Year: 1860

step farther. In thus carrying out tn,


decisions of the Court, yield no indi


vidual opinion. take no responsibility


from the shoulders of the Court pas


no Judgment upon the correctness of it,


adjudication. simply say that the Cour


has expounded the law, and that it is m


duty for the sake of peace and the pres


ervation of the Constitution and th'


Union, to prevent violence and collision


and see that decision carried out fully anC


in good faith. And that is the diiierenc,


between the gentleman from Alabami


and myself. He wishes us to 90 in ad


vance and assume the power in Congress


of municipal legislation over the Terri


tories; and 1t makes no difference to me


whether in regard to slavery or anything


else. l admit, to any extent, there


should be no further argument upon the


subject, that property in slaves, as recog'


nized by some of the States of this Union,


is as valid a form of property as any


other. / admit that it is entitled to the


same favor and protection as any other


property. Iagree that the Federal Gov.


ernment has no more power to discrimin-


ate against it or in its favor than any


other species of property, and therefore


my difficulty does not lie there. 1t does


not lie in any question which gentlemen


of the South have the right to say pecu-


liarly concerning themselves. 1t lies in
the principles enumerated in the resolu-
tions Of 1893; it lies in the doctrine of
strict construction and the reserved
rights of the States. Show me how far
the Federal Government can rightfully
go in the protection of property in the
Territories, and l will 60 that far for the
protection of the property Of the South


l will make one further remark in ref
ercnce to this subject. believe that in
condition of Territory, that may be
supposed, and where the people have
shown themselver incapable of self-gov-
ernment, it may become the duty of the
Federal Government to interpose its au-
thority,to prevent anarchy and confusion,
and for the protection of private and
personal rights. / believe the Territory
of Utah is in that condition to-day, and
therefore should have no scruples in re-
volling its territorial organization, and
making such provisions as may be neces-
sary for the protection of persons and
within its limits. l admit that
the affairs of Territory may be SO con-
Quoted by emigrant aid societies or any
other set of disordcrly men, who as to
form a virtual prohibition of American
citizens to emigrate there without sub
jecting themselves to confscation of their
property, to abuse of the judicial power,
or refusal to obey the mandates of the
Federal Courts, and in that case grant
the whole power of the government may
be brought to bear if necessary to cor
rect the evil.


Now, the honorable delegate from Ala
bama has attempted to show you, first,
that it was question that no Legislature
beforehand could decide; second, that it
was question peculiarly for the judicial
third, that it was question
in regard to which the decisions Of the
judiciary had peculiar binding force and
efficacy on the coordinate branches of
the Federal Government. If the aues-
ton has been decided; as the gentleman
tells me, where is the use of controversy?
If it has been decided in the case of Dred
Scott, then the honorable gentleman may
well stand on the platform Of the minor
ty of the Committee, because he has
there the pledge of the Democratic party
"a pledge which was never broken
that we will carry that judgment into ef- |
feet. (Applause.) fit was not directly
decided, as he seemed to intimate that |
the judges had only given their opinions
10 that effect, why, whenever the question
locs arise, he knows beforehand what the |
Court will decide, and he is therefore
sure of all the protection he
wants. But, in my judgment, it was not |
decided in the Dred Scott case. 1t was
not intended to be decided there. ] do
not stand upon the question to which the
honorable gentleman addressed himself, |
hat perchance the Court had exhausted
is jurisdiction before it had arrived at
my argument in respect to the jurisdic-
ion of Congress in the Territories. /
admit that the constitutionality of the
Missouri Compromise was fully before
he Court, but l say that tho power of
he Territorial Legislature was not be-
ore the Court. In no part Of the case
lid it arise; there was no organized Ter
'itory; there was no case to which any
'uch argument could apply. We have
he public assurance of the leading emf
lent counsel, in whose favor the case was
mean Reverdy Johnson-to
he effect that he never understood that
question to be involved, and that neither
le or his colleagues argued it at the bar.
stand upon every syllable of Jsdgc
rancy's decision. / repudiate nothing
n it. / did not expect from the gentle
nan from Alabama might have ex-
oected it from a lawyer of less ability
han he--that he would pick out word
,ere and there, sentence here and
sentence there, and paragraph here and
. paragraph there, and attempt to patch
up something which was not argued and
never heard Of by the parties. That is
what / complained OF. / did not under
stand that Judge Taney ever dreamed of
that question. If 80 he gave no
,ign of it in his decision. / never heard
hat it was pretended that decision upon
{ was made until within the lssf eighteen
months. But it was insisted upon under