Year: 1860

free to form and regulate their domestic insti
tatiohs in their own way subject only to the
Constitution of the United States.


I'd, Those who believe that the Constitution
establishes slavery in the Territories, and with
holds fro m Congress and the territorial legis
| lature the power to control it; and who insist
that, in case the territorial legislature fails to
enact the requisite laws for it's protection, it
becomes the imperative duty of Congress to in
terpose its authority and furnish such protec-
ton.


Sd, Those who, while protesting to believe
that the Constitution establishes slavery in the
Territories beyond the power of Congress or
the territorial Legislature to control it, at the
same time protest against the duty of Congress
to interfere for its protection but insist that
1t is the duty of the Judiciary to protect and
maintain slavery in the territories without any
law upon the subject.


This is in regard to the Territorial
Slavery question, and as will be seen,
a portion insist that the Constitution
establishes slavery in the Territories
beyond the power of Congress or the
Territories to interfere, and that it is
the duty of the Judiciary to maintain
Slavery in the Territories without any
law upon the subject Upon this prop
osition l believe nine -tenths of the peo-
pie Of the North, whether Republicans
or Democrats, hold to an entirely diff
ferent opinion. Another class in the
Democratic party believes that the
Constitution Of its own force establishes
Slavery in the Territories, and main
'tains it there beyond the power of Con-
| nd hn -
To that doctrine I do not subscribe :;
and | think that class is quite SMALL
Another class, and there are good ma
ny in it, maintain that Congress has the
power to legislate upon the subject of
Slavery in the Territories and to this
latter class l belong.


/ make these remarks to show that
those questions have ever been treated
as legal questions, and among the De-
mocracy it has never been considered
essential to Democratic faith, that men
should hold to the opinions Of any one
! OF the classes above named And in
this State it has never been considered
test Of party faith in the Democratic
party that its members should disagree
with the State Rights doctrines Of our
supreme court. No Convention, either
county or State has ever declared op-
position to those decisions of our SUI
preme court to be cardinal plinciple
ofDemocratic faith. SO far as may be
allowed to Judge, the party has wisely
left out Of its platform Of principles,
those questions which are in their char
acter strictly legal, and in regard to
which there is such diversity Of opin-
ion, but leaving all such questions to
be decided by the courts. Then. &C.
cording to the usages and ,mderstand-
2ng Of both parties, man cannot be
said not to be a Republican because he
does not agree in opinion with the sn-
premc court of this State: neither can
it be said man is Democrat because
| he does agree in opinion with said
court, or because he does not endorse
anything contained in the Dred Scott
decision, because it is undeniably true
that portion of the Democratic party
in Congress and elsewhere, Though
not numerous( do demand Of Congress
legislation to protect Slavery in the
| Territories.


You have probably seen it charged
in some Of the newspapers opposed to
me, that I have changed my politics,
and that too very suddenly: and that
fact being satisfactorily established, it
is thus wisely surmised that it was oc-
casioLed by the political complexion of
this Cirrnit InasInuch as great deal
has been said in regard thereto by 9TH
ers, perhaps you will excuse me for say
ing few words upon the same sub
Iject.


Nobody will pretend that since go
ing upon the Bench I have committed
any overt act, showing that | favored
either one party or the other. And /
will remark here, that IN sere,a gears l
hare not been seen IN q political party
conrention. In fact, politics. during
that time, has rot been my business, my
time and thoughts have been occupied
with the duties of my Office. Up to
1850, I acted with the Democratic par
; ty, holding with that party upon all the
questions then at issue between it and
the Whig party. About this time was
incorporated in the Democratic plat
form the principles of the Resolutions
of ls49, adopted by the Democratic
members Of the Legislature with a sin
gle dissenting voice, and approved by
Nelson Dewey, then Democratic Gov
ernor Of the State. With its views Of
national politics, and the principles of
those Resolutions stood the Democratic
party wher I was elected Judge Of
: this Circuit. so far as / can remember.
I then believed in the spirit Of those
resolutions. I believe so still. Those
principles mere Democratic then; aehg
not today


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