The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1860-01-26

are Oehocfauc Jaw yerS tnAt hear me 70 nigna L
and they viii bear me out in this statement. 1
and il Is right There are Just reasons for it
because the attention OF judges being bound i
ta the main issue, they must not be held re-
sponsible for the incidental questions of the
case. Now, that is what Justices Mclean
and Curtis tell Us. and they are, in my opin-
ion,- lie sblest judges upon the bench.
think Justice Curtis the ablest Judge l ever
lead alter, aud he tells US that hen the Su-
preme Court decided IN the case that it had
no jurisdiction there their whole power ceas-
ed. That is what this judge tells Us. that Is
what the Republicans say. that is what eve
~ honest man, unbiased by political associ- !
ations aud considerations. must say. l say
it, gentlemen, that in my humble Judgment |
the rest of the opinion is not law. and in this /
l am supported by some oil The very abless /
judicial minds in the United States. Net
only 50, but Justice Curtis shows that the |
Supreme Court has decided again aud again
that obiter dIcta Is not law, and IS not SO TO
be considered. There are decisions in that
report quoted, absolutely made 10 the effect
that these incidental decisions that come in
are rot part OF the law of the land. There
fore, We say in denial of what the Democrat
it party has said TO day. that il is not the law
of the land. Therefore. we go upon that
subject. for not changing, rather we deny
thatitis law, and We appeal to the country to
decide between as We owe no allegiance
10 it as a law of the United States. that they
may determine it under the Constitution OF
the United States. To SO much we plead
guilty.
THE WORD REGULATE.
Now, as that is an important question. let
US dwell yet little longer upon it. In the
first place let us see what were the terms of
a. ,AlI Il -
They declared, gentlemen. before they ceded
these lands from the United States, that these
Territories should belong to the United
and that the United States should have com.
plete control, both political and practical over
them. that is to say that they yielded the en-
tire Jurisdiction of the Territory, and the
United States under the act yielding these
Territories to the United States. achieved as
they were by the common blood aud treasure
it was the determination of all the States
themselves to yield up the entire control of
them, and therefore when the Supreme
Court undertook to say that that clause of the
Constitution which says, The Congress
shall have power 10 dispose of and make all
nee dfu rules and regulations respecting the
Territory and other property of the United
States" does not mean what it says. they are
forced 10 the absurd conclusion, notwith-
standing the object had in view in making
the cession that when the land was given,
the States giving did not mean what they
said: look TO what forced construction they
are driven. They deny this positive grant Of
power to pass laws by Congress to prohibit
slavery IN the Territories. and the assertion
that the word "fegulation' is not common
term used by legal men when they intend to
confer power. That is the argument of
the Supreme Court.
Let MS look at that Four times is the
word regulation used in the Constitution
with regard to grants of power, and thus so
far from being an unusual term, il was a usu.
al one in the disposition of power in the Uni
reu states. Another clause says that Con
gress shall have power to regulate COM
merce." Does any Democrat deny that that
is a legislative power? What, under it have
they done? They not only regulate COM
merce" under it, between foreign countries
aud this, regulating foreign and domestic
trade. but they passed the embargo Why?
Because they lad the power to make all
needful rules and regulations appertaining
thereto. In the Territories they have SINH.
lar power delegated in some what the same
words. Not only had they the power to
cherish commerce. but they had right to
prohibit and destroy commerce itself Ger
tainly that is a legislative power; and it was
exercised under this very term "legulate;'
therefore it is absolutely absurd when the
Supreme Court and the Democratic party
undertake to say that when it was enacted
that Congress should have the power to make
all needtul rules and regulations for the Ter
ritory, did not delegate legislative power
So that the very language which they claim
would debar a grant OF power, is shown, by
four clauses of the Cons titution. to carry with
it that very legislative power, it even ex-
tending to the taking of lie, liberty aud
property itself.
Don't they say in the Constitution that
they have the power? Such was the under
standing of the old trainers of the Federal
Constitutional the confederation of the
trainers of the act of ST, and the Supre me
Court are bound to acknowledge that all the
territory acquired previous to the formation
of the Constitution. were subject to the con
troll of Congress, they come TO the conclusion
that the Constitution did not intend to confer
the power at all, bu. that its very exercise
prohibited by the Constitution.
Gentlemen, there was a portion of these
lands, when the Constitution was formed, in
tended to be ceded, and it was known BY the
trainers OF The Constitution that it was TO be
ceded Georgia and North Carolina afterwards
coded their territory for the same reason that
Virginia coded Illinois aud Indiana, and
therefore, how absurd to say that the fran
Of the Constitution, when they allowed
Congress TO exclude slavery from the terrific
ry which Is formed into the States of Illinois
aud Indiana, did not give them the power to
exclude slavery from the whole. 1t is alb
surd 10 say that the power existed in one
case, but did not in another.
What was the intent and design of the
Constitution? What did it do to carry out
that design The two most prominent CON
illusions on earth. that we can have as to
what it w. intended to do, is by what they
said was to be done and intended to be done,
and by what they practically did. Eight
and six. or fourteen times did this Congress
carry out the power asserting tina, Congress
bad al tie power To make cali ueeaful rnlss