Year: 1860

pose to commend myself 70 the consideration
of that part Of the history.


When, in 1854, the Kansas Nebraska hill
was before us--I must be guilty Of some repe-
tition T; it is impossible to avoid it when a
question has been worn so threadbare-there
were three distinct sentiments professed upon
this floor in relation to the Government Of
the Territories Of the United States. The
gentlemen on the other side Of the Chamber
prolessed the principle that the Congress Of
the United States had the power to govern
the Territories, and that there was TO be
found in the Constitution Of the United States
no prohibition against exercising that power 50
as TO exclude slavery; and they therefore
went for excluding slavery from the Terrific
| ries by the power of Congress which had an
admitted power to govern them. The South
ern members Of the Democratic party, with
some Of the members from the North, agreed
with the Republican party that the Congress
OF the United States had the undoubted power
to govern the Territories but they held that
there was limitation 70 that power to be
found IN the Constitution Of the United States,
which limitation prevented ttE Congress Of
the United Stats from exeiois,ng the power
to exclude slavery; but, on the contrary, inn
posed it as duty upon Congress to protect
property in slaves, just as all other property.
The third school had at its head, at that time,
the venerable Senator from Michigan, now in
the Department of State. With him were
Joined the honorable Senator from Michigan,
then, Mr.. Stuart. ! think. They held that
the sole power Of Congress was to institute an
organic act, as they termed it that the sole
power was to give, as it were, o Constitution
to the Territories by which the people might
be brought together in organized form, and
that when the people were thus brought to-
gether in an organized form, in legislative
capacity, they possessed inherent sovereignty,
just as State, and had right to do in rela-
ton to slavery just as they pleased.


Those were the three principles advocated
upon this floor. l think | state them cOrrec-
tly. try TO do so, at all events. When we
were discussing upon the principle to be in
troduced into the Kansas Nebraska bill. we
all agreed that whether Congress had the
power or not to exclude slavery rrom the
Territories, it was injurious to exercise that
power that Congress ought not to intervene.
That is what we said, and all the Senators
from the South concurred with that. When
we came further TO determinine what was to
be done, afte- having decided that Congress
should not intervene, we split The Demo-
Gratis Of the South, and some OF the Democrats
Of the North agreeing with them, in our eau
Gus meetings, in discussing the principles Of
the bill, in providing its provisions, in prepar-
ing it for discussion in the Senate said "That
Territorial Legislature has no power to ex-
clude the people of the South, or their proper
ty, from the Territories, because the Terrific
ries are governed By Congress as a trustee
for all the States the Territorial Legislature
can get no power but the power that Congress
gives it and Congress itself has no power to
exclude our property from the Territories,
which belong to us as well as to the free
States" The Senator from Illinois said diff
ercntly. The Senator from Illinois said that
he believed the Territorial Legislature had
the right, whilst the people Of the Territory
were in territorial organization, to exclude
slavery if they pleased. We split on that !;
we could not agree. | admit all that the SEN
ator said here the other day as TO 1t. He said
so then; he says so now. | complain exac-
tly Of that consistency; because when we
could not agree he said that he would agree
with us to submit it to the courts, and if the
courts decided in our favor, he would give up
and join us and we agreed if the courts deci-
ded against us, that we would give up and
Jun INN. II 10 Nhdt NOlcteSCuly that ID
complained of; and shall proceed to prove it.


1t is bad faith when the honorable Senator
no longer worships at the shrine Of constitu-
tional principle. Processing to agree to leave
the matter to the decision Of the courts, pro-
Tossing to respect the courts in their decisions
he has gone astray after false gods, and is now
worshipping the idols Of evasion and circum-
ventiou. Sir, do not state Of my own au-
thOrity the position Of the honorable Senator
from Illinois. / read again from his speech
the other day. He is speaking Of the power
Of Terr toriel Legislature to exclude slavery.
The Senator from Illinois is right bis opinion
was clearly explained at the time. He as
serted the power in the Territorial Legis-
ture:


II believe the power existed Others believ-
ed otherwise we agreed to differ; we agreed
to refer it to the judiciary we agreed to abide
by their decision and |, true to my agree
ment, referred my colleague to the courts to
find out whether the power existed or not


The fact that referred him to the courts has
been cited as evidence that / did not think,
individually, that the power existed in Ter
ritorial Legislature. After the evidence that
produced yesterday, and the debate Just
read upen the Trumbull amendment no man
who was an actor in those scenes has an ex-
cuse to be at loss as to what my opinion
was"


The Senator from Illinois is right; his
opinion was clearly exclaimed at the time


He asserted the power in the Territorial Le-
gislature


"But it was not my opinion that was to
govern it was the opinion Of the court on the
question arising under a territorial law alter
the Territory should have passed a law upon
the subject Bear in mind that the report in-
PRODUCING the bill was that these questions
touching the right Of property in slaves were
referred to the local courts, to the territorial
courts, with right ofappeal to the Supreme
Court of the United States. When that case
shall arise, and the court shall pronounce its
Judgment it will be binding on me, on you,
sir, and on every god citizen. 1t must be
carried out in good faith and all the power Of
this Government-the Army, the Navy and
the militia-all that we have--must be exer-
ted to carry the decision into effect in good
faith, if there be no resistance. Do not bring
the question back here for Congress 10 review
the decision Of the court, nor for Congress to
explain the decision Of the court. The court
is competent to construe its own decisions, and
issue its own DEGREES to carry its decisions
into effect


ave are told that the court has already de-
cided the question. Ifso, there is an end Of
the controversy You agreed to abide by il ;
did Hit has decided It, let the decision 60
into effect there is an end of it; what are we
quarreling about? VIII resolutions Of the
Senate give any additional authority to the de-
cision OF the Supreme Court of the United
States Does il need an endorsement by th c
Charleston Convention to give it validity IL
the decision is made, it is the law OF the land,
and we are all bound by it. II the decision is
not made, then what right have you to pass
resolutions here, prejudging the question,
with a view to influencing the views Of the
court? II there is dispute as to the true
Interpretation and meaning Of the decision Of
the court, who can settle the true construction
except the court ITSELF when it arises in ano-
ther case I? Can you determine by resolutions
here what the decision Of the COURTS, or what
it ought to be, or what it win be 2 Il belongs
to that tribunal. The Constitution has wisely
separated the political from the judicial de-
partments of the Governments. The Consti-
tuition has wisely made the courts a co-ordin-
ate branch ofthe Government; as independent
of us we are ofthem. Sir, you have no right
to instruct that court how they shall decide
this question in dispute. You have no right
to define their decision for them. When that
decision is made, they will issue the proper
process for carrying it into effect; and the
Executive is clothed with the Army, the Ma
w, and the militia, the whole power Of the
Government, to execute that decree. All /
ask, therefore, Of you, is intervention
hands off. In the language Of the Georgia re-
solutions, let the subject be banished forever
from the halls Of Congress or the political
arena, and referred to the Territories, with a
right ofappeal to the courts and there is an
end to the controversy"


Mr.. President, have read that extract at
Nength, that all may see the precise point at
which the honorable Senator from Illinois has
separated himself from the Democrats breth-
rem and the Democratic party have him
here now, in his speech before the Senate the
other day, declaring that that was the bar
gain ; that whenever the court made the de-
cision, he would stand by It; that be had al
always intended to stand by Il; that i was
binding on him in good hith; and that tho
whole power Of the Governmsnt should, with
his consent he called inko opontion for the