Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1860-08-14

We tiod Ia them Is By tie authority OF the
Court.
| In tie 18th vol Of Howard, page 295, we
/ find the following:
/ 3d. EvEaY CITIZEN HAS A RIGHT TAKE
Win HIM ISro THE TEaRrToRV ARTICLE OF
/ PROPERTY wHIcE THE CONSTITUTION OF TIE UNI
/ TED STATES RECOoStzcs As PROPERTY.
4lh. Tire CONSTITUTION OF TIE L. ). REooGSI-
/ zrs SLAVES FssPEKTY, AND PLEDGES TIE r KID
/ ERAL GOVERNMENT TO PROTECT T. And Con
! gress cannot exercise any more authority over
| property OF that description Than II may con-
stitutionaliy exercise over property OF a"y OH
! CT Slud-'
! SIN. :" The act of Congress. therefore. prohib
Ting a citizen OF the UuiIed States taxing with
hIi,4 his slaves when he removes to tbe icFrI-
+ tory ia question to reside. IS Az EIERCfsE or Au
THosITY OVER PRIVATE PROPERTY WHICH Is NOT
/ WARRANTED THE CONSTITUTION, and the re-
moval of the Plaintiff by his owner 10 that
/ Territory gave him no title to freedom.
I 9th. " While il remains a Territory Con-
1 gress NAV egislate over II within the scope OF
It- constitutional powers IN relation 10 citizens
/ of the United States and may establish Ter
I ri iorIal Government and the form OF this local
/ government mus: be regulated by the descre
tion of Congress but with powers not exceed
! ing those which Congress itself by the Consti
/ tuition authorized 10 exercise over citizens
/ of the United States in respect to their highs
of property
This shows pretty clearly wha. the Court
( considers the force aud extent OF its decision
1t can hardly be contended that the people Of a
Territory or their Legislature perfectly
free TO form and regulate the institution of
slavery ain their own way" unless they are at
liberty either to adm, or exclude it. We see
from the above extract, however, that the Con-
stltation recognizes slaves as property, hence
Z Il. ,r,l,+
take them with him into the Terrific ries; that
an act of Congress prohibiting q citizen from
taking with him his slaves Is ian exercis" of
authority over private property winch Is not
warrant. W TIE Constitution" and that though
Congress may establish Territorial govern
ment, il must be " rih po'cers not exceeding those
uhich Congress itsclf6y the Constitution is author
ICED to exercise citizens ofthe United States ia
respect TO their right, Of property"
! Thus we see that the supreme Court has al
sadly decided. that 'the limits which the Con-
stitution imposes upon the Territorial Legsla-
lures In this respect, completely nullify their
supposed freedom "to form and regulate their
domestic institutions in their own way" That
freedom, was declared subject 10 the Cons;itu-
tion, the Court to determine how far il
determined that the exercise of such freedom
is mot warranted by the Constitution" says
/ the Chief Justice, in delivering the opinion of
the Court. The only power conferred is the
power coupled with the duty of guarding
and protecting the owner his rights"
W.. If we have succeeded in bringing this subject
| before the minds of our read, rs in the light in
which We have desired to present it. we think
that every who has read and reflected can
didly, must admit that the doctrine of
non Intervention or popular sov-eignty,-the
",rue Intent and meaning of which was declar
ed to be, to leave the people OF the Terrific es
! perfectly free to form and regulate their TO-
nestle institutions in their own way,"-has
become an impractical idea, and that to adhere
/ to il longer is only to hug deception.
! Let look for moment at the posi-
tion OF Mr. Douglas in regard to the powers of
/ ths Territorial Legislatures and the decision
of the Supreme Court. In the Senate, Feb 23d
1859, he said:
Il do not hold that Squatter Sovereignty is
! superior to the Consti ,ution. | hold that no
such thing as sovereignty power attaches to
a Territory as Territory. / hold that
| Territory possesses whatever power it de-
rives from the Constitution UNDER THE
| ORGANIC ACT, AND NO MORE.
The whole Legislative power possessed by
/ Congress Territory, was, by that act
+ (the Nebraska act) conferred on the Terrific
rial Legislature. There were exceptions on
these points, but Slavery was not one of
I the exception | then the intent was to
/ give to the Territorial Legislature ALL THE
/ pow Err WE POSSESSED; all that could
/ be given under the Constitutions; and the un-
Outstanding was that Congress would not in
terfere with whatever Legislation they might
enact.-APpendix of Congressional Globe
/ for 1859, page ,246,
! And again:
81 say then that the intent to give to
the Territorial Legislature all the power
possessed, ali that could be given under the
/ Constitution"
In u speech before the Grand Jury a. Spring
field, on the IL July 1851, referring to the
| bred Scott decision, he said:
The Court did not attempt to evade respon-
I siblity by disposIng Of the case upon trivial
| points without touching the merits. NOR DID
/ THEY GO OUT OF THE WAY TO DECIDE
! QUESTIONS NOT PROPERLY BEFORE
4 THEM AND DIRECTLY PRES ENTED By
l THE RECORD. Like honest and conscen-
/ tious Judges they met and decided each point
as 1t arose, and faithfully performed their whole
/ duty, and nothing Dut thelr uuty 10 the COun-
/ try, BY DETERMINING ALL THE CUES
! TfONS IN THE CASE, AND NOTHING
! BUT WHAT WAS ESSENTIAL To THE
/ DECISION OF THE CASE UPON IT'S
I MERITS"
At New Orleans in Dec. 1858. he said:
L, in common with the Democracy of
/ Illinois, accept the decision of the Supreme
/ Court of the United States in the bred Scott
case, as an authoritative exposition of the
/ Constitution. Whatever limitations the
Constitution, as expounded by the Courts
imposes upon the authority of Territorial
Legislature, we cheerfully recognize and
spect In conformity with the decision. Slaves
are recognized as property, and placed on
footing with other property. Hence, the
otc7ler of SlaUeS-tte same rs the 01c5ler
Of any other species of prQperty-has a
right to remote to q TERRITORY md carry
ms property acith him."
! In these extracts plainly that Mr.
Douglas admits that all possible power under
. the Constitution, given the Territorial
| Legislature, and that the Supreme Court had
Gacided IN the bred Scot; case. determining all
the questions IL, the case .lt. nothing but what
was essential to the decision OF the case upon