Richmond Palladium (Weekly), Volume 30, Number 30, 5 July 1860 — Page 1

IT-TT n Mi -AY JJj f. J ,'5.' J: B Jasc, and rar nt! Lei all the tao ,t at ke thy Qea, thy - Country's ui Trvth's. HOLLOWAT ft UAVI3 PuhUa&otws

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i r r ! ' 30. z s i

Speech br Han- 0. P. Morton

At Dleailagrtaa, on the 9It olMwne .It Beplr ' Mr.'l ttrple, tUm Demo cratic Candidate for Lieut. Gov " Mt friend J adze Turuie took occasion, In the eoarte of bit remark, to advert to that prorktoo ol th Conslitollon which klloirt rnreeotetioa on ti fl'xr of Oonre for tkreo fifth of too slave in tb rtoatb. lie aia tnt inta thinjf had been Miarcpreiwuted; that it had been claimed that taw ge the alarebo'.der three rule lor fcterr five lavr. J have f ever beard it o cooleuded. The i-ffect of it w, however, to give to tb 8joth a reprt-aentation ' on the flor of Uotigrea on account or their efave; and it i said a ra'culation will ahow that tht .Sooth 00 ha nvutr-lhre aaeotbera more thao if her alave popataiioa wm oot represented. ; ,.liat mj friend av that this ia diacrimioation sgaiiiat, l ialeaJ of ia favor of tha .Sou'b. I do not so anderatand if. 11a aav that in the North e count our free lexroe, crimirraU and alien. In muliiuK up the ratio of repreeitta:ioo. 80 do; and in the South they count their free Orgviwa, oti f r one, aa we do; their crimiual as we do, and tbeif aliena aiao; and, in addition, ibey eoaut three of ever fire slaves. Tt-.rs slaves the bold as property. They bay them, sell ton, mortgage them, transfer them, a- you do your bore aid your cattle. You have no representation based opoa your bores and your cattle, but they have for their alave property. This . rovisioa of the Conttitutioa requires no comment Whatever it may be, the Republican party is not askinfr to chaog it. I should r.ot Lava adverted to it at ait if m friend bad not turned to it in the beginning of this dwconaioo. BI.TOSIOAI. BKMINUCKNCK KCCTiriBO, Asaio he refers to that provision of the Con stitution which prevents the prohibition of the lave trad prior to the year lHOsi. My friend who introduced that provision into the t 'ons.itacioo? There was .4 qui verbal . coo victiou, at the time that iiiatrauieot was fra ned, that slavery was short rived; that it would soon become xiiuct in the United Hta'es It was the geotral nodVrsiandiPK, furthermore, that the stsve trade woald be prohibited; there was no necewity to ioert a clause thai toe Oomrress should prohibit it, r. Bat a -provisMMt. was iuat-rltsd at the iotig tion of South. Carolina, she declaring that she wonld not consent to the Constitution if she was prohibited to carry on the slave trade uutil at least 1820., It was at the instigation or South Carolina, and out of At aMachoeits, that tbat dense was inserted. I have no doubt persons in the : New England btates were interested ia the slave trade, bat Ibey were few in number, amd the did sot excess the voice of any tttate of the North. Hot this provision was inserted at the instigation of 3oaib 'arolina, the : demand, in fact, being made by her. r , X a.n glad that my friend referred to that provision la the Constitution. It shows this: It is provision agaiust prohibiting the slave trade, and it shows the feeling that prevailed at tbat time among the fathers of the Republic; among she men. who made the Constitution upou the subject of slavery; it shows that they were anti -si a very men in seaiiineot, and that this provision was inserted simply to preveut the too speedy did too decisive operation of tbat eentimeut ia cutting off t'ue foreigo slave-trade. QCSKT TO BC AXSWBBKP. , .Again, my friend refers to that provision of taa coostitatioa in regard to the recUnmtion of feitive sieves. He eays that ia MaMscbusetts. J other States, they have pasted laws to preIf ?r-li sVom eejeyiog the benefit of this XwJJt the ioBetiMtiow. Wail taw gentle r,-""J,X-0-T i;iafa bsbV wtside.Bt' ts ( - aM tatBSeo-tai 4 ' ' N -raijroBs--tta X -:.r.,.. 1 reVsssd a jsiaasal kbsey hid. ' It was the opinion of many meS It) Mao aebuseits, as it is the opinion at ssaoy f verf Wbere, that the Fugitive Slave law is defective; that under that la tree men may1 be carried ioto servitude, and they have no remedy. Under this eonvirtiun, for the purpose of preventing freemen from being carried Into slavery, soe passed a personal liberty bilL In my opinion coat bill was impolitic. I am not here to demud it; bat it was not a bill to nullify the action of the Fugitive Slave law. Bat while my friend has a voice of condemnation fur the action of Massachusetts, what word taa be got for the numerous acts ot the Blave States interfering it h the great rights of freedom uf speech nod the freedom ot the presf Virginia and most of the slave Slates muzzle the (ires and seal the lips of ireemeo a poo tbe atijeet tl slavery and all kindred subjects 'W hile the gentleman is sboweriog deuuuctatioo npn Massachusetts, let him remember kiuditsd acS in the Sou'h. THAT rXCRST BCT FK4BFCL rVBrOSK. My Irieud sjys there is a party in the North that is cheribhiug Ibe secret purpost of ultimately overturning and destroing the conxtituiional ruhte of the Sjuih; of deayiugto the couh those guaraaiecs which the Coostitatioa has accorded to her. VThat evidence is there ia the world of the correctness of my friend's state ment. Look to your Platform.' You fitid nothing of the kind. Look to tbe epeeeue of Republicans. You find Dothinit of the kind . But la tbe total abjencn of evidence this secret purpose is cbarged. It it is a secret purpooo, my friend cannot know anything of it. if it is a public purpose, tbe evidence can be produced. tientW ma, soy irienu speaas in gecerai itrmi of the dctrio of noo-inierventioo. What precise idea is conveyed by that? . I kuow it baa been a sort of catchword with the Demo cratic party for a few years pas'. Whenever they come to the ubjtoi of slaver, they always tell yon they are in favor of nou-interventioo. aay that t now an anmeaair.g word. It now couveys no idea. ' They are in favor of noa intervention; they waut to know 00 North, no South, no East no West; they want to know nothing tJpou this subjaet. ' ; AMOTBIR VCCSTIOX. Mr friend ays that 1 stand opoa tbe same ground with Yancey; that 1 add Yaocey stand nnou tha same ground. I wou'd like to kiow w'bat ground he stauda upon. , We are tired of -laie taik about ooa-iuterveotion. Tbe political lietio8 of Ibis day are practical: Utey are poiuted; im-re ia do difficulty at all in knowing j ist what it is tbat now divides the parties, the Republican party from both factions of the leaocracy, and one faction of the Democraej from the other. Has my friend told voa where he thinks I stand, and i sbati come to that by-nnd-by. " " -- v- - . .'f BAtBTB OOCTBtBB OTM Tl BOV-tWTBBVBV-t Mj Inane1 oalls this doctrine of Bos-ioterren-tion, the ancient doctrine of non-ioterveation." It ia eeetaiery not more ' than yar old,' and tbat did not nee to make n thing ancient, but it aewnt that it does now. The fr?wt woctrroB front the time oar CocsiildUo.wM loriacd until 1835. as recognised by jail pam, were toe -doctrine of intervention, ' and if anjtJuc'.rioe Can be called ancient, that is th4 iy)tenl docfiion. This other is rnodern; the , other is old.- It has been triad ia bat o single osMa, and tha remit m written in blood upon the J plains of Kacaas and on tha darkest page ia the -. history of dwmeneaa politics. Yat tBia novel. this new fancied theory h called 10 the bearing 4 Of eensib'.e and honest men, the ancient doctrine of aoo-iavsrvention. - -

- " BMOTHEBXO WIS COSTISrEb: " ' My frijad. ia rpeaVing of lh Miasean Com promise, jsaid it was a "smothered war;" Uat instead of giviog peace, it had ben a Btnothcred war. The war that before was smothered has broken oat in deeds of blood that hsve rnched the soil of Kansas with the gore of ireeinea and which have kicdled the flame of discord Letween the North and Sooth. God only knows what are yet in reserve for as as consequence of the repeal of the Missouri Comprocil&e. rotmos DcrisrxD. Gsotlemeo, I ant in , the first pluce goio to teii yon where I stand, and where the Republican party stands on the subject of Slavery. Tbe Republican party claims that slavery is a local or municipal institution, and tbat only exists by virtue of local aod poiitive law. That the law of Nations nor the corn -non law do notrecognizj' tbe iibt of one man to hold property in his Mlow man. The law of Nations approved by all nations, recognizes the ritfbt to bld propert r in horses, in cat'Je, in sil

ver, in sold, and inland, but nowhere does it ret'ognz the ritfht of property 111 man. 1 ne cvumnri law; that which we brought with a from England, and whit-h provides the bmisof law for nearly all the Stales of the Union, eq.ally, did not recogoizd this right of property in man; It recognnfs the right to hold property ia nit these other things, bat it did not and does r ot recognize the right of one man to buy or sell or hold his fellow man. Now. this was the doctrine of the fathers of tbe Republic this wss tbe doctrine of all tbe State of the Uuiou; it whs recogn.nd by Courts of lh States both North and South aa well in tbe H tilth as in the North until wiibio the last six or seven years. Gentlemen, we further believe that 'he Terri tories of the Republic are the property of the Nation. Being scquired by the Nition, the Nation has a riirbt to govern them. We believe tbat the right to arq ure carries with it the right to Kovern, and if not, the ruht to acquire wou d be a barren right. , Of what value would it be to you to have the right to a qiire property, if you bad no t.or to control it after you got ii? But we do not rely upoo that. The t'onstita tion by an express provision declares that "the Congress s'.iall have power to dispose of and make all needful rule and regulations respecting the Territories " Here is an express power conferred with but one limt.ation; that is, that tbe rule shall be a needful rule, and Congre-s is to be the judges wbetber if be oeedf -il or not. - We furthermore hold that Congress has f. ower to legislate upon the subjdct of siavcry in tbe Territories as well as apou all other subject?; aod Congress to exercise tbat power to tbe ex cjrjjioa of Slavery fro.o our Territories. , What is the r asm of that, gentlemen? We go opoo the gronod tbat Slavery is a moral, social, and political evil; that it is a curse where veer it has existed, not only ia this, bat in all countries; that it has beeo a baoe to society; tbat it has rested as ao incubus upon tbe best interests of man; tbat it has resisted education, and op powd progress; that, ia point of tact, it has re sis'ed the adsancement of tbe people; tbat it has built op a small class, while it has degrided the great majority of people, even those of Hie same race with the master. Such having been the eflf-ct ol Slavery in this aad other countries, we believe that it should be resisted ia tbe Territories. Bat while we hold this to be the doctrine oa tbe subject, we hold aa entirely different doctriue wt'h regard to States. We say tbat where slavery exists in States, the Geaeral Government has no power to interfere with it that it is exclusively a State institution. We say to our frieods ia Kentucky, if Slavery be a good thing, beep it and nourish it. It is yonr right to do so. If, on the contrary, you regard Slavery to be an evil, -abolish it, boeauM yea have power to do it We I! 00 rffht to .interfere, one way cr the ether, oiChihn iasmtntkm in nay of the States wharw t i 3c" hat oboa propose to extend CUvory U.J 'U ttraorkwnow free, the effect ef -whtafc wta o to axdade freo labor froai thooe TeriS torts -to exclude you men whoheari me, and yont ohildren. If yon should dVroto go aod settle these we say we have a vi,i-e ia that matter; we bare an interest in those Territories, and our determination is, if ic can be effected constitutionally, that tnose Territories shall be preserved to freedom and free labor. ' G-iiitleinan, do yon not know tnat where the slave goes free labor will not go, except to a very limited extent? Is there a man wilbiu tbe sound of my voice to-day, who is wiilio to go to Kaasus aod work along side tbe slave, in the same Geld or in tbe same s'lop? Yon will not, been use you would feel degraded by the c utact with a: a very, and you would feel that the master looks u,iotiyuU in tae. cin4 light as he looks upou his slave Tiiis is the inevitable effect of slavery. It would exert the aiine 11 naenco ujv 00 ns. In the Souttt thoe tneu who own their ea:penter8, their field hands and their wa?mi maker-, look upjn s i men who perform ihesame kind of labor ia tbe same iigbt as they look up1 n tueir idaves. I hu U the natural and irreeistibie inHieuce of slavery opoa the mirids of those who are brought into coutart with it; and if tUv labor be admitted into a Territory, aa a const q teuce free laoor will not go there. THE TRULY ANCIBBT. This is oar view on t he subject. It is no new doctrine; tUa .K God! It is as old as the C m slitutiou end just aa bright; and if you il- puiut me to a Democrat ia t'.is hoqe thirty five year of afce or upward, who has voted -Uie ticket" from the time he had a right to vote, I will bow you bis tracks upon our platform; those tracks may be dimaiel by age. but th"y are there. " hy, gentlemen, this doctrine was tbe common doctrine of all parties. It was Democratic doctrine throughout the whole life of tbat party until 18"-t; it wits the doctrine of the Whig party throughout its entire existence; it was tbe doctrine of the Federal party aad it was the doctrine of the old Republican party, as lo:g as it lived. It was a corn mo a groand upon which they could all meet in peace and amity and take each other by the band. They differed about banks, tariff and a thousand other things, but they did not diff.-r upon the question of the power of Congress to exclude slavery from the Territories aad the duty of Congress to exersise tbat power. TBSTIMOST Or THK GRAND XOOCLS OF DEMOCocaxcr.

Let mi refer yoa to a little authority npon this subject. For too purpose of waking the application more pointed, I will refer to Indiana authority. The Democratic party ot lodiaaa stood upon this doctrine until 18.S-4. Let rue read to yoa an extract from aa opinion of Gov. Whitcoinb Tbe State of Indiana, perhaps never prod ar ted aa abler or more koneet man thao Gov. Whit comvk lie is dead aad srone; bat all delight to do honor to the memory of that great man What did he say? Ia 143 be said , "It .isiaconBrovcrtibie tht slavery, bete mn 'kewherev cannot exist witho the aaaction of "positive law. ... , "I am opposed, to the. passage of any' sach law. 1 beiievo th Oencress can, coastifatioo ally, pam aach orgnoie lava foe the government of tbe Tom lories aa will, in their oprratioa, panveet the Territorial LsgislataiT from pammg; any such law. It follows that Coagttm can. in my judf oient, conuitntiooatly prevent the iotrodao- . tion of slavery; ioto tbeae Territories." I bow give yon tbe opinion of Judge Johai Law; now, I believe, a candidate for Coogresa 'in tbe first eoogTejrnonal district, on the Deaiocroti ticket:- V - ' I tjel no relacUoon ia aacverisg both yoov

questions In the aSrmativ9. Were I in the L'i-wztwi of the United States I should most assuredly give my vote aod interest in favor of every proposition for excluding slavery from any territory acquired or hsreafter acquired, by tbe United Slates. I should deem any prospective action of Congress on the subject both legal and cooftaUonal." Well, tbat wan Jadge Jobn Laws' goo! law i then; bat it is bad law row, it sserS, with him. Laughter aod some appiasse. That gectle man is living authority. Let me read to yon some more. I will read the opinion of a prominent Senator, Dr. Graham N. Fitch. I don't

koow whether you consider him alive or dead dowo here. Laughter and much applause. ' CoL Foster (a prominent Democrat) tie is dead. Continued laughter and increased applause. ... A voice There is more Democratic authority for you.. Con'inoed laughter . , Mr. Morton Dead, the gentleman ssys. Col. Foster (again interrupting And politically damned! Mr. Moron The gentleman adds that be is dead and damned Weil, if he be so, his authority is betrer, because he is dead because ho nan ron-axen nis principles, sir. ritcn saiu to reply to a letter, as read: -.rj- ? , -Plymouth, Aug. 14. 1840. "Sir: As there are a few who tl.ii.k that yoa have not bet'n quite definite enough on somo of the qoetioua iuvolve1 in the present canvass, I winli yon to answer the following questions, to wit: 1. Will you. if elected. Tote for the unconditional abolition of slavery in the District ol Columbia? '2. Will you vote for the abolition of the inter-State slave trade? (if the same is constitutional, of which I am not satisfied.) "3. Will you vo'e for the Wilmot Proviso being extended over the Territories of California and New Mexico, aad agiinst any law authorizing slaves to be taken there as property? "Plea answer the above questions yes or no, wi-hout comment." To which the Doctor replied: "With pleaura 1 answer jes to all the above questions. Entertaining the views indicated in my answer above. I shall not only vote 'yes on those questions, but if no older or abler member, whose influence) for them would be greater than mine, introduce tbera to Congress, I shall do so myself, it I have the honor of holding a seat there." 1 will read yon tome further authority outside of the State of Indiana. I will ed a little from one Stephen A. Douglas, a "leetle "iant," sometimes called "the little joker." What did he say? Hear what he said in 1849: "The Missouri Compromise had its origin in the hearts of all patriotic men, who desired to preserve and perpetuate the blessings of our glorious Union; an origin akin to that of the Constitution of the United States; conceived in the same spirit of fraternal atfoctiun, and calculated to remove forever the only danger which seemed to threaten at some distant day to sever the social bond of union. All the evidence.--of public opinion at that day seemed to indicate that tbis Compromise had become canonized in the hearts of the Americaa people as a sacred thing, which no ruthless hand would ever be reckless enough to destroy." ..w:-,-T .-v- , My friend says tbat it has been am otbered war. Mr. . Douglas -did not- seem to think so". He spoke in the' highest terms of it, and gave to it thesame dignity and ' the same sacred character as to the Constitution of the United State itself f anil he said it was so sacred that "no ruthless hand would ever be reckless enough to destroy" it. Who afterward proved to be the reckless hand? Mr. Douglas himself. Much appl ause. TO DOUGL AS1TES. Gentlemen, allow me to remark right in this connection, in 1850 the Compromise pissed; we had then a dangerous sectional agitation goiug on; the waves rolled high an i threatened to engulf the pillars of the republio. The spirit of compromise was abroad. A compromise wa made. It gave peace to the nation. In 1S52. in the great contest between Pierce and ScoU, the slavery question !catcl entered, it scarcely disturbed the repoe rf the country North or South. The country became calmer up to the- bciinnin ' of 18-54. Iu lct it has been said that there had been no such har mony and good feeling between the Nrth and South since the davs ot the administra tion of Washington as existed after the pasRage of the compromise of lEoO. But Douglas brought forward the proposition to repeal the Missouri Compromise. It was not asked tor by anybody. ro class of men were desiring it. No petitions were on the table of either House asking r the re peal ot that compromise; but when Mr. Douglas, as a Northern statesman, came forward and offered it to the South, they had to take it; they thonght perhaps they could not ea home ha vino; refused to take the oiler made by a Northern man, the result of which would be the breaking down of the barrier set up against slavery; and from tbat time forward we have had in tbis country the most dangerous sectional agitation that ever existed; we have had the bloody wars of Kansas; we have bad that spirit engendered that first brought into existence the Republican party, and tbat has at length divided tbe Democratic party.For what has all this been? As I have eaid.it was no aked for. It was done to secure, as Mr. Douglas thought he would, the gratitude of the South and the support of the South. He believed it would give to him claims upon the South that would make him President of tbe United States, and it was done to gratify his own personal and political ambition. Now the -same South, bv one of those decrees f an over ruling Providence, is pursuing this man to destruction. She declares that the fruit ho presented to her has turned to ashea on her lips. Tbey accepted the promise, the bid. that was to give to tnem tbe vast, temtonea of the West, but they now see that like bis father, in olden times, be had ' neither, kingdoms nor territory to ' give. Great ap plause. - 5 r -.. co I ask now upon what groexnd this should be elevated to the first, office ia tbe gift of the American people? If it be done it will be npon the principle that tbe hair of the dog is a emrs tor the bite.' As wU might you givo the roaeow at esktmat awing good oa ate. and AtTUf throw toe coaaijrj ibbb

MBsJNIUI to TlH 11

Great applause anl. U thb doVt-cabspolici. V- - What are bis feelings on the question of slavery ! lie said in his speech on tbe Lecompton question that he does "not earvwhether slavery be vo'ed np or be vote down." This is the doctrine of total todifel , a f! rVlr.T Z "V. r 7 Ti O - I. , "lT V it.r L 1Z :VV. that tn all ages and countries nas been a source of trouble, revolution, bloodshed and finally of national overthrow; and yet this great legislator of the nineteenth century says be does not care whether it be voted up or voted down. Why, gentlemen, it seems to me that the man who has no feeling on this subject is more or greatly less thau a man. lie can have no soul nor heart, not even a gizzard. Great laughter. He is but a callous excreaoence upon humanity. . Much applause and continued laughter.! . The North can not take him because he is indifferent to the cause of freedom; the South jwanot accept him because he is indifferent to slavery.Having no feeling on either side he is at liberty to cheat either party as his interests may demand or his caprice dictate. As well might a man sav he don't care whether he be living or dead; whether he shall go to heaven or hell; whether he shall go to Con gress or to the penitentiary. 1 would add that I don't know that there is much choice between the latter. I have not been to either. Laughter. war BOWK SOUTH. The Democratic party met in the city of Charlestou some weeks ago to lay down a platform of principles, and for the purpose of nominating a candidate for the Presidency upon tbat platform. I dou't want to do injustice to that convention. I learn there was a Kreat deal of truth told there, and such truth as tbis nation would do well to treasure up aud remember. .1 learn that the delegates charged each other with being unprincipled, having no o.her purpose than to take hold of the ejwnls. 1 understand all who heard them bad tbe greatest confidence in the truth of what wai said. Much laughter. They failed to pominate a candidate. I think to m-tke up for that little omUsin they will nomiuate two shortly. Tbey. have met at Baltimore this week to find ut what they can believe, and then, if they can. tbey will nominate a candidate thai cannot be proved to believe in anything. j cr There were two platforms at Charleston. The substance of one was, that tbe Consti tution of the United States, by its own inherent power, carries slavery into all the Territories of the United States; and that there is no power in Co ogress or ia the people of a Territory to exclude it. It went further, and declared if the courts were found to be insufficient to protect the peculiar institution," it is the duty of Congress to intervene and pass a law to enable, the slaveholder to enjoy his constitutional rights therein; in other words, to pass a slave ood. The friends of Mr. Dougtas -the popular sovereignty man what did they do? Did they bring forward a single resolution affirming the power of the people U exclude slaverv from the Territories by me ana of I Territorial legislation? ; If . there was sueh a proBoaitioo brought forward, 1 aavat atot heard of it; it baa not been published in tke ' newspapers. They first reaffirmed, in gen-1 era I , terms,'- the Cincinnati Platform, aad : then brought forward a resolution that, "inasmuch as there are differences in the Democratic party upon the question as to : the power of Congress or ot try) people to , exclude slavery from the Territory, therefore, resolved, that we will abide by tbe decision of the Supreme Courts upon tbat sutij;ct." .: Well, now, gentlemen, what objection did they make to the Southern platform the majority report? The principal objection seemed to be that they thought they could vot carry any of the Northern States upon it! Tney wanted something to carry a lew Northern States with. To quote tbe language of one gentleman: 'We don't care a d n what it is laughter yoa give as, even if it is a patent percussion, back-action platform." Coutinued laughter. Tbis seemed to be what was demanded at Charlestou. - A QUESTION DIRECT. Well, now, I wish to consider this minority report for a few moments. Mark you. it was the earn ing out of the platform of Douglas, as developed ia his late speech in tbe Senate. He does not tell you whether he believes the people have the power - to exclude slavery trom the Territories or not.; He talks, as does my friend, in general terms, very earnestly and plausibly, aboBJi tbe right of the people to govern themselves;and that is indeed something; it, sous) is, well in a speech .ox on the stumjyjbut wheal! he comes to the only real quest ion- Ha ve tbe people the power to exclude slavery front the Territories? he t-''Vbat is "a judicial question." Gntlemerfwrwant my irieadj be-'ore be has done aod 1 douijt oot -be will gladly embrace the occasion to tell you whether tbe people of the Territoriee have" the power te exclude slavery. "TbU is a very important question. It seems it was important enough to split the Charleston Convention ia two; and it threatens, to split the Baltimore Convention in two. Being of so much importance. my friend will not omit to tell you oa which side b stands. - -1 - -. f J - JCDICtai QCESTIOXB. . J i Now I want to consider this judicial qee-! tion. Is it a judicial question? i With jast as much propriety you might eall it a moral question, and refer it to the convention late-J ly in session at Buffalo; or a scientific qae4 tion, and refer it to a board of science. Call it anything wxeept what it is a daeent way o jdodgiBga reponiblitr aad ebeatinif tbe people ot of their rotes. - . If this U a judicial one, I would like to know if the question or building a railroad from the Atlantic coast to tbe Pacific shore ia mot equally a jadicial qeeVAe? There is stq question tt safAt noV2n tbe setae propriety, be oQed a Jaiicia qorstion. Le, then, these gentlemaw be exeased npon -ail sabjeem. fcr it earn be dmse With precisely tavaaasae psepikTjy . y-y :r , ....... . . Bat, geatle-snt. tbe Seaatsof tbe TJailed

a permanent core, much ianghter.

Cutee rsoeejCy rnnt a

J introduced by Davis of Mississippi.

Tber itsau isffins tbe same doctrine that I have spoken I ... - - " ot; the right to carry slavery into all the

I Territories, and the absence of any power ne,cf .r1. U6 prevent; and the duty of CZsJl

intervene for the protection of the mstttm..run. ii necessary, iaese resomuona receired the vote of every Democratic Seua - i tor present, save only oee. lt-.ej received i of yonr Senators from the State of Indiana I wfll not call them Senators, for tbey are bogus; they were never elected. but tbey hold scats there. And if there k ' 'I J V I -u .uu.ui.wu ,o cipuaura oi xemocranc tattb that has been made, it must be found t,:x;- , .i .a- Ta of in those resolutions. Douglas does not fake different grounds. He admits distinctly that the Constitution ffives the rkrht to take slavery into the Territories; he does not contend for a single moment that Wal j law is necessary to authorize the master to I hold his slaves there; and when he comes i to tbe question of the power of the people I to turn slavery out, he gives do opinion one way or the other, but be sajs. 'tbat is a judicial question." THAT CSFBISXBLT BCSISISJ. He oaee said in a sie-ich at Fret p ;rt, in Illinois that the peoI of the Territories mijht exrl ide Slavery by a bit he called unfriendly leirislatioa" not that tbey had a rivht to do so. bit they might annoy it oot of tbe Territory. for eiamp e migbt tax it to death, or might fail to give to it that poise support necessary to envble the master safely to bold bis slaves iu tbe Territory; and he said this mt(ht be don, no cmerence wiiat the Supreme Court eaid upon tbat subject, 'a, . - N w, f want to examine for a single moment this sudden attachment that has grown np in the IVm.icratic party lor the Supre ne Coart. Courts were never made to decide political questions. The mom -at any rojrt enters into the political arena aud endeavors to settle the policy of or to shape parties, t hat moment the conrt transcends its sphere. The idea tbt five SJi-er-arnuatd Judges, not one of whom, 1 am told, con hjid his ha.id steady, or keep awake on a warm day. can iit in comfortable seats and s iaue political q-ievioi.s and decide them, iu the face of eigbreeo millions of people, is preposterous The D.'m icraiic party did uot entertain their veneration of the supreme Court ia the time of j JfTorson.. A voice, "Nor in Jc'tsoa's dav.' I C-igres passed tbe alien aud seditiou laws, and then it was that Jefferson asserted that each partment of the Governmert most J'idgw of the constitutional power within itself; aid he said further that no o.ie department had toe power to determinine the meaning of the Constitution for another; otherwise it was to give the' power of all departments to ooev The Democratic party has eouatautly affirmed that pr uoip'e. notwithstanding tbe courts held it to be constitutional. . . -..;.;... ; TBBXBXTIOIt tXIB CODBTS. ' ' 'V But we have had more recent example. The charter of tbe - Bank of the Uuited States was about to expire. That charter hid been held to be cocstilaiiooal when that question bad come properly before the bench, aud the C-turt was compelled to decide it. Well, the charter of the bans: bein about to expire, a bill for a re oaarter .was introduced. It catue before General Jackson for approval, ami tbe old man said: -f have saiovti to support tU Otttitnttoii as I uoileisiatMl it; and I veto this bid because Oonwreaa , Baa no power to crea'e a United btates Back;'' and, Keotleiaeo, the Democratic party ud the cou'itry sustained him in thai decision. and the Ueraoeratie party from that time oa uoiloruily declared that Cotigresa has no power to create a Ucited Stales Bank. Ia 1856, at Cin cinnati, in their platform tbe Democratic party affirmed tnat C'nagrea hadraer sach power, right iu .the face . of the. decisiaos-' of the j Bupreuic Coart; and reeenily at CBarleatoa, both of tbe Bmutsrma I have spoken of reamrmed tbe OineianafJ ptatfora. -j Tans it appears that. WBereaB tbe decisions of the eopremo Court srd binding infallible and absofulely bindthg upoo the' ubject of 8lavey yet e spit Upon them and defy tnem. npon tbe subject or babk. Ja other words, the Democratic party sustaius tbe decision; -It sustains the party and ignores its exist ence when the party gains nothing by supporting i. This is histovyw lt ia troth, as recorded in their platform. , e.-JK,i-.;;-vr . TBK COMMq.V BLCOD AXO TBKA3TBB BITHNB3S. Bat, gentlemen, I want to examine for a short tixe this question about the right or, tbe slave holder to cairy bis staves into the Territories , - Say what we will, disguise this issue aa w may, it is to be the great issue ot tbe com og eaovass.' ' It is ctatmed by -the sopreine Coart in the D red Scott ace, that ioasaMM-H as these territories ware acraired by the common blood and treasure of the nation, that, therefore, the people of every eVate have a right logo ino them, taking wbateveK kind cof property they iave in the State fro n. whieh thev ro- Vhat docs tbis lead 'o? If the fact that these Territories were acquired 'byhe com on bl xvi aod treasure of toe nation srives the slaveBOder the riirht to hold slaves ia the Territory, I bow that ri0'X can bs cut off how that right can be destroyed by the conversion of tbat Territory into a State? - Ioes not the riebt to eater, npon. tbe public lands rernwia eqaallv strong, wbetber tbe land be found ia State or Territory. " Tbe eff-rt of thb woaW he to plant slavery In every free State.' in the YJrrioa where stria re see public lands unsold. Ja Micbigan, ia Iowa, b Canfornia, in Qreaon, the re are millions of acres of lead yet woo44. aad these were acqnired by tbe eommon bkd aod Breasoravaad HinT to this argument tbe ataveholdW baa m right to go into tbera, and settle upon them, carrying with him Iub staves-: i 1-' x ' ' -The tar ie rbo arameat: of common blood wool j plsnt slavery ia every free State of tbe EotoiBi and there can be no argument that can oa ewh. fiMWarrl to pUatisisvery m the Territo.ies; bat would piaet itfi tbe States. . I tell you the moment yoa get ' this . instrtntiorv of favery into the TemsorWby virtee of tHe Crn-r etttutioa, yoa get ie into .a States, s The tb Artiele of the Coasti lotion declare, , ; ' - -' f This ConatirukwCand tbe laws of the United State which shall be- mae. m parsoanee tbera of, aad alt treaties fnade. or which shall be msdo udr tto Minority of tbs Uiriud States, shall be tbe su-rerae law of tbe land; aad the judges la every State aha! be bound thereby, anything at the CAMstitatfoa or tnw mwt ot any mate to i 8e yea sew, the very moment yoa eet the principle of slavery inta. the Federal Constiin'ioa, that very moment tbe ahrth article makes it part to tbe State-Coosti to? ion. and piawta it la Iadiaoa .as in Swath- Carolina. This tbe egiiTmaia iiaiat u xbib ootruine r nauiDtuj Oar friends dowel South doot ask as to concede tbat nieh yet. They only ' ask us sow to cooeed that the Crje5rwlio carries slavery foto the Term oriea, aad ibao they will ask as to eonede the rest, 2 ; j V . ' .-...' r. ? TaassairmtoB or tocxi, tlaw. - for a short rhae examine the ether ad other tbrwaebee of it. What is Let me quel the vwasoa tbe veaesdar rannet carrv Bis stave lata Cuni ami mU k amt mm ma tmkm soar ? ada for it- ibatvoar-aovse ie recornized ae propft n il i,i IMfeiMT I m, ... .as IM IH?atv av tbe tarw of aaftiona. aad bv the eom-soa ! i.. wimA, tiaaiM. i. uaaaaui eaoaeoaeotlv la-rL ylmm mml BU mUmm ia Iklaaaaa. there

i most of necessity be a law giving; him that right.

! Can a slaveholder co trere from Kontacky aod I.-l .V I . take the local law cf that State with umf if not, he cannot burd tbat properly ia Kansas uojenL oiaves, by j by ,he )jMt4 of Loo,. 1b Virginia they are peraonaj property they go to the admioia , trator and cot to the heirs. Sappose a slavej rjouier goes from Kentucky an J moves h 'Teal estate" with him, (which nd to be accounted a mBeult teat.) and aalaveholder goes from t tr- . - - -' I e?ana txe,Ms -personal ptoperty. touppoes lQ.,,U" lU lle of the Wucki.n , tbe genlleniao from Vuviaia, I ask what kind of !nmn., k ryA.B mn-A k rvnrt. i.nri.. ter. I ibis show the practical ttfect cr too thing, and exhibits Its absurdity. You have a bank in Indiana. That is personal property, and according to this common blood and treasure argument, the owners of that bank would have a right to carry that bank into tbe Territory of Kansas, and there carry on the banking business. , But they cannot. WhyT Because they cannot carry the local law tbat creat-s tbat bank. Per the same reason the s-lav.iboider cannot carry with him hi s.ave from Kentucky, because he cannot carry the local law that creates and makes that man a slave. DBto-erdrnsx xintrto. Gentlemen, we are soxetlmes asked the question. Wilt you defy the power of tbe Supreme Court Will yoa abide by the deetsioo of that Court, made ia a proper casef Aod 1 say that I will, whenever toe court has a right to decide tbe question. I say tbat as a law abidtog eian, I wilt stand by it until the law baa been repealed iu some legitimate wav. or tbe decision reversed by a competent tribunal. But the qnestioa arises Erst here, did the Supreme Court decide in the Dred Scott case tbat a slaveholder had a right to ca:ry b:a slate into a Territory aod hold him, and that Congress bad no power to exclude slavery tberefroin. , , . 4 I will say jist here, that while my friend contend?, in general terms, for Popular Sovereignty, ' he at tbe sa-ne time indorses tha decision ot the Supreire Court in the Dred Scott case.- Wall, the decision directly, pulls np Popular Sovereignty by the roots, for, although it decided tbat Congress has no powei to exclude slavery, it etves tbe riiiht to govern the Territory, and when she does as be says, he is in the altitude of the man carrying his own bead in a basket I,:uiib er. t he two thine are inconsistent aud cannot stand together for a moment, it is a well recoguizjd principle among lawyers, that when a court givei a opi noil upon a question not arising in a cae, that it is not bindiu;j ; it is what wo call obiter dicta, thai is an incidental sating. Tbe c urls cunnot bind anybody hy its Oiiimoo upou a given q-iestion without tbat qientiott id presented by the ease bslore the court. Suppose suit ia Iwouiih ia the . f onroe Circ-iif Court for a piece of land. The court d- cides tbat the land belongs to Richard Ra and uot to John Doe, and then (Meson aod gives an opinion as to tbe power of Ccg'e-a to exclude s'avery from the Territories. Of that you would say that so fr as .-da very in the Ter. ritories is concerned it is his opi a i on, but it is not binding apon anncdy because that question did rt arite in the case. If tbe opinion be worth anything it is because of its intrinsic soundness, and not because of its binding force. There is another rule of law, that when a Court has no urinliction it can give no opinion; the Court having no jiirisdicion, it cannot enipannel a Jtry, r hear t:te evid -ace, or the areunents of counsel, because, having no jurisdiction, it can make bo investigation whatever, but tbe caae mupt be diarniseed at ones. - This represer's the state of tbe Dred Scot' case. - There was but one point before tbe coart, and there is bet one decided. Dred Scott brought Lis suit asserting bis right to freedom; and the freedom of bis .family. Thecuit was gainst Sanford. ba-.ford put in a plea in abate- . tnent: L lie ' declared tbst the CoUrt bad bo Ja. risdietioe te try that case, because Dred 8 Jotf bad bo r:gbt tou in tbat Court; and - he said that Dred Scett having been born of slave par' ents Sbdf having negro blood' in. bis veins, wad not a citiz -ii of tbe Sta'eof Missonxi within tbe meaning of the Constitution of ; the United States, and that tbe Court bad no jurisdiction. That was the only quest ion before lh$jpreuM Court of the United States, aaf tnat as the only question decided. Tbe Court in the first place ears it bad a right to give Ha opi eio Ion ' ti e question of jorisdiction. It held that Dred. Scon being tbe descendant of elave parents, and having Alricao blood in his veins, could not bring snit in that Co urt; hat after having done) that Judge Tany went on aod gave the opinion."" of the Court as to tbe right of ibe slaveholder to carry slaves into the Territories a-d hold them there as property a q'testioa that dad not ari-e in that c&ie more than in tbe case of land title I have referredto. Thisoolalfe matter was'' dragged mi, aod tbe purpose to aid the Democratic partv. and if po.i6te to' invest those opio ons with tbe sanctity nnd power of jadicial Opietorts.. After he had tallied all over creation tut this sahjecV bo did not dare to decide tbe esse opoa those grounds: he had to come right hack and' decide simply the question of juris lierieni I will re.ad l?ie decision oC tbe Court? the Soal judgment, and you wi l see -upon what gronod it placed its decisiqo; - , "Upon tbe whole. t!ifrefoYe, it is the judgment of -tbhi court, that 1t app-ars by the record b fwremv tbat-iha .plaintiff ja error is not a citizeoof Miwari ia the sense in whic,h that word ia used T IheVinW.ifiHfopar.d that the Circuit Coart of the-United stalest for eh it reason, had ao" iaictioo in be-.ee. aedt coutd -tpve DO jadgioent ia it, , Its judgment for tbe defaodaat mast, cooseqientiy. oe reversed, ana a maniaio iseued, directing tbe Bait be dismissed for want of jurisdiction. ,-i l ;,a j i i ttitl So that every man, can at once see and understand opoa what point that case was decided and all that' tha judees ssy upon- these other e,etoes is oat outnde ef the eaeMaad canaot bo biomng upon asy oooy.. v, rJt 0 ' . GLAXrx at xa BBcoaik . , . t Xow, geotlemeo, I -want to refer to thm tbmg Itbte new discovery -of tme nseaning-ef our UIobstiMtioo. I ' save meottooed to yew what Why, gentlemen, the sixth act passed by the first Coegreas antler tbe present C.B-lit'lot was tbe act AO reaffirm, the ordmaaee to! 177., Tea act prohibited tlavery in all the northwest territory. '" The sixth act. passed under tbe present Caaetitaboe, reaffirmed tbat ordioaace. That ordiaance bad been passed by the old Congress of the con federal ko, aod it was worthies under the present ont4tatioe unless adopted by tbe pass snl goveraD4at; aod it was adopted, and it excluded slavery trom all the nortbweat territo vnMrMin ' Tiil.n.' VrTWk Altru ' tA tllMk j iJr- " Umm. .m iirWa Taa Barea ea-1 PalisHtaed biT lorwrobibh'.biting slavery -ia aarioaa terntoriea, James K. "Polk, a stevahofder. freA Teaoeaaee I believe,' he waa ao baaea man. aad wbe made a voad PraaideaV hima4f srned the bilk pa mad by Congress which eadeded smverj from the Tavrkow of Oreswi: end e BWe cbafs of acts from tbe time of WsekitCltai fisjisgeiiing tbe power of Congress t-axchds siayf ry from tbe temtorW. . - ; - t l aaigbB jsai Say b skat iearawtwely possibte t MSfc. mmmmm IP'1 W w bfct of esoecWsey ami pobcy; becaase h- . bb obaervatmo and t evieeee are eoostaetfy 1 addior te tee stave of beam a fcaawtsaV; bet I 1 sav upoo a ouaetioo of

7T. " T-o tri imlaie tbat tbs mtu of a later generaUoa a.V

can lot wcaa WNHiWfli wn mim mum, jajtifle to a oontraet raeaat by a contract than stZ;M themselves, however i'diterate they may . this desk anderstaod Certait.lv tats caaoot be. The wbale buaiae of eosstractioa js te find out whet tbe partiee meant, aod when the parties tbemseivee have acted opoa tbat UecIaraUoa tarougboat thcur lives, tbat settles the qaeetiou. . , bBDDose I wnte letter to my meed: I snnpose I have aa good a right tossy wha I meant by it aa he, or any other man. CMppose, buy rears after, some person should say tbat be knew more than I the meaning of my owe letter; what would you say to him? .Ton would aay that he ts sorely a modern uemocraue, eeeeusauecai lawver, laughter and appUase, and yoa know! they are much wiser thao were tbe men severity yearn ago. -. . ; ... pope lab aovxaxiojrTT CErnrss. : :. My friend talks of popular sovereignty. That is an attractive theme, and has deceived a good many men in times past. What is itf Did he define it for yoaf I did not so soderstand aim. ' I will attempt to define tt for you. ' lirst, tbe beet de&nittoa -popular bumbng. The second 'best definition of it is, tbe right of l tbe people to govern, with tbe people being left call The third definition is tbatfiriveo bv toe ' Kauas-Nebraska biU itself: -Tbe riabt of the people to govern themselves, subject only to tbs constitution;" tbe exercise of the veto power of he uovernor, ana J udges to be appointed ty the President of the Ueited States, tbe venera- ! able "J. B.," for example. Laughter and mack1 applaasa Tbis Popular Sovereignty was ia ' vented by Gen. Cass in 1847, as a sort of buspeoeien bridge to enable him to cross over tbe 1 yawning gulf of the Wilmot Proviso. Bat you ' remember that tbs bridge broke dewe and tha General a sort of got bis back broke. Tbe bridge lay in ruins until 1854, when Doeglas dog . ! it up. " V A voice lie was a pretty smart fellow ta brins life oat of e dead carcass, Mr. Morton. But he did aot succeed in doing it. . , Where does this Popular Sovereisnty beein? begios first after Congress bas given to tbe Ter ritory a constitution in the form of a piebraiaa bill for example after the President bsa given to the Territory a Governor, judges and all the officers of state. After all these things have been done, this rizht of Popular Sovereignty , 1 begins. Now, if tbe people have a right to gov. I era themselves in a Territory, let us have tho principle carried oot in its purity. Ton cannot conceive of a people having the right to govern themselves, without tbey have tbe right to choose their own form of government, and unlet they have also ihe right to elect their own Governor, . j idjes and all other officers of state Ihoss who are to administer tbe government when it is called into existence. Does Mr. Douglas eooce do this thing Not a bit ol it! He concedes that Congrea has a right to give the Constitution, , and that the President bas a right to give Gov . eroors and Judges, and after that the people may . pass j ist such laws as Congress has conferred ' power upon them, by these Constitution and Governor given to them, to pass. states ts. taaarroRiKS. The very proposition oa its face ia a manifest inconsistency and absurdity. If tbe peopls Lave Libia right of government, I ask if tbe Territories are no: macs more powerful tan tim Biases Tr" - Tbe Constitution says that be State shall pars ' a law imps ring the obligation of contracts, or enter into aoy treaty, alliance or confederacy; coin money, maintain a navy aod great many ' other things. Now this prohibition is as to the J d .ates, bat there is no probibitioa as te the Ter- ' ritories. Oar Democratic frieade are ia favor of strict coDstroetioa. They -will aewvead. lthough Douglas did in bm Uarnsv.ssine '. article, thai wbenUmQeetsHsoc reword ' -State" . that jriter SmmLh tmart. Toav t . cannot place that ec Sbbtbi aSue. xrpeavte, ?'.laere t is- tio prohibition tw.rmBTrritajraw4 :tf the ' . Territories have the -power ef gnrwsawsal. thsy t have the power to do t saw thmgjhec ause theo t. is no limitation uos.thabr power they are tjt liberty to j.io this or. eny. stJsar' soamderaey that ' ' they see proper; they are Stales oat ef tbe Uuiou, and are more powerful tbaa the States in . the Uoion. ; If tbe word "State" in the soustitu. tion iscludes Territone." then tbe Territories have each the right to two Heoators, because the coostitatioa says: rho eieoate of tbe Uuited State shall be composed of two Senators from each State, and have all the other rights tbat beloog to .States." I that doctrine cannot be mairjtaised for a momenl,aadyet Mr. Dooglat was compelled to adopt t. . . - - f . . ; traoao EQUALITY. But my friend hai a good deal to say about negro equality. Tbat is the burden of the soug; on tbe part of tbe Democratic party negro' equality negro eqaalityl Who ie in favor of is the lispabiican party in favor or Itf If so, vhere is tbe evidence or itf a nave baa great deal of loose uec'.ataatKiD Col. Foster. 1 will tell you where the evidence of it is: ' Mr. Morton Well, ssy on. Col. Foster In Maasachusetts; nioety-Sre whhs women married to as many negroes. Mr. Morton Vy friend speaks of negroes voting id MassaebueeUs. ' Waenr were the ne roes first allowed to rote tbel Has it beea aiace the Repoblioaa party has beea ia exjatence? N o, bit.' Tbey voteWjatos palmy aay wtieu tbe Democratio psity 'sjsjisfl goferaers. .Gxeat spplaus... rs.i fl.i.wJ.y.-'.i. v Cot. r oter i am speaaiBgwi prasitcai amargamaUoa. ? ; -; t-li , Mr-Morton. Yoe plaesrl it there. My friend spok of Ohio, too. Ue spoke ef the riiaUi of Ohio, tbe negveea oewg atiowea.to roa tiiere. I ask under what coeautatlea see ney ail owe a to votot . I ask who made tbat soeotitBiioaT That coastitatum was asade whee tbe Demo craKc party had a majontf oft f weety taoosaod ie tbat State, (greU appUase-,, and tu the con vention, that atadf that- cpasUtettoa tbare was a iargo Democratae majosity.- (Contmaed apDlausaf waea. geousmsa, were nessoes nrsi allowed to voto in the State of Meiaet In the good days wbea the D ami am no party bad aa orerralioB majority ia tbo jtaaa. . Bene wed spBaaB.i a pout w awa wr poiet so a single stsp tsfcea Ja bee State te wards eoiargiog toe nemm 01 "bw wards - negro equality siaes tbe; Capebhcaa party called into power. My frmad may take ihe state of New York. Wb-e were aegroea first allowed to vote tbeteZ XaerB aod yaarc ago. before tbe Reeebhoae aarty bad power W ho was ia faro' itf Martla Vea Barea, .k. hn.ia fViaadot Jiibins. the aea who with jjbi toa Jobs rardaalswpportomof Ibis Djm e far Jbg lav tbtag is eoacaraad all this was done jeam age.. ,TaeDsmoeratie party ia as b iiwpeiaar'lt tor tbem to-oay aa aver; aea eslar aa tbe gspebiisea pesey w eosmaneo tney ere ail done before tt was esiled is existeaes. Macb applaasa 1 1 i cr, -r..j t- . Bat becaess we are ia nivor ef exeladlag Slavery from tbe Territavwasrflmmd tha. we are ia bwsfwiiw r. 1 perh pre t TZnZTmTf ..itiaar amverr ateaa t?e s; everw tbaTecparry