The national era. [volume] (Washington [D.C.]) 1847-1860, 1860-01-26
[continuad from first nno1. ]


deeply upon the relations subsisting between the
African race in this country and the white race,
the opinion once entertained, certainly in my
own State, by able and distinguished men and
patriots, that the condition of African slavery
was one more to be deplored than to be foster
ed, has undergone change, and that the uni
form-1 might almost say Observation-Disclosures
in my own State upon the subject of African
bondage is, that it is a blessing to both races,
one to be encouraged cherished and fostered;
and TO that extent the opinion of Virginia is diff
ferent from the opinion entertained by those dis
tngu,shed men who have now gone, but who,
we believe, best knowing their sentiments, if
they lived in this day would concur with US.
That is the present opinion. | was not present
when this debate arose, and am at some loss to
know how this question of the merits or dement's
of the condition Of African bondage has arisen
in the Senate of the United States for it is a
question should think purely abstract, and with
which we have nothing to do. GSee Note B.
Mr.. DO0LlTTLE. Mr.. President, the honor
able Senator who has just taken his seat was
not present when the debate arose. This dis
cussion has grown up and become, in its nature
somewhat conversational, in consequence of my
having been interrupted several times, having
made In the outset a general remark on this
subject of slavery, that the men of the South
had latterly taken different ground from that
heretofore occupied by them, and the honorable
Senator from Virginia now confirms the state
ment which made, for which am much Obliged
TO the honorable Senator. take it that it must
be conceded that the same opinions are not to-
day entertained on the subject of slavery, as an
abstract question, among the leading men of the
South, which were entertained for the first fifty
years OF the existence of this Government under
the Constitution of the United States This rev.
olution is fundamental, and if we go to the very
bottom of it, we shall find that it is based upon
the idea recently adopted as the honorable gen.
tleman from Virginia has now stated, that negro
slavery is right, blessing to both races black
and white. The churches of the South, the
schools of the South, the public press of the
South, the Legislatures of the South, and the
statesmen Of the South, to-day maintain that
doctrines From this comparatively new idea
have proceeded all those struggles which have
agitated the country for the last ten years
Claiming to be positive good, slavery becomes,
OF necessity, aggressive. 1t demands
First that the power of Congress to restrict or
limit its expansion shall be given up;
Secondly that the people of Territory shall
haze no power to limit or exclude it; and
Thirdly, that by decree fthe Supreme Court,
which the President declares to be rreyocable
the Constitution, of its own force, guarantees the
right TO take and hold slaves, under its protec-
ton, in all the Territories we now have or NAV
hereafter ever acquire.
| do not complain of gentlemen who may
change their opinions. 1t is any mans right
more, sir, duty-to change his opinion when con-
WINGED of error; but what complain of is this
that when you have changed your opinions you
insist that we shall also change our opinions,
and take the same new grounds which you now
take and say, that if we of the free States whom
YOU sometimes call the majority in this Confed-
eraey, shall still maintain the same opinions
which our fathers maintained, and your fathers
maintained, and upon which you have but re-
Gently changed your own views, and shall hon.
estly exercise our political rights, and elect a
President of the United States, as we legally
may, who concurs with us in our opinion that
slavery is an evil and ought not to be extended
into the Territories, you propose, some of you
propose 10 hreak up the Government / do not
refer, of course, 10 the honorable Senator from
Virginia on my left but there are those here aud
other men standing in high places who declare be-
fore the world that unless we do aceuiesce in this
change of opinion upon this question, politically
and judicially, unless we acquiesce in this doc
trine, and take the ground which Mr.. Buchanan
has taken in his message, this Government is to
be broken In pieces and the Constitution over
thrown. If we, being in a majority, still hold to
the opinions of those who made the Constitution,
you will destroy the Constitution. If we being
in a majority, shall still cherish the opinions of
those who formed the Union, you will dissolve
the Union. Now, sir, we have a right to complain
of that You are to convince US by argument
and il you can do so, it is well enough. We
have no objection to any argument addressed to
our understanding, TO convince us of our error
but when that argument is to be accompanied by
a threat that the Government itself is to be de-
stroyed unless we accede to this new opinion
which you yourselves have recently formed, we
r;,xl,.s I sir nd
do complain.
Mr. President, so much has been said in rela-
ton to the decision of the Supreme Court of the
United States in the bred Scott case, that de-
sire to submit a few words on that subject also.
/ do not deny the power of that court, in any
case of which it has jurisdiction, to make final
decision in that particular case; but if, in the
course of that adjudication, the judges of the
court give expression to IA opinion bearing upon
political question, deny that that opinion has
any binding force whatever upon US, as members
of the Senate, or upon the President of the United
States, acting in his capacity as President either
10 approve or disapprove the legislation of Con-
gress This Supreme Court have power to de-
eide q case over which they have jurisdiction
because there is no other tribunal to which an
appeal can be made; and, Ia a case of that kind
their decision is final and binding upon the par
ties TO the suit. Their rights, under the decis-
ion, become vested; but that any opinion which
they may express, in the course of that adjudica-
tiou, is or ought to control the political or the
legislative action of the members of this BODY,
or the political action of the people of the United
States, deny altogether, as the most dangerous
of all doctrines ever promulged on the floor
of the Senate Or elsewhere. Grant TO this Su-
Preme Court, composed of judges irresponsible
10 the people, and appointed for life, this power
Ofo0nstruction over the COnsttutiOn and, though
the men upon that bench were angels instead of
men, there would be established in this Govern
ment an -oligarchy as despotic as it would be
irresponsible. II was Jobn Randolph, / think
wso made that most significant remark, the
Book of Judges comes before the Book of Kings "
The business of court is not TO make or un-
make laws or Constitutions. Their business is
simply to decide the rights of parties In ar
irving at that decision they may and must pass
on che law itself before they can apply it; but
shey pass upon the question of law merely as the
naans of arriving at their decision, as incidental
10 the duty which they have 10 perform in deci-
ding the rights of the parties. The court may
decide right OF wrong; and whether they decide
right or wrong II there is no appeal from their
decision the parties ia that particular case are
bound by the decision, Notwithstanding; and the
rights acquired under it, whether they are based
on right decision a wrong decision, become
fixed and vested, because there = no 6PFsal Il
any other human tribunal
But, Mr.. Buchanan says, "the status of a Ter
ritory" "has been irrevocably fixed by the final
decision of the Supreme Court" Yes, sir, irrep
oeably fired, that is the word Sir, suppose thil
court should change its opinion tomorrow
would that change the Constitution Suppos,
that, in any new case coming before it th
same question OF constitutional power should b,
again discussed, and the court should do a
this court has often done, and as other courts n,
less able and distinguished have done Thousand
times in the history of Judicial proceedings. over