The Montrose Democrat. (Montrose, Pa.) 1849-1876, July 09, 1857, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    ~~~, .
safiollitni ic:
,6trritsons, VreOrittqts.
Remarks of Tho Bon. Stephen A.
Douglas.
DELIVERED 1N - THE STATE /101.75 E SPRINGFIELD,
ILLINOIS, ON TUE i2TII JUNE, 1857.
MR. PRESIDENT, Ladies and Gentlemen I
appear before you to night at the request-of
the Grana Jury in \ attendance upon the Uni•
ted Stites Court , for the purpose of submit•
ling my views upon -`certaiti .topics upon
which they have expressed a desire to hear
my opinion. It was not, my purpose when I
arrived here among you, to have engaged in
any public or political discuision at when
balled npon'hy a 'body
,of men so intelligent
and respectable, coming froM all parts of the
State, and connected with the administration
of public justice, Ido not feel at liberty to
withhold a full and frank expression of my
op i n i on upon the cut jects to which they
have refetred, and which now engross so
large a share of the public attention.
The points which I am requested to discuss
are :
Ist. The present condition and prospects
of-Kansas.
ed.'Th e principles, affirmed by the St-
Prone Court of the - United States in the Dred
Scott ease.
The condition of things in Utah, and
ebe appropriate remedies for existing e x il e
'Of the Kansae, , questien but-little need be
'raid at the present trine. You are familiar
with the history of the Tiestion and myten
teetion whir it. - - Subsea ueet reflection has
strengt h ene d and confirmed my 'convictions'
in the soundness of the principle on which I,
acted, and the correctness, of the cOurse.l
have feltit my duty to pu r s ue u p on t h ot - sq b,
ject. • Kansas is -about to speak for herself
through her delegates assen/Med m Coma).
tiort -to form a Consti it) I ion. preparatory to_
her admission into -the Leifer on an equal
footing with the original States,. Peace and
prosperity now, prevail throusehout her bor
ders. The law. under Which' -her delegates
are about to be elected is believed to be- just
and fair in all its objects and provisious,—
There is -evt•ry reaspn to hope and believe
that the law will he fairly interpreted and
impartially eeecute i, so as to insure to every
bonafide inhabitant I:Arr free and quiet exer- -
, eise of the elective franchise: If any. portion
-of the inhabitants, acting under the advice
'of political lender-it' in distant States, shall
'choose to tilesee:; theinselyes frond the polls,'
and withhold- their votes, With a view of leav
ire; the Free State Desioerais in a minority,
and thuS secure a pro-shover' Constitution in
opposition to the wishes of ilmajority of the
. p e ople living under it,- 4 -let the responsibility
rest on those, who fOr partisan purposes, will
sacrifice the principles they proles' to cherish
and promote.. Upon them end Upon the po
litical party for whose benefit, and tinder the ,
direction of whose leaders` then act, let the
blame be visited, fOi- fastening upon the peo
ple of a new State, inetitatio t tis repugnant to
their feelings and in violation of their ish
es. The organic. act secures to the people of
Kansas' e sole and exclusive igke ofefeez,
ing and regulating their dianfestictilistrthars
•to suit themselves, subjeet to no' other
tation than that which•the'Constittatien of the
United States imposes. -
The Democratic: . party is",-eleterreiyael . to
see the great fundamental principles of the .
'organic act carried otit in good faith. The
present election law in Eansac is ark-nowt
edeed to be fair and just—the rights of the vo
ters are clearly defined—acid the exercise of.
those rights will be efficiently and 'scrape
lously protected. •Flence, if the majorit y - of
the people of,Kansas. desire. to have it a free
State (and we are told by the Republican
party that nip tenths of the people of that
Territory are free State men.) there is no ob- -
stacle in the war of bringiow Kansas into the
Uni6si as'a free State, by the votes and voice
of her own'people, and in conformity with
'the great principles of the Kansas-Nebraska
act—provided all the free State men will go
to the polls and rote . their
.principles in ac
cordance with their professions. • If such is
not the result let the consequence be yisited
upon the beads of these whose policy it is to
produce strife, anarchy and bloodshed in
Kansas that their party may profit by alaiery
agitation in theeNoriliein States' of this Un
ion., That the Dernnernts in 'Kansas will per
form their duty; fearlessly and nark, skew.-
-ding to the princielles they . che'.ii.sb, I hare
no doubt, and that the result of the struggle
wi!l be such as Will gladden the heart and
strengthen the hopes of every friene, of the
I-won, I have entire confidence.
The KanSes question being settled peace
fully and satisfaetorily, in accordance with-
-the wishes of her own people, slavery agita-,
• tin should he banished from. the halls of
• ri:ungress and cease to be an existing element
our political struggles, r Give fair- play to
that principle of self government which roc-
Ogrl:Zi!S the right of the people of each State .
and Territory. to form and regulate their own
domestic. institutions, and sectional strife will
he forced to give place to that fraternal feel
it which enimated the Fathers of the Revo
lution, and made eve' citizen-of ererr Stare
ct this glorious Confederacy a member' of a
common brotherhood,
That we are steadily and-rapidly approach
ing that resnit.,l eartnet doubt, for the sin
very issue has already dwindled dori.n into
the narrow Ernitscovered hr the deeiSion - of;
the Supreme Court of the United States in --
the Dr'ed Scott ease. The moment that de
cision was prononnced, and before the opiw
i on of the Court could be. published - and
-read by the people, the newerraper press in
the interest of a powery political' party Or
tiris country, began to liftir forth torrents of
abuse and tuisrepreeeetthions, not mill upon
the decision, but upon-tilt; 'character and too -.
tire, of the venerable Chief JUstice and his
hiustrioun associates ureirn the bench.
The character of Chief Justice Taney and •
Assoeiate Judges - who concurred - will; him, .
require us' euloore-to vindication from me.
They are ends ;a err, thee-rittt4Tsui
ted States by tbeireminent pubtm ee .
v - enerated for' their great learning, wisdom
rind experienceand beloved for the.spotless
purity of their characters, and their- exempla-•t
my lives. The poisonous elniftee of -partisan
malice will fall harmless at their -feet, while
their judicial decisions will stand-in all-future"
-time a proud monument to their -greatness; ,
the admiration of the good and irise.,' - -04:,ft e
rebuke to the partisans of faction w
less violence. If, unfortunately, any - -considr.
- 'treble portion of the people.. 'of tbeetrniteet
States shall se far forget their, obligations - 10
society as to allow the - partisan leaders - lo.sre
Sir itketa violent resistance to the 162,1-4e
i
riot of the, 'highest jtidtrisl ttibn on
earth, it will become the duty Wall the
friends of order and constitutional govern
ment, without , reference to past political dif
ferences, to organize themselves and marshal
their forces under the glorious banner • of the
Union, in vindication of the Constitution and
the supremacy of laws over the advocates
of faction and the 'champions of • violence.
' To preserve the COnstitution inviolate . , and
vindicate the supremacy of the laws, is tirC
first and highest aluty•of every citizen of a
free nepublic. •
The peculiar merit of our form of .govern ,
'mint over all others, consists in the fact that
the law, instead of the arbitrary will of a he
reditary Prince, prescribes, defines and pro
tects all our rights. In this country the law.
is the will of the people, embodied and ex
pressed according to the forms of the Consti- .
tution. The Courts are ,the tribunals pre
scribed by the Constitution, and created by
the authority of the neoplei to determine, ex
pound and enforce the law. Hence, Whoev
er resists the final decision of the highest ju
dicial tribunal, aims a deadly blow at our
whole republican systein of Government—a
blow,.which, if successful, would place all
our rights and liberties at the mercy of pas :
sion, anarchy and-violence. ' I repeat, there
fore, that if resistance to the decision of the
•
Supreme Court of the United States, in a
Matter like the points decided in the Died
Scott ease, clearly within their jorisdictien
es 'defined by the-Constitution, strait be fore
•ed upon the ooniory as a political issue, it
beenine a distinct and naked issuete
ween the friends and the enemies of the
Constitution-0y friends anal the 'ent , irnies of
thesupiemacy the laws.
The ease of Died :Scott was -- ail action ('t
trespass, vi the Circuit Court Of
the United States flir 'he District of Missouri.
for the purpiais of estsil'lishing Lie . claiza to
be a fiee m•zn, and was taken by a . writ o f
error on ,the application of Scott to the Su
preme Ceti oftlie United States, where the
,
final cosies on was pronounced by chief Jll5-
tim Taney. The is of the case were agr,sef
upcn and admitted to be true by both parties
and were in substance, that Dred Scott was
a negro slave in Mis . souti'; that he went
with his master who was .an officer of the
. .
arniv, io Fort Armstrong,. on Rock Island;
and thence to Fort - Snelling, on the west bank
of the Mississippi jiver, and within the coun
tiv cowed by the act of Congress known as
the-Missburi Cornprotnise, and thence lie Te-
SCCOlllpllieil •• •11 . ttilas - ter to the state of Miss
sour;, where be has since remained-a slave.—
Upon this sltement of facts two important
and material, questions arose, besides several
incidents) and minor ones, which it was in
cumbent upon the Court to take notice of
and decide, The Court did not attempt to
avoid responsibility by disposing of the case
upon -technical points without touching the
merits, nor did th'ey go out of their war to
_decide questions riot - properly before theta
and directly presented by the record. Like
honest and Conscientious Juir i As they are,
they met, and : decided eachlnt:lS it. arose,
find faithfuldc performed their Whole duty,
and nothing but their duty to the country,liv
deterininini-all the qUestions in the case, acd•
outbidg but what was essential to the decis
ion of the cese upan its merits,
The Slate Courts of Missouri had decided
against Died Scott, and declari3d • him, tnd
his children slaves, and the CircJit Court of
the United States for the District of Missou
ri had decided the same thing in this very
case s which had thus been removed to the
Supreme Court of the United States bt Scott,
with the hope of reversing the decision of the
Circuit Court and securing his freedom. • If
the Supreme Court had dismissed the writ
of-error fur 'want of jurisdiction, without first
examining into and deeiiiine• the merits of
the ease, as they are now denounced and
&hosed for nit having done, the result would
have been to remand .bred 'S.eott and - his
children to perpetual slavery ender the decis
ions which had already been pronounced by
the Supreme Court of Missouri, as well by
the Circuit Court of the United States,' with
opt. obtaining a decision on the. merits of his
case by the Supreme Court of the United
States. Buppose Chief Justice Taney and
his associates_had thus remanded Dred Scott
and his childien back to slavery on a plea in
abatement or any mere, teolcal point not
touching the merits of the'iltiesrtoh,and with
' out deciding. Whether. under the constitution,
and laws, as applied to the. facts of the case,
bred Scott w,as a free man ors slave, would
they have not been denounced with increased
virulence and bitterness, on the cbarp of
- having -remanded bred Scutt to perpetual
wit) oat first examining the merleof
•
his ease and ascertaining whether be .was a•
slave Or not ? r
If the ease had been disposed of in that
anti=, who eao doubt that such would have
been the chstnc:er of the denunciations
which would hVre been hurled upon the de
voted heads of the-e , illustrious jud r fes,.with
much rnote plausibility and show. d fairness
than they are now denounced for laving de
cided the case fairi . and honestly upon its
tuelits
The material and contraing point% in the
case--Tho , e which hare been made the sub
ject of tinmea-ured abuse and dettuaciation,
) „„ v _b t . thug ..,tated-: '
ist. - The court decided that under thiCon
stitulion. of the United States a neglo de
scended from stare Barents is not and,i.%nnot
be a citizen of the 'United States.
2d. That the act of the gth of iilai-h. 18-
20, cotnmonly called the - Missouri /Compro
mise act, rm.: uncon , titutional an. void be
fore it was repealed by the Nebra. , a act i and
consequentlY 'did not and coul not bare
tbelegal effect of extingeishinga master's
right to his slate in that _Territcry. ' While
the right continues in •full foro • wider the
guarilktees of the Constitution, , and cannot
be divested or alienated by an:" act _ of Con
gress, it necessarily remains a barren and a
rorthlesi right, onle.s
,so4l.4ned, protectid
tiOni:stlid• tottit-hl-poroprigLPotice . rep's
quine remedies for its vio f‘Pacribiorp._ swi g .
ulations and remedies • t necessarily de
pend entirely upon t Still - an.l svishes - :of
the people of the ritorY as "hey can
only be presr.ribed
ver:rith:eceiptlre.:lotab;:lolegtypiuta
reigntv and w i mown 5 sustained.
- t :u " ti li Zly en es c t e a t b h li e s g bY
the AU o o f
Thus it appek t the kinlv . sin' involved
this heeision. ' '
:'consists i sta i t b u 6 4. P b 7 in tlie k -- f° , if s:1111 C o l 11
4 8n removed.t
reiv 1,: Nebraska
tia! ra i
e i act,t
es
\
thatittiur ii l d e Cot efittition of the Mill.'
Xll
KWE ABE ALL EQUAL BEFORE GOD AW THE CONSTITIUTIO2i. 3I -Ihunes Buchanan,
entrust, cSitsgitqn
ted States, and void because vassed - without
constitutional authority, and "substituted ip
I heu of it that_ great fundamental principle
self government which recognizes the right
of the people of each State and Territory to
form and regulate their daimestic institutions
' and internal affairs to spit themseh es in ac
cordance with the Constitution. [Apphiusel
The wisdom and propriety-of' the measure
'have been stistained by. the decision of the
highest judicial tribunal on earth,
and rati
ii44 and approved by the voice of the Ameri
can people in the election :ofJanies Buchan
an to the Prpsidency of the United States
upe i p that naked and distinct issue. lam
willing to rest: the - vindication of the measure
and my action in connection with it upon
that decision and that c'erdict of the Ameri
can people. Prnmenst applause}
Passing from this, I will proceed to the
discussion of the iriaiti proposition decided
by the Court, which is, that under the Con
stitution Of the United States a negro descen
ded from slave parents imported from Africa
is not and cannot - be a 'citizen. tittle Uni:ed
States.
We ate told by the leadtg of the ".-1;e
-publican" or Abolition patty that-this prqo
sition is cruel, inhuman and infanions, and
ihould not he respteted nor obeytd by any
good .citizen. In what d o es the objecti“u
consist ? Whetein is the
.crueltv, the inhu
manity, the infamy It is supposed to i..n
sist in depriving the negro of eitizoz,hip, and
bur:segue:A.ly excluding hitn from the exerci,[e
of those tight, and pit ileifes w h ich a te en
jOyod in common, and ou term; of entice
equality, b' all American- citizens, %%ltether
native horn or naturalized. They- quote the
Declaration of Independence which- says :
" T 1 c hoPrthc. , :e iruft..p sqicei d rill Mat
nicri ircre rrca 14:d (qua!,' and' 113-i , it that this
languag,e . referred to`and in:entied to in
clude n e groef. a _s well as while men; that it was
nut intended to aN)y only t o th e v:Lit dote.
but that it included the ne, , r,,-es and
inferior race, , „ and placed - thorn on n footing
of entire and absolute equality with white
men, and that the batties.of the llevolution
were fought iu defense of the principle, and
the kundatiens of this ghirious IZrpublie
were firmly )slanted on the immovable •ha.;is
of the perfect equality of the races: Pence
they argue that acy law or regnhvi,n,wi.e:h-
er under the au:hotitv of the State gone:
went or that Of the United S:ate,, in viol
ton of this finniaMental principle of ne! ... -, ro
1 equality with winte men, is not only cruel tit
-1 human ard infamous, . but is sui,versave of
theloondations of the Government itsc!f,,and
thertre ought not to be respected,or obeyed
I by any good ciizer• ;
} If We grant the truth-of their premises it
world be vain to resist the Luce et their re*
souing or the 6,rteetness of their concha.ions.
Indeed. we wott",11) (3 corni.elled; as honest
men, to acktiowlcdge and adopt ttre principle I
1 and carry it out in gontl•faitli in a!! our politi- i
cal action, by modifying . or rejnatill,...atryje- I
l dal and constitutional KOVTralnu -iin - -: elYnrct i
with that principle. Let' us eiathine amid I
Fee what changes this piincif,le would require I
in the Constitution and laws of this State :,s I
i
well as of - *.3 - ,e United States. Of course - it 1
Iwould instantly emancipate.and set at . fiber
. ty every slave in any State of this Uniou.and I
lin:every other place under the American flag. 1
and within the jurisdiction of the Federal 1
Conoitution. Slavery being abolished, • the l
same Principle would compel us to sink.? I
from the Constitution of Illinois the clause I
which denies.to a negro, whether free or l
I slave; the right to come and lire among- us,,
,i and in lieu of it to open the door for the-three I
millions of emancipated slaves to enter and !
: beemne citizens on an equality with ourselves. I
lThe principle would compel us to st•ike the 1
word t• white" out or ;our Constitution, and I
i of
course control US at the polls when I
they. hecarue a majority. The same pi:nci- I
I ple would 'compel us to change the Constitu-1
Inon ,-o as to render a negroelicrible to the ;
Legislature, to. the llencloct the Govern, irshi ;,, I
1 to Congress, to the Presideney.and to all oth
er
places of honer, profit of trust, on an equal 1
footing with white men. . .
. .
When all these things Shall hare been
done, and the principle - of negro equality
shall have been carried out to this extent.
the requiretnents of the Declaration of
Indepentient-e wiil - uot have been satisfied, if
it really means what the "RepUblicatt" or
Abolition party ;r.Nert, it 4oes man in de
c.laring,that,a negro wa; oreated.bv the Al
mighty equtd to the white man: if their in
terpretation of the Declaration of Indepen
dence be correct, and the principle of Oezro
equality. be true, ati suppri.ed by the ippo
vents. cf the Drell Ei ct o.t v.-e
certainly be compelled, as con=eientious and
Just meti, to go one step further—repeal all
- laws making arty dis:inction r.oltates - er,cti
account of race and color, and authorize ne
grves to warty white women on an equftlity
with white men. Urnmenso cheering.} •
When the - Republican" of Abolition par
ty shall have jonc 411 tircsr
have carried into practical t,peration tlie
Deeiaration of Independence as they miller
stand it, they will have laid the foundation
for their organized tppsition to NO much
the derision of the Dred Scott case a 4 de
elarea that a negao is not a citizen 'of.the
tailed ! , ,tate.s. [Great applause.]
If on the ot;utrary the opponents of the
bred Scutt decision refusu to carry' out
their views of the DeclarAtion of Indepen
dence and negro citizenship, by conferring
upon' the African race all the rights, privi
leges and immunities of i-itizenAllip, the same
as they are now Or should be enjoyed by the
white, how will they iindtcate the integrity
of their mO:ives and the sincerity of. their
profesAon l If the negro is equal to the white
man, and was thus created tiy the Almighty,
what right have they or we to reduce him to
a condition Of inequality,lov deriving to Firn
the privilege of voting, holding oince, marry
ing the woman of hie choice, in short, with
holding from him all political-rights and
consigning him to political slavery? Per
'
stailOoffihs ta ; Tarr iftEsTifetroii e nti p o int
the, leaders of the "Republican" or Abolition
some
e y
o i of
the tb e Le s tr w i s I aEttinregi
and
St e a w t
O Y , o a r u k d, an
in-
deed,
deed, In Wisconsin and such other States as
they think public -aentimeot is pr e par e d f or
the measure,
hare recently taken the prelim
inaryrespoot s io t v epe s to tates t
amend
as w
ndthet;oalislosw negro
to
titution of their vote
p a ri nd vil h ei ol e d i offl or c e e i , ti rad s -c r joz n tan e h l e a r ! ig i- rights and "
witb-aehite men; - .
These ma - eine - nue baye been initiated in
time Stattes4tot4 will eoou follow ;mothers,
11Pr
I kti
(ountii, peititta, CrAjars4ail
,4,1111 . 1 41, 1857.
upon the ground that the "Republican"
party was bound, and pledged by its cres
and its proftrssions, as proclaimed from tlit
pulpit, from the stump, and through
newspaper press, to tarry out the Declaration
of Independence as they profess to understand
it, by placing the negro on an equality with
the white man in-all those States where thee
carried the Presidential 'election last Fall, and
secured the absolute control. of all the de
partments of State government. It is not - lo
be presumed that any step for changing the
Constitution of Illinois DO as to tonfer the
rights and privileges of citizenship upon ne
gioes will be taken until after the neat elec
tion, nor will any such purposes be openly
avowed, but, on the contrary, in the central
and southern portions of the Stateit will be
stoutly denied, at the same time that all their
orators, lecturers, and papers will continue to
quote the Deelaraticar , of Ind-of:endeuee to
prove that the Almighty created*zt negro
equal to the white man, and consequently be
has a divine right to enjoy-all:the privileges
of the white man, and that all human laws
in conflict with that divine right must yield
and give place to the " higher law."
The time -has ,not arrived when it is deemed
ps ud en t by the leaders t the" Republican"
party in this State to make a frank and hon
est confession of faith and proclaim it tr, the
world in tones that can ba heard and lan
gu7;gk; that can be understood to mean the
,ame thing in all portions'of the State. Rat
st long . g a- the quote the declaration of In
_dependunee to prove that a negro. was created
eiloal to a white titan, we have no excuse for
crosimz—our eyes and professing igndrance of
'mend to do, so soon as they get
how shallow is the pretense th:rt
tbe Declaration Independenet , Lad refer
ence tr,, or inc!inied die negro race when it
dee!ared men err:l4.d is only nee
es.stoy :eft!: to a few . iikturieal - facts, re
cot ii• t: (nu r•ci.oo!
On JuIN-, i77G, when the. De
chi:at:ton of Independ.mce wt..s promulgated to
the worid, Afriertu slavery exi,ted in each
~L e of the thirteen Colonies. Every signer
of the I .._.c:aration of Independence was elect
ed and repro-tinted a slaveholding constit
uency. Every battle of the I:evolution, from
1101 to Mugs Moun
t:ru and Yo!ktown, wa.s fought in a slave
hoNiing State.
The.tre.tty of peace avizr.owledging and
c ,, nfirrning the isa. •r of the United
States waA wade and. g, ed on behalf of
Great I: , :itain of the one part and of the thir
teen slat - tholding gates on the other. .
The Constitution of the United States un
der. wilich we now live so happily and have
,trrown so Brest and powerful, and which we
p ro f, : s 4 . s to cLe:itili had veLerate,was formed,
:i•inptel and pa; into ope - r:ktion by the people
of twelve slareholding , St4lffos !Ind one free
Ss!ate, slat - err baring disapt* . ared (rcial
sacl.tisett, about timt -o:nottieer
- :ion of the great. fuudamental principl# of
se;f•governmeuf, ti hick recognizes • she
of each- Stare and Colixiy to regulate its ()tin'
domestic and I^cal affairs.
In view of the:e incontrovertible facts, can
any sane man believe that the signers of the
Declaration -of Independence, and the heroes
who fought the battles of the Revolution, and
the who laid the foundation of our
complex" system of Federal nut! State r govern-
Ments, intended to place the negro race on
an equal footing " with the white race! tf
such had ken their purpose, ;vault] they not
have abolished slavery and converted •every
negro into a citizen on the day on which they
put forth the Declaration of Independence?
Did they do .it? Did any of the' thiiteet.
States abolish slavery=—much less place the ne
t,ro on au equaliiy ail)/ the white - man (luring
' the.4,,( 4 .5e Ilevolutionary struggle.? History
lec4 - .ru's ?he emphatic answer, Nsr. Not one
of t h,i or i : ,-i na l States abl,lished slavery during
the Revoltiti-tn, nor has :tiny one of them, at
any time since exiendcd to the African race
all the rights and privileges of eitizinsliip on
teens of entire eqattlity with the white man.
No one can vindicate the character, motives
and conduct of the signers of the Declara
tion of independence, except upon the hy7
potbesis that they referred to the white race
alone, and not to th e Af r i ca n, when they-de
clued all men to hay, been created equal--=
that th e y - . wore speaking of British subjects
-on this continent being equal 16 13ritisb sub
jects born and residing in Great Britain—
that•they were entitled to the same inaliena
ble rights, and among them atemenumerated
life, liberty, and the pursuit of 'happiness..
Timpeclaration . was adopted \ for the; purpose
Of justifying the colonists in the eves.of the
cri - ilized world in withdrawing their alle
giance from the Brithh crown, and dissolving
their connection with the- mother country.
1 1 , point of view the neclaration of Inde
pentlenee is in perfect harmony with the
events of - tiro Rev,dution, and the line of
policy pursued Wider the Articles of Cgrifed
0.„.,......, pitnetiae. rank/die and
e;tablisl.ed in the fAeral Constitution. The
history of the times clearly shows that the ne
.
g,roes were regarded a
as ninferior race, w h o ;
la all ages, and in every part of the globe,
and under the. [mist favorable cireurnstances,
had shown themslyes incapable of self-gov
ernment, and con,ep.ently under the protec
tion of those who were capable of providing
f6r and protecting them in the exercise of all
the rights . they were capable of enjoying, con-,
sistent with the good and safety of AlCietV.
It Cal this principle that in all civilized
and christian countries the . government
provides for the protection cf the inane, the
lunatic, the idiotic, and all other unfiirtunates
Who are ince . inpeient to take care (k r ,
them
selves. It dues net follow by any mans that
beca.rnse, the negro race are incapable of gey- 1
einiiig themselves, that therefore they should
bei;otnesslaves and he treated as sunlil The
safe 'rule upon that subject I apprelind to
be this,that the African race - should b 4 allow
ed to exercise all the rights and privileges:which
they are capable of enjoying cousistak with
th e wewo=e of the community to wbi they
reside; and t‘ A t under our form of rein
runt the people of each State and Territory
must be allowed to determine for the selves
the nature and extent of those, psi legea.
[4.pplanse.)
. Tie 'whole liistory.af our country early
shows that our fathers acted .on this inci;
"ple, not only in piomulgation of the DeVilns.:.
-lion of independence, but in laying th e bi n i.
dationa and erecting the soperstructeea of
our complex
_system of Federal . and sate
Governments:' "Whoe‘ vetwill take
the flans
to exatnitte the journals. tf the Conticestal
Congress. will' find. tfritf nearly every
before it would authorize its delegates. to as
kew. to a Declaration of Independence, placed
on record an express condition, reserving to
itself the sole and exclusive right of regulat
ing its own internal affairs and domestic con
cerns, and local police, without the interfer
ence of the General Congress, or of any other
State or eolony: The battles of • the Revolu
tion were all fought in defense of this princi
ple, and the Constitution of the United States
was formed and 'adopted for the purpose - of
perpetuating it in • all time to come ; at: the
same time it combined all Abe people of the
Union in one confederacy - with certain' speci
fied and limited powers for the cowmen de
-1 feuse and general welfare. • . -
Under this systeni of Goverument the rights
and privileges of the African race, remain
precisely as they were when the Constitution
of the United States was adopted, -dependent
entirely upon the local legislation and policy,
of the several ,States' where they may ,be
found. In my opinion; the policy oflllinois
bas been - a wise . and just one in regard to this
race, and ought to be continued, only making,
such changes . froth time to, tithe as experience
shall prove to be just And necessary. While
Illinois bad the undoubted right, under-the
o.).ustitution of. the . United States, to adopt
and persevere in this line of policy, Virginia
and each other State has a right equally clear
and undeniable to pursue a , line of policy,
on the same, subject, directly the reverse of
ours, and we have no more right to complain
or interfere with the local and domestic con
cons of other States and Ter ritories..than
they have with ours. [Applause.]
The founders of Government did not deem 1
it possible, nor desire if practicable, to
maintain entire uniformity in local legislation
and 'domestic institutions •of the different
States, and fur this reason each State was al
lowed a separate and distinct Legislature,
with full powers over all internal and local
concerns, in order that each might-shape and
vary its internal policy, anh. adapt it to the
circumstances ' wishes and interests of its
own people. While there was a diversity of
opinion in regard to the extent of the rights
and privileges -which could be safely entrust- 1
ed to the African race in the different... States,
they all repudiated the doctrine of the equali
ty of the white and black races, and concur
red iu that line of policy which would pre;
serve the parity of each", and prevent any
species of amalgamation. political, Social or
domestic. They had Witnessed the sad and
melancholy restilts of the miebre of the races
in Mexico, South America and Central Amer
ica, and Where -the Spanish from motives of
policy, had admitted the negro and 'other in
&trier races to •citizenship, -and consequently,
to political and social amalgamation. The
demoralization and : degiadatiou which pre
vailed in the Spani4 and French colonies,
where,no distinction .on account of color or
riehe were tolerated, operated as warning to
otir...Bevolutionary fathers to preserve the pu
iiii-tit-;the white race, and to esial.lish tifa.
political,social and domestic institution: upon"
such a , basis as would forever exclude the
idea ofttegro citizenship-and negro equality.
[Applause.]
They understood that great natural law
which declare: that amalgamation between
superior. races brings their posterity down to
die lower level of the inferior, but never ele
vates them to . the high level of the superior
race. I appeal to each of those gallant-young
rust' before me. who won immortal glory on
the bloody -fields of - - Mexico, in vinilicatiOn
of their country's rights and honor, whether
their inforthation and observation in that
'country does fully sustain. the . truth of
the proposition that amalgamation is degrad
ing, demorilizing, disease and. death i is it
true. - that the negro Is our equal -and our
brother? -The history 'of the times clearly
shows that our fathers did not regard the nc-•
gro race as any kin to them, and determined
so to lay the foundations:of society and gov
ernment that they should never be of any kin
to their posterity., [lmmense applause.]
But when you confer upon the- African
race the - privileges 'of • citizenshin,- and put
them upon an equality with white men at
the polls, in-the jury box, on the beech, in the
executive chair, and in the councils
. of th e .
nation, upon what principle - will you deny
their equality at the festive board and in-the
domestid . circle.?
The Supreme 'Court of the United States
has decided that under the Constitution, a
negro is not and cannot be a citizen.
i The." Republican" or Abolition party pro
nounce,that decision cruel, inhuman and in famous, and appeal to the American people
to disregard and refuse to obey it. Let us
I, juin is , sue with l them and put ourselves upon
1 the country for trial. [Cheer^ and applause.]
1 Mr. President, I will now respond to the
call which has been made upon me for my
Opinion of the cot.ditions of things in Utah,
iawl the appropriate remedy for existing evils.
The Territory of Utah was organized under
OW. or ,1,.. ..,.,; L"...- - ~,v compromrse
measures of 1850, on the suppthdtion that the
inhabitants were American citizens, owning
and acknowledging allegiance to the United
States, and cow-quer:ay entitled to the bene
fits of self government while a Territory, and
to admission into the Union on an equal
footing with the original States so soon as
they should number the requit.ite population.
It' was conceded on all bands, and by all
parties, that the pec9liarities of their religious
faith and ceremonies interposed no valid and
constitutional of jection to their reception in
to the Union, in conformity with the Federal
Constitution, so long as they were in all other
respects entitled to admission. Hence the
great political,parties of the country indorsed
and approved the compromise measures of
1850, including. the' act for the organization
of the Territory of Utah, with the hone and
in the confidence that the inhabitants would
conform to the Constitution and laws; and
prove themselves worthy, respectable and law;
abiding citizens. If we are permitted to place
'credence in the rumors and reports from that
country, (and it lutist be admitted that they
have increased and strengthened and scutle.
ed consistency and - plausibility by each suc - -
ceeding,mail,) seven year's experience has
disclosed a state of facts entire!? . different
from - that which was supposed: to exist
when Utah was organized. These rumors
and reports would seem to justify file belie
that the following facts are susceptible of
ptoof :
let: That nine.tenths orthe inhabitabta
are aliens by birth, who- hate refused to be:
come naturalized, or to take the oath
.if al.
legianee, or to do any other act .recoguizirig
,the Government of the United States as.the
paramount authority in that Territory.
ET i a
2d. That all the inhabitants, :whether na
tive or alien born, known as, Mormons, - (and
they constitute the whole people of the Ter
ritory,) are bound by horrid oaths and terri
ble penalties to recognize and maintain the
authority of Brigham Young And the Gower n
ment of which he is the head, u „paramount
to that of the United States, in e:vil as well
as religions affairs ; and that they will, in
due time, and under the direction; of their
leaders, use all means in their power to sub
vert the Government of the United State 3.
and resist its authority. •
3d. That the Mormon Goverment,
.with
Brigham Young at its head, is now forming
alliances with the Indian Tribes of Utah and
adjoining Territories—stimulating the Indi
ans to acts of hostility—and organizing
binds of his own followers nnder the name of
"Danites or Destroying Angels," to prose
cute a system of robbery and, murder upon'
American oitizens4irbo support the, authori
ty of the United States, sod denounce the
infliriou's and disgusting practices and .insti
tutions of the Mormon Government.
= If, upon a full investigation, these repre
sentations shall : prove true, they will establish
the fact that the inhabitants Utab, as a
community, are outlawa and alien enemies,
unfit to exercise the right of self-rtoyerament
'under the organic actand unworti3y.to-bead
' witted into the Union as a` State, when the
Only object in seeking admission is to • inter
.pose the sovereignty-of the State,.assn invis
ible shield to protect them in their treason
and crime, dqbauchery and, infamy. lAp-'
?Nese] •
Under this - view - of the subject, I think it
is the duty
.of the President, as I have no
doubt it is his fixed purpose to remove Brig 7;
ham Young and all his followers from office,
and to fill their places with . bold, able. and
true men,and to - causes thorough andseareh
ing investigation into all
. the , crimes and
enormities which are alleged to be perpetra
ted daily in that Territory, under the (brae-.
*lion of I3rig,barn Yuungarid-his confederates,
s.nd to use all the military force neces.iary • to
protect the officers in the discharge :of• their
duties, and to enforce the laws of the land.—
[A pplatisal
When the authentic eVidonce shall - arrive;
if it shall -- establish the facts-which are be
lieved to exist. it will kecome the duty of
-Congress to apply the k4ife and cut out the
loathsome, digusting ulcer. [Applause] :,No
temporizing' policy—no half-wly 'measure .
will then answer. It hii.S been supposed t- by
those who have not thought deeply .upon-the
subject, that an act of Congress prohibiting
murder, robbery, polygamy and other criuies
with appropriate penalties for these 'offences,
would afford adequateletiaedies for • ail the
enormities complained of. Suppose -such a
law to be on the statute book, and I believe
they 'have a criminal code, providing the-usu
al punishments for the entire catalogue of
crimes, according to the usages of the cival,
ized,-aud christian countries, with the 'excep
tiou of polygamy, which Is practiced under,
the sanction of the Maranon Church but I
neither prohibited nor authorized by the laWs
of the Territory.
Suppose, Lropeat, that 'Con:iress should
pass a law prescribing a criminal code and
puni%hing polygamy among other offiruces,
what effect would ri have—wlit good would
it dol Would you call, on twenty-thiee
grand jurvinen with twenty-three wiies each,
to find a bill of indictment against, a poor
miserable wretch for having two wi-ies?—.
[Cheers and laughter.] Would )ou rely up
on twelve petit jurors with twelve wires each
to convict the same loathsome wretch for
having two wives [Continued applause.]—
'Would-you expect a grand jury coroposed of
twenty-three " Danite;" to find a bill of: in
dicturect against a brother" Danite" for hav
ing murdered a Gentile, as they 'eat' all
American citizens, under their direction
?---
Much less would von expect a jury ottwelve
"destroying airgers" to find another" destroy
ing angel" guilty of the crime of murder,and
cause him to be hanged for no other offence
thah that of taking the life of a Gentile !
No. If there is any truth in the" reports we
receive from Utah, Congress may pass •what
laws it chooses; but you can never refs , upon
the local tribunals and juries to punish crimes
committed by Mormons in that TerritorYZ—
Some other and more effectual remedy must
be devised and applied. In my opinion the
first step should be the absolute and uncondi
tional repeal of the organic act—blotting the
territorial government out ofexiAenee—upon
the ground tsar they are alien enemies ard
outlaws, oenying their atiegiance and defy
ing the authority of the United States. [lm-,
rousse applause.] •
Ttie territorial government once abolished,
the country Would revert to its priniitive con
ditionprior to the act of 1850, " under the
sole and exclusive jurisdiction of the United
States," and should be placed 'under the, ope
ration of the . act 'of Congress of the :10113 of
April, 1700, and the various acts stippletnen-
Lary thereto and anaendatory. thereof, "-pro
viding'for the punishment of crimes against
the United„States within any' fort, arsenal,
dockyard, magazine, or any other place . or
district of country, under the sole and exclu
sive jurisdiction of the United States." All
offences against the provisions of these acts
are required by law to be tried and punished
by the United States tenni in the States or
Territories where the offenders shall be "sins?
ArpaIiENTILD POR TRIAL"—
Thus it will be seen that under the plan pro
posed, Brigham Young and his confe&rates
could be "apprehended and brought for trial"
to lowa and Missouri, California or Oregon,
Or to unrother adjacent State or Territory,
where a fair trial Could be had, -and_ justice
administered impartially—where the witness
could be protected and the judgement of thy
court could• be,earried into execution; with
outviotation or intimidation: I-do not pro
pose to introduce any new principle into our
jurisprudence, nor to change the modes of
proceeding or the rules of practiCe in our
courts. I only propose to plane the district
of our country embraced within the Territo
ry of Utah Ander the opottion of the same
_laws and rules of proeng,, that. Katmai,
Nebraska; Minnesota
they
other territories
were plated heroin they bee tine organized ter-:
ritoriee. The whole country embraced witlt- -
in those territories was under the operation of
thst same system of laws and the offences
committed within the same wete punished in .
themanner now proposed, so long as the
Country nsmained " - under &sole and eiclu
sire-jurisdiction of the 'United States," bat
the moment, thsoonntry was organized into
territorial oovermunta, with - legitimate, oxen
utive aid judicial departments, it Ceased to
MMIN(E
FEIM
Volumt 14,
be under the sole and el
of the United States wit.
the act of Congress; for t
passed under another an.
tion. Bence, if we abol
golerbroent of Utsih, pr
rights, and glace the eon
and exclusive juristlicti
States, offenders can be
brought into•ibe adjacent
ries for punishment, in th
under the same roles aid
obtained and have been u
finder like circistastances,
'i If the flee 'proposed be
and adequate remedy for
ed of in Utah, no one, no
political creedor partizan
be apprehensive that it .wi
ished theory oriconstituti!
to the government of the
great mistake to suppose
ry or land 'belongiog to
niudt necessarily , be gayer
laws and wider the same
siltation, without reference
whic - 11 it.is dedicated or th
proposed to mace of it,'wh
of country which is or steal
beCome new- States, mint 14
erred under and consistent 1
the Constitution, Which auhorizes Co - Ogress
to admit new Stitta e lt 4 i ! let (OitOir that
other territory, not intend ... to. be crganized
and admitted into the Uni.n of States, , mtiet
. be governedunder the Salo • - of. ;
Coustitution,`with all the r ghts Of self goy
m .
einent, and State equality: fori , nstance .if .
we should,purchase Vince tnee Itiland - fretri.
Great Britain, fez; the purpo e of reloeVingall
the Italians front our. Pacig territorieS-4rd
locating them ee that Islan as their..Orate
r.ent borne ' with guaranties i at it Sho44 nev
er be settled or occupied b ; whits Men. _will
it be cOntended•that• the pi rchase . should.be'
made and the island govern• ! - under the pear.
er to adroit new States Whe. it9vai not: ac'
quireirfor that purpose nor intended to :he
applied to that object..? . ; .ng acquired - for
Itoltan purposes and applied CV.(nciiticrpurm
es, is it not reasonable to ' as time - that' ' t Ite:i . ,
pbwer to acquire was derive from the • hail: .
an, clause, and the island ma:t neeesierilT 141,
governed under and -con Sis ent- with that
. .
clause of the - constitution wh ch relates toln;i
-dian affairs. igain,suppose we shoula,deene .
it es pedient to bu va small Isla . din theSfetliter- -
ranean or in the 'Carribean se-, by a ;level
station, can it.be said with a. y foree or Plitt
sibilitY that the purchase she ht be =de or.
the island governed Under the power to - ad.:
mit new 'States?_ °n the tam rary, it "is not
obvious that ,the right. to acq 're and govern . . -
in that ease is derived from t e power -" . to -
provide and niaiiitain a navy,' and must be;
exercised consistent with that power. - So if ~
we
-purchase land for forts, ar..•nals, or - Other
military "purposes, or set apart and dedicate
any territory Which we now o n , for a milita.,
IT reservation, it immediately Masses under'
;the military power, and - must be governed
in harmony, with it. So if land be put.:
chased for a'llint, it mass be g i Yerned under ;
the power to coin money: or, if puichased",,,
for a Pest office, it mu s t be gria erred .. under ~
-the power to establish, pest 't:)ffi 'es and ' poet -
roads, or, for a - eustom house,n.der the - pw=
er to regulate cemmerce;- or, for • si -- court.'.
house, under the judiciary pow •r. Itt short;.:
the clause of the Constitution nder whieh ,
only land or territory belonging b thetititial .
States, must be gOvernedias jail cated by . the . .,
object for which it Yeas ilequir•d, , oild'..the:'-
purpose to which it is dedicated: .So lottg, - -i:
theretore, as the organic act of Utah sliall,re-.:.,,
main in force, iettink apart thacountry,
„loc.,
a new State, and placing the ith of the:
United
I ,
United States to receive it into he Onion so' - .
soon as it should have the rept' ite 'popnltt--c
tiou, we - are tined to extentttoll the.rightsr. -
of self government, agreeably to he clause of-
the Constitution, providing for t e admissionf. - -i
Il
of new States.> ence the nee.. ity .of re
el
-pealing the
,organic- act, withratrieg the'
al t.
pledge of admission, and placing
. t Mute r the: s
sole and exclusive jurisdiction of- , he , United.....
States, in g order that persona, and, pronerty . ..
May be protected, and . justice ladtninistered o :
and crimes ptinished,under the lalirs prescrib
ed by Congresilii such cases:. . • -. .--'-..
While the power of Congress tTrepeal thel-
Organic act and abolish the Territorial gote.,.
eminent cannot° bedenied,'the qn stien oar,.
.arise whether we pessess the mom right of.
exereising the POwer, aftek; the c - artier Itast': - .
been once granted, and the local .ovemteient': f .
organized under . its provisions.. his' . his' is .:'e
grave question—one whiciaShotild not bi.de- . .--
cided hastily, nor under the 'liable* ce of
. .pas-
sion or prejudice. In tor opirti!on, I arit free
to say there is no mora*ght to peal . the, .
organic act of a territory - -and 'a hell thei r ' '
government organized nuclei it, nless the"- ..
inhabitants of that territory, as a c mtrtunity .
it
have done such acts as
,amount to 4 forfeiture .
of all rights uudeli it-:such as - bedo ing &lieu -
enemies, otitiaws, dissavowing
,the r - alregi":. -
auee, or resisting the authority of t ti United:. ',
States; These and kindred acts,.
pf r ich tie '
1,
have every reason to believe ate rpetrated\ -
iii,that territory, would not only gi ova the.'
moral right, but make it oaf inipe tive duty
to - abolish the- territorial • govern eat and
place the inhabitants under the sole aid Isr-''-':
elusive juiisdictioti of the United S tea r -, to ::-
the end -that* justice may be done,, nd , -the ...T.
dignity and authority of the govern •a eat Vitt. .
I have, thus 'presented plainly and frankly,
my Views oft l'il Utah questioa*t.e. Olt , -,
and the rein e d .- upon the facts est .6y_ have ~
reached us, and are suppose , ' to. be_s • bstrinti,
_. i
ally correct. If official repute and, authen-,,
tic information shall change or wadi -these';. - s
facts, I shall-be ready to - confOrni - . my' actitin.,, -,,
to the real facts as tits, Abell be found t4e - i= l, ''''',
ist. I hare no such 'pride of - opinion as..irill , ' , ;
induce me to persevere in an error. OE,
_o , '1n0.... - :
-i'
merit after my judgement- is cotivirte.ed. 4,7 , ,
therefore, a hetter plan can be ' ileriied—one ..,
i
more consistent with justice 'lnd sotto' peli , - - -'f7: -
cy,er more effective, as„,e . remedy , s f ti - ets4:4-
knestledge,d evils, I iill take great.Pl urn i11,:i.!.:J.
adopting it, in lieu of the: one 1 have 66#4,t`i:,,1
edict you tataight. -..; . , ~. 4,
-IP conclosiout Permit nii le .Pion t iir
grateful teknoWledgments . _ for your pittlent"Y' . -
attention- and the kind-and respectful - Aositit'
ner - in which you have.teceired itly- teumrk..;:::*.
it
IThe speaker closed amid, immen :aps::., : z.
plsuse, and three hearty chaser ; were given, „ ...:
for Douglas, and repeated 1 - -' - '.,,''''
_ ,
tar Great truths ea - Try withihem t ,
er to coacinee tlejudgraent; fanatteisete',,
brit itvays tor a time the' - ' =
WZMINE
-.....-...
-tis~ ~
1
Saida 20.
lusiYe jurisdictie4 - :
in the meaning o 1
e - reaSori that it had
different .Orindie- r ,
lAN the territ, orisd
tying All exrstiag
-
try under-the , sole
or -the United
appreheded ',and
t States or - territe
immemorially:And
repletion* . which''
iforra ly
since 17,90.
fotnid ''Wffactive
he evils complain•
matter, what
"associatiorts, need
! vielate way chef-'
nal right in regard -
erritories:'lt is a .
at - all the 'Ferrite
e United -Statel
ea - by
lanseef Con
to the parpOse o
use to which it is
lie ail thatportipa
1 - .* set apart to'
teessarilr,be ger
ith that Clause ni-