Nebraska advertiser., 1860-03-22

the matter beyond all doubt, in Article K. it's en-
phatically declared that "The power not delegated to
the United States by the Constitution, nor prohibit
ed By il to lie States are reserved to the States or
to The peOpls." That is to say Ito the States''
where there are States, and where there are no
States Ehea 10 tbs people. ,
EoW,ig fe people q the abzeues Of a Ssate govt
ernmsnb have NOT the pOw 4 to legislats on chi
snbjsc Of slavery, win you point q me that clause
ii the Constitution, which expressly d~elegates it to
CongressF' You cannot do it, and it is not there.
Cheers.) But it is said, that the Constitution rec
ognizes slavery, and ergo the people o. a Territory
cannot prohibit i'll Al If that be 50, how comes
It that the people Of q State can do it, Is not the
Constitution over ali equally as obligatory in Iowa
as in Nebraska; any act Of the State to the contra
. Notwithstanding admit that the GOnstitu-
ton does recognise the peculiar institutions" and
lam for standing BY ALL the provisions Of that
sacred instrument. But how and where veeOgnize i'll
where the local law has established il, and MorAers
ase. Wherever persons are held to service BY
the lavs Of The State, there the Constitution held
them as the local law held them no more and no
lsssl And in doing SOFT recognizes the right Of the
people there to annul it the very doctrine for which
We eOa.endf Put that in your pipe and smoke il
for It IS So. ~ Itay. >.t,
The bred Scott Case is made the bugbear to fright
en- "ohfdren Of siarger growth from reasoning on
this subject for themselves. viii not now go into
the merits Of that decision but ! do say-aud if !
am to be hung for libel at common lao, it may as
ken be for telling the truth on the master as the
man. l do say that James Buchanan, when he de-
olared with such solemn pOmpOsity Of words, in his
last annual message, that the status Of a Territory
Cd this subj ct, is now "irrevocably fixed, as being
slave ground, beyond the power Of the people there
to annul Il, by the 'fnaE decision of the Supreme
! Court" be declared a monstrous fiction. Even if
our laws, and judicial dicta, we're ike those Of the
Modes and Pcrsias and could not be ~changed-"iFre-
yOcaable" and @fnal," yet the Supreme Court has
decided no sush thing.
Aside from other authors, equal, at least, to that l
now impugn, 1 refer to that Of Hon. Reyerdy John
son, the leading counsel in that case, who took the
Southern side of it, and against bred Scott, and
who furnished the very argumen which became
the basis on which the opinion Of the Court rests.
He says 9To suppose that the Court has decided that
such power does not reside in a Territorial Govern
ment, ISL misconception Of that decision" THE
doctrine" that the Territorial Legislature has the
right to legislate on the subject Of slavery as they
have on any other species Of property, sis not Only,'
says johnson, mot ineonsistent with the decision Of
the Supreme Court, but is MAINTAINED BY ITS
PRINCIPLES" Why our GOVERNORS nanesake
says in SO many words "THE CONSTITUTION
DOES NOT ESTABLISH SLAVERY INTHE TER
RIT0RIES, OR ANYWHERE ELSE. NOBODY
IN THIS COUNTRY EVER SAID OR THOUGHT
SO!" The Governor, too, echoes that idea-the Con-
s%titution does not establish slavery herel but slave
ry follows the Constitution. How follow it? How
does it get here ahead Of law How stay here
against the law {? #,lrff Gal
Bntthe "Treaty Of Louisiana" This is original
with His ExceIlency, and the patent right is IN
doubtedly his. 1t is to be regretted that the idea
was not discovered in time TO have settled all the
f~ruitless discussions Of late years on this pestifer-
Gus subjects for if the treaty says il must stay here
there is an end Of it. For Treaties are the Supreme
law Of the land
In regard to this position, I have but this to say,
that if common sense would not sufficiently suggest
to the gentlemen that France, in making that trea-
ty could only have intended, and did only intend, to
secure the rights, property and religion of the THEN
inhabitants of that purchase-Hhieh we're transfer
red with the soil-and could have no allusion to 9TH
ers who might settle in after years on what was then
a barren waste, the Supreme Court could long
since have furnished him that information.
[GOv. Black, interruptingl win the gentleman
furnish me that decision
Holly r~esuming] Not expecting this discussion,
l did not come prepared with 3 brief; but the gen
tleman will find ink Peters 223, XII Peters 5O7, and
III, Howard $50, referred to by Justice Curtis, in
the bred Scott Case, that the principle now stated
was virtually decided-that the stipulations Of that
treaty were fully complied with as soon as the then
inhabitants had been admitted into the Union.
New Mexico has established slavery: and the gen
tleman will admit that in doing so she did not VIC
late the Constitution. Territories have power then
it seems to establish, b~ut,none to prohibit this pc
culsar Institution. He tells us that Bingham has
introduced a bill to repeal said act, and that all the
Republicans viii vote for it; thus proving that they
held to the right of Congress to snnul the Iegisla-
ton of the Territories on this subject. That is true
but what then /? Must democrats take the action Of
their OppOnenlSas precfdenS are We 70 De 1rlght-
ened out of our propriety in view Of what that
sectional-anti UniOa faction may do and not do?
hold. then, fellow=D Democrats, to the power of the
people, while under this form Of government, to leg
islate on the subject of slavery as any other subject
relating to their domestic affairs such as guardian
and ward, husband and wife, master and apprentice.
1 look not to Congress as the source Of %thatpowcr,
although Congress has undoubtedly recognized its
existence-but 1 look to the Grand Organic Act OF
Nature and Natures God, and / find il, there--one
Of the reserved powers not delegated, and therefore
inherent. This is a cardinal principal of my faith
and if lam to he prescribed for that, IbOw cheerful
ly to the penalty. The Executive, who claims to be
the head of our party, has vetoed this principle
has crushed out" popular sovereignty in this Terri
tory. He adds insult to injury, and tells Us that our
idea of it is all a "soft d~eInsior-" Has not the time
come when we should sound and see where we are
drifting-Rhen we should ask, "W~atchman, what Of
the night ?' agree with Brown, eve should no lon
ger cheat, or be cheated" 1.-THE Governor is right
and slavery exists here beyond the pORerof the peo-
pie to annul il, then the ultra South is highland
are entitled to a Congressional slaye code for the
Territories. In no other way can their rights be
protected here. They are entitled to that protec-
ton, and the Governors logic would yield it to them
To this point we seem now drifting under the pi-