Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1860-04-06

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deliberately decided that the Bank Of the Uni
ted States was constitutional The Demo-
cratic platform believe, even in the last vcr-
sion, following its predecessors, contains an
express resolution that it is unconstitutional, /
We sec, them how it is understood, by that
party at any rate. that % decision of the SUI
premo Court on point Of that kind is good
for nothing at all, unworthy Of any respect,
and that their own party decision in their plat
form arc Of higher authority, moro validity.
and more binding. do not choose to quarrel
about that. IL is a matter between them and
the court. take it, however. as authority
and it seems to me that, at any rate gentlemen
who stand upon that platform ought not to in
sist much on the decisions of the court.
But. Mr.. President the bred Scott decision,
as a prccodcnt-oud certainly that is its only
effect on us in point of law take it, is
neither infallible nor iuscrutabe l hardly
think any gentlemen viii stand here and say
that he claims for the decision of the supreme
Court, as precedent and authority, that we
should bow down to it as we would 20 the
inscrutable dispcnsation of Divine Providence;
or that we should even say blasphcmously OF
/ it, " the Lord has given, the Lord has taken
away; blessed be the name of the Lord.
| This will not be claimed ! apprehcud. Then
/ il is to be examined and rs worth as pre-
codcnt depends on the soundncss Of the argu-
monts that sustain it and the principles on
which it stands. If il has any weight, it
is that and, by the way, if the arguments are
good to sustain the principle they would be
Just as good without the decision of the SUI
prcme Court as with It,
Now, Mr.. President, ! wish 10 examine
this decision of the Supreme Court little.
They cxpcnd great amount Of timcin under
taking to show that the power of the Govern
ment over the territory beyond the Mlssis-
sippi, territory which was not owned at the
adoption Of the Constitution, does not arise
and exist under the territorial clause of the
constitutional mean the clause giving Con-
gress power to make all needfl rules and
regulations. | care very little about that.
think it is totally unfouuded in its reason on
that point, but | care very little about 1t for
another reason. The court says there is,aiter
ALL power 10 this Government 20 obtain ter
ritory by conquest or treaty. They further
say, that there must necessarily be. incident TO
that power and TO the power TO admit States,
authority. when the Government has acquired
a Territory. to frame a Government for it, SO
as to pass it through condition of pupilugc,
and prepare il for admission as States care
very little whether the power came from that
ans, NOV. and ,hoy cav mat in fr,r,ip, tbo
laws f,y nat nurnoso itfs in tho discretion
of CONGRESS 10 mako prori.ion. 10 is not for
the court 10 saw what form of Government
thew shall rive il. They saw further. that
the territory being ant of thc United States.
the citizens enter IL under authority of the
Constitutions with tbrtr respcctive ripbts
marked outand defined " bat they saw" this
power is in the discretion of CONGRESS" and
that. of course. thew are TO frame the form of
Government i'm such a way ms they believe
will best advance the interests Of the whole
people.
They then spend some time discussing
whether. in doinr that. COMPRESS can exercise
any powers cxcept some that are delegated
expressly bv the Constitution. l look upon
all that mart Of the orinilu as mere talk. be-
cause they saw that the Constitution has mot
delegated 10 CONGRESS anv mower TO ,overn
the territory obtained ancr the Constitution
was adontcd that that IL merely incidental
to their power TO obtain territory OF course
there is nothing in the Constitution bv which
it is said what the forms of power shall be
that thew shall exercise there Butthrv them
como Ia talk about onotlrr tonic Tbcv saw
that Copgrcss in the exercise Of mower in The
Territories. cam do notl.ia, that is ovpresslv
probibitod by the Constitution Vory we'll d.
let ms tato If e. Tboy M ON IN ,npr3oroto a
number Of ttia,s chat ibev saw Cougress can
not ia Far instance tbe, cannot ost,blisb
a RELIGION cannot abriI,o tho freedom If
suocch or of tbe nress. cannot abolish trial bv
inrv. and So ON n,lnir, tbings tbat are OK
rressly f,rbilden in tbe Constitution Is IL
sp,yyboro f,rbidlop I'm tbo Cons.itp,i., tb,t
Ccngrcss shall rrobihit sI,yos b,ir., .csrr;,5
nore, All the probibitions thew mention
arc cxnress prohibitions Is tborc srcb an
expross probibition as tbat; How can Won
rcadinto the Constitution n probibitiop ,,non,
tbose that are thore which Is maj tbero,H
That is what is attompt,d IN bo dono How
a. tboy,ot,, i,s IT, tfs ,,,-. ,,,,. s,,, IL,
tbo erst 7l,oo ,bat sla,os. ,r, ,,ro,,ort, ~ %
cooni,od h,, ,bc Cons,;,,tior. ~ tLc socona
,Ieco that everybody ba. a rigbt 10 % 40 the
7 Territorics Win everv kind NJ nroncrtv. and
in the third Mace that to probibit their do
inc So is to violate the fifth amendment of
the Constitution. which saws that mo person
shall be deprived Of life. liberty. or property.
without due process of law.
In MAKING mn this syllopism. each proposi-
t;op In /, whctbpr major or minor and tho