is law
and We appeal 70 the country TO decide between u.s.
S.e IS for e % tine ena
that they may under the constitution OF the
United States. To 20 much We plead guilty Now, as
this an eventfu question, let dwell little upon it.
What the terms of the confederation regard TO W
Before ceded these Territories the United States il
declared that yielded to them entire jurisdiction pra I'll
cal and POLITICAL and they did eco nominate il in the
bopd The trainers Of the constitution of 1889 uee this
Ianeuage"The Congress shall have power 70 dispose OF
ano make all needful rules and regulations respecting tn
territory or other property Of the United staes And 10
practice they exercised the whole power Now here are
combined all the most potent data Of logical exposition
l. Tho intention. 2 The language. 8. Tue practice:
eight and six-fourteen times did Congress act
upon this theory, and fourteen times did they
Jodgee that Congress has no power 10 eject slavery
from the Territories They deny this positive grant Of
power by Congress 70 prohibit .avery In the Territories
mon term used by legal when they intend 70 confer
political power. That s Infringement OF the Supreme
Court LIT look at that -Four times 10 the word ''re
guatcn used in tho constitution with regard TO grants
Of power and thus, far from being an unusual term,
II was ufual one in the oisposton Of power In the
United States Another clause says that congress shall
have power 10 regulate commerce" Dues any demo
crat deny that that legislative pcwer9 What, under
H. have they donor They mot only CIRCULATE commerce
un Ter t. between foreign countries and this regulating
foreign and domestic trade, but they pass the embargo
whyY Because they had tho power to make all
mao pu,ca reeulatiOnQ tharot
In the Territories they have similar power, dele
gated in somewhat the same words. Not only
bad they the power 10 cherish commerce, but
they had right 10 prohibit and destroy commerce itself
Certainly that is legislative power and it was eyer
cieed under this very term regulate" Therefore It is
absolute absurd when the Supreme Court and tue demo
cratic party undertake. TO that when was ena tod
that Congress should have the power make all needu
rules aud regulations for the Territory they did not dele
gate iesslse power 80 that the very language that they
claim would oebar grant OF power IL sho xn BY four
clauses Of the constitution to carry With that very egs
aiive poser even extending to the taking OF life, ber
ty and property Don't they SAY the constitution that
tney shau have the power Such was the understanding