The register. (Monroe, La.) 185?-1861, 1860-09-27

from said Territory or to recognize and rcgu.
late 1t thercin.n - 5ra des','
That was Mr.. Trumbulls amendmcnt,
against which an overwhelming majority oil
the Senate voted, Including Gen. Cs.ss aud sen
asor Douglas. v tgj es71
Let mc, however. do Mr.. Douglas tho jus-
ice to say that he vo,cd against tho amend
mcnt, not because he dit mot believe shc4'tr-
ri'oriM Legislature had the power 10 exclude
slavery from The Territory. but hccuuse he did
not believe II was onsisent to decide ihuQues-
non leslslatiyely, Which they latl agreed to
leave to the Court. 'r&.G 4T-t4.
Gen. Cass said: 5FN
The South consider that tho Constitution
gives them the right of carrying their slaves
anywhere IN the territories, II they are night,
you can give no power to the Territorial ilrm-
lsatnre to interfere with them" ises
Kemcmber that proposition. because afierthc
" 5. Supreme Court declared that tho Cnusliu-
.ion gives MS the right TO carry our prnpartS
INTO the territories, Gen. Cas- stood by The trno
logic of his own position. nnd by tho decision
ot the highest tribunal in tho country.
The major part Of the North, said Genera,
Cass, believe Tint the Constitution secures no
right to the South ~ repeat to the Hon
Senator f0m, Illinois CMr, Trnmhull1 there is
nothing eqnivooal in The net, Tho dirfrrcut
ton Of IT. but from the fact that here Il IN la.
pottant constitutional question: undetermined
by the Supreme judicial authority, md In III,
meantime individuals In different sections of
the Union put their own construction on II;
we are necessarily brought to that state o'
things; there is no power which the Senator
nom Illinois can use, no words which he ca,
put into an net Of Congress, that win remove
the constitutional Doubt until II Is finally sct-
tied hy tho proper iribunal, TO wit The su-
prcmo Court"
Mr.. Douglas, In The snmc debate, used Tho
following lnngmge, IN speaking OF tho attempt
o' his colleague to force M expression Of opn-
Ion out OF him. Ms to the power of the Terri.
tornl Legislature to exclude slavery:
,,,I,, "l tod them i was judicial question That
answer then was and nows, if tho Constitution
cnrrics slavery there. lct It go, ni,d no power
on cnr,h can take II away; but If the Constitu.
ton does note ry IL there, no power hut lho
people can ca"'v :. here. Whatever n,ny Le
III" 'ruc decision of that constitutional point,
WORLD not have affected my votr for or ng,i,ilst
the Nebraska bill should have supporteai u
just ns readily If thought tho decision Motilt
bc one way or the other. lf my collcague-wil
examine my speeches, he will llnl thnt ,lcclurn
tion. lie will also find that stutod would
not discuss tho legal question, for by tho bill
we referred Il to the courts"
And vt still later p riod-ln tho mouth Of
Alay last-in the Scnnle Of tho United S,ntcs,
tuht u'NttHSulStVU PcutlCInuN R,lus
"ln the definite growing out of this Toombs'
hill, my colleague put The question to mo, after
" had been answered over and over again IN
previous speeches, whether or not Territorial
Legislature had the power to exclude slavery.
lie Ind hcnrd my opinion on thMt question over
nnd over ngatn. did not choose to answer II
question TINT had bccn 70 often responded To,
but referred him to the judiciary, 10 ascertaiu
whether tho power existed believe the power
existed; others believed otherwise; we agreed
to differ; We agreed to refer IL to the judiciary
we agreed TO nbid by their dccsion,b y
Gentlemen, think have shown that npou
| the only point In dispute between the friends of
the Kansas bill--to.wit, the powers OF tho Ter
ritora Legislature to exclude slavery pending
the territorial condition, that upon that point
Judge nonalas and MIA friends md General
Cuss and his friends thu, portion of the North
crn people who believed In the power agree
with ns who were the friends Of the bill md
did not believe In the power To refer II to the
supreme Court OF the United States; md that
Whenever that question wns iudlcinlly deter
mined, we agreed To abide that d, csion. We
agreed, In the lansunge Of General Cass, thnt
that should be final W. agreed thnt II should
that we would rcposr In pcncc upon The ConAi
tuition ns thus iutllcially determined. IL not
that true!
Bear with me while read very little from
the opinion Of the Supreme Court of the tut
tea States We have seen tho susle poiut on
which We differed. We have seen tho refer
tho agreement we had come to- Nov.
the question ia, how did Tic supreme Court Of
the United States decide TINT controveric.l
ponG negro called Drcd Scott hud beef.
taken above tho Missouri Compromise line Of
3G degrees 80 minu'a.-t the line above which
Congress had said by law that slavery should
not exist The negro nrcd Scott sued for his
freedom. alleging That hr had become fire. y
being taken there. II hacunc necessary for the
Supreme Conrt Of the United States 10 deter,
mine the relation of the Territories TO the
Federal Gnvcrnmcnt, mud illc power OF Con-
| grcs4, md TIM power Of ihi Territorial uulhoriA
tics over questions having reference 10 persons
and property In the Territories Of the United
States, All these questions nrn determined In
the opinion of the Court.
Gentlemen. oceans Of Ink hna been SHE'D
| thousands OF sptrchea have been made nh
| the catel,-w6ria of hcmnEogism, and all the
forms of stating the question which can appeal
| to the passions aud ptcjndicrs of The people
have been exhausted in the discussion of This
Issue. Lrt us for II moment turn aside from
this heated, sccllIing canldron of party warfare
to The enlightened, calm aud jurlicious utter,
ancra Of thc most august tribunal in the world
| This Ia Tive opinion Of the Ghi"f Juslioo, .ann-
currcd in by all the judges but two, of tho
Supreme Court OF the United States. The
Court. in speaking of tho ncqui iion Of terri
tory by the Federal Government, says:
"It Is acquired by the General Government
M the representative and trtIs tee Of the peopl,
Of the Unitcd States. nnd II must. therefore.
be held IN That character for their common aud
equal benefit For II wns Tie people Of th.
several States, acting ihroueh their agent untl
representative the Federal Govornmcnt-w
in fact, acquired the Territory In question. and
the Government holds II for their common use
until IL shall bn associated with tho OTHER
States IA u member of the Union"
There IL no cant. no d migosnism, no -four.
| ish there; but simple, clear. lucid and dis.
passionate expression Of n constitutional truth
The Court COCA Oh 10 Hay:
"Bnt until that time arrives, II Is un,lunbt-
cdly necessary that some government should
be established In order To organic, society, und
as the people OF the United States could act ia
this matter only through the government wci,
represented them, and through which they
spoke and acted when the Territory was OIL
tanned, 1t was not only within the scope of ils
power, but it was It's duty to pass such law.
and establish such government ms would en-
able those by whose authority they acted 10
reap the advantages anticipated from it,
acquisition, and to gather there n population
which would enable it to assume the position
| 10 ,,j,i al,