Year: 1860




ton of the Unit States The venerable maglstratethe
court concurrh with h-decded that it is the duty of
this Governmef to afford government for the Terri
tories which sb be in accordance with this trust with
this delegated t power held for the States and for the
people the Staes That decision goes still further it
tells you that Congress has fit for it's own
nience and somwhat in accordance with the sympathes
form of government to the people of the Territories it is to
be administered precisely Congress administer it,
and to be administered trust for the coequa States of
this Union and ia citizens of those States who choose to
emgrate to those Territories That decision goes to
tell you this thatas Congress itself is bound to protect
the property wh recognised such by the citizens OF
any of the Congress ITSELF not only has power
but expressly dden to exercise the power to deprive
any Of his property in the TERRITORIES therefore
says that venerable that passoness representative of JUS
tce, who yet hoyeraon the confines OF the gravehere
FORE med by that Congress have any
more powerthan the Cbngress that created it, !


But met herewith this assertion we are told by
the distinguished advocate Of this doctrine of popular
ereigny that this opinion is not decision of the Supreme
Court but merely the opinion of citizen Taney. He does
not tell you my counrsmen that is not the opinion of the
great majority Of the Supreme Court bench Oh he
tells you that ii is tier that the
urisdction Of the 1ss b Ia other ,erla iudciai


that il i ssnply the opinion of Chief Justice Taney,
individual and not the decision of the Court because it
was not the subject-matter before the Court Now, Mr.
Douglas and all others who make that assertion and under
take to get rid of the moral the CONSTITUTIONAL the intel
lectua power of the argument put themselves directly
conflict with the venerable CHEF Justice of the Supreme
Court of the United States ami with the recorded decision
of the Court tsebecause Chief Justice Taney after dis
posing of the demurrer in thai undertook 60 and
to decide the question upon tie facts and the merits of the
case and said he, in doing that met with the OBJ
lection that any thing miy say upon that part of the
case will be extraudical and mere ober dcta This
manifest mistake" &c and The COurtnOt Chief Justice
Taney but the whole Court with but dissenting
decided that it not obey dcta that it exactly in
point within the jurisdiction pf the Court and that it
the duty of the Court to decide it. Now then who shall the
Democracy recognise authority this ponta states
man. matter how brilliant ind able, and powerful in intel
ect i'm the very meridian of ie animated by ardent and
consuming ambition has done
for the high and brilliant position of candidate for the Pre-
sdency of the United States It the hand of this great par
ty, that old and venerable iuris who having filled his
years with honor leaves you his last great decision before
stepping from the high paceof earthly power into the
grave to appear before his Maker in whose de-
ception is impossible and earthly position dust in the
balance Loud and continued cheerng1


Gentlemen do not quote this decision of the Supreme
Court conclusive authority OF binding obligation
upon the State which represent upon any other State
The decisions of the courts binding only upon the par
ties the decided and but persuasive of the
truth to all others. The question ITSELF however, has been
before the Court the Court has had before them; the
Court say they have decided it. the Court decided against
objections that they had Jurisdiction; the Court decided
that Congress has power prohibit slavery in the Ter
rOres for the single yet comprehensive that the
Constitution protects shareholders Territory the Court
decided that Congress cannot prohibit slavery in the Terri
tores for the that the Constitution of the United
States overrdes all the powers that would assa it, Pray
tell me by what argument or losic Territory the most
inferior form of Government have greater power
than the Government that holds in trst-hed for equal
benefit of the citizens of each Statea [Cheers The
weakest and most inferior form of all governments known
to the Union is the TertOrs form of government given
by Congress- and yet gentlemen tell that by some
liar hocus pocus which they cannot explain and define
cept by running back to the Declaration of Independence
and quoting the axiom that all created free and
equal and they give connecting link between
that great dogma and this theory they there is
peculiar process by which when Congress gives to Terri
tary alfh
power itself and could not give to them yet it becomes
inherent power great general principles The Su-
preme Court Of the United States the Dred Scott case
has met that very position and Chief Justice Taney said
lin ans wer to at 10 fsassrng statesmen Of u-
ristsnone whatever upon the general principles can
enlarge the powers of the Governments take from the
citizen the rights they have reserved and that the pow
ers of the Government and the rights of the citizen under
it, positive and practical regulations, plainly written
down." No matter how beautiful the language how pa


otic the sentiment in which appeals to these reyo-
tionary IDEAS the Supreme Court tells you that you will
yourselves from faction and misrle and the wars OF
factions by adherng to the plainly written letter of the
Constitution; the Government must find its power IN the
Constitution or it is not conferred


now pass from that branch of the subject. We SIM
ply claim that we, being coequal with You in the Ter


tores-we having property which is as sacred to us as
yours is to y0u that recognised such by the COst
ton of countryshall enjoy, unmoested the
rights to go into the Territories and to remain there and
enjoy those rights citizens of the United States as long
as Government holds those Territories IN trust
for the States OF which citizens. That is ALL We
claim that there power in any portion OF the people
who go there to deprive of the full enjoyment OF our
rights of property, until after having formed constitution
they admitted into the Union when they have the
reign right to do that question: whatever they please
LII their decision against that form, we bow and
submit to it without If it is for u.s. we ask that
you shall submit to it without murmur 1t is the doc.
trne of equality gentlemen 1t is based upon the rigid
submty OF that uterance of the cOuntrys greatest and
pprest statesman Mr. Calhoun, and quoted by your dis
tngushed President in taking the chair, Truth, Justice
am fhp Enns lfptIn ,lohn r1,m7


But friends at the North say they cannot give up this
doctrine with safety Whya Why cannot you give it up
What right of yours is at stake What property of yours
smpaired in doing so What social relation of yours s
endangered by your accepting our views None what
ever have doubt gentlemen, that each OF you here
enjoys most pleasantly the hosptaltes of this ctyeven
d svs p r ad hsss no ouS
that these sable people who wait upon yOu who are slaves
for e and whose children are born slaves and who de-
scend to the heirs of their masters agreeable in their
relations to you inferior class of beings, who are
ready to contribute to comfort and whom you can
command to contribute to your comfort Your relations
towards them would be just the in the Territories as
they here. The Institution does not interfere with
you 1t does not belong you to put your hands it.
You are aggressors when you njure it. You are not
brothers when you U.S. and you without the ex
cuse OF being actuaed by the lowest motives that can ac
ate an honest man to do thing-because he s inter
ested in it. Loud cheers. If you desire the good Of
your countryf you desire the welfare of this UniOnf
you desire outside of the Constitution be actuated by





pies of equalitythen would say to you Hands off and
let us work our own row in these Territories" If you
beat us at the end you win be entitled the palm of vic
tory If we beat you win give you good servants for
life and enable you to live comfortably and will take
your poor white man and elevate him from the Office OF
bootback and from the other mena Offices which belong
not to the highest order of cyilzafohwe will elevate
HIM amongst the master race and put the negro race to DO
tins dirty work which God designed they should do
Tremendous cheering.


Gentlemen it is further said that this Judicial ques
ton 1t is true it is judicial question: but it is also
political question of the highest the gayes and the most
significant import 1t is judicial question between a
citizen whose property is taken away from him and him who
wrongs him. Ii he chooses to take it to the courts of the
United States it becomes Judicial question if he does
choose to take his wrongs the courts of the United
States 1t Is not Judicial question The citizen himself
interested in his Individual rights may may not assert it.
The celebrated Missouri restrictions remained for thirty
odd years uncontested in the courts State after State
equaing in extent of domain and in fertility of soil OF
the European nations admitted into this Union under
the unconstitutional act which prohibited the South from
having the least chance of habng those territories and
stad and