The Montrose Democrat. (Montrose, Pa.) 1849-1876, July 16, 1857, Image 1

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    Zc of tm 6aritson, Vigritton.
_ _
iteinarlis (►t The Itton. Stephen A.
LI ougrauk.
Dttn - ranaN,AN Tim STATE UOUSE.
11.1.:NOB, ON Tut; 1:2111 JUNE; 1857.
Pnr.stimx - r, Ladies and Gentlemen : 1
appear before you to night at, the rep:le:4 of
the Grand :Jury in - attendance upon. the Uni
ted 1-:,states Court, for the purpose of ' submit
tinz v views upon certaiti topics upon
which they have expressed Jieslresio hear
my opinion. It Was not my purpose when I
arrived here among you, to hare engaged in
any pudic or political cliscustion ; but when
q men 1,3 intelligent
called tipcm by a body'
and respeetabie, coming; from all Vats of the
state, and connected with the administration
of public justice, Ido nox ',feel at liberty' to
withhold a full and frail): 'expression of my
( Tinton upon the subjebts to which they
have refead, and whit:4 now engross so
lar•-e a share 'of the public attention.
The poitits'which Ism requested to discuss
I'.. The precut condition and prospec:s
of K:lr.,
'2.1 Tile principles :affirmed by the .s_ll
- (Dart of tho United States in the Dred
Scott cw.
31. The condition of things in Utah, and
tha appropriate remedies for ex.isting evils
Of theßansas - question but little need be
said a't the. pi .I.sent - stune. You arc familiar
with the history of the question and my eon- .
Le etiou with it. Subsi:quetit reflection has
strngthene4.l and confirmed'. my convictions
in the soundttesS of the principle. on which
acted, and the of the course-I
have t.-It it toy duty to pursue upon that sub
j. t. Irlusas is about to speak for herself
-.hrough berth:47:oes assembled in Conven
tion to form a-Constitution, preparatory to
her admission into the Mon li on a n equ a l
fooliti! , with the otiginai States. Peace and
qity now prevail - throughout her -bor
ders. The law under . %which her delegates
- a re; to be elected is believed to be just
and fair in all its objeets and provisions.--
There is evi.ry reason to hope and believe
that tue law will be intequeted and
impartially execute i. sr[—as to insute tri -every
bona file inlithitatit the free and quiet exer
ci:e of 0;6 vlective franchise. any portion
of the hillabitAnts,
actim= under the a dviee
pol . l 1 Sealers it 1 1s, shall
clip' se to al,ont thet:t:tS , .:lves from the. polls,
and withhold their -vOte with a.view of leav-
ing the Free State Denincrats in a riiinerity,
and thu, secure a pre - -:•lavery Constitution in
:'.pc , sition to the wi,..fiet:of - a tuaj6iity of the
;i% in; under it; It the resportibility
on those, who for p4rtisan purposes, will
sacrifice the ineipies -they profess to ch'rish
plconote. Up3n- thou and upon the po
`lnc,d fur benefit, and under the
direction 1 1 1(1 , c275., set, let the
lisited, for fa , lenityr•npon the peo-
I*.l of a new State, institlitions teiragnant 'to
and vi,,:atiQn cf their wiFh
<:s. The or s znnic eoiires to the .pecids cf
Khns;l- - . the and ex,:lusive right of foini
ing and ri , gl.l.llin•ir their dome.-ti 4 instititions
thetu4oires, 5u1.1.‘4:1",t0 no- other
Orin that
.which Cz;nzstitution of the
Tl w I )...m..wrat;r: party i. 4 - lett - 9-Ininf,l in
fa da,rnenTal ptinciples of tLe
cani.. , l g n,l faith. The
'taw in Kansa. is avknowl
-2,1 to f:; r qn,l j•i , t flit-2 The v( ; , -
will be ,111....1en . .17 and st:rnpu•ST .
if tile innjority of
p•!(-1 . 0t K:tas.l,s to have. it a free
S , Ate Ond we are toI4l by the nertthliean
tenths of the p.?ople of that
ate free fi::ate niPn.) there is no ob-
tA:p , are u:var
1 • - •1 , •!t
il l 0 , 02 wav
57i1011 as a free S',./I!e, Ls- the Lutes fl nj vo i ce
roit n ptu' r !c' in o•.-e% , rtrtit v With
the gtent plinciples Kansas-Nehraska
act-I>,i9vi , le.l t.:l the fre• o men will go
t;tit;l-1-00IIK and cot e
_ . their principles in ac
cordance with their professions. If such is
.the result lee . the consequence .be visited
upon the lie;els of tho , e whose policy it is to
produce .nuniehy and bloodshed in
Kansa: that their patty mar profitby slavery
:citation irt.tlie Northern States of this Un
iOn. That thelii-:ar-wrats in . Ennsas will per
f.yrm their duty, fearl'esslv.ana at:cur
ding to the principles titer cherish; I have
doubt, rind - that - the tesult of the struff 7 le
will be such as will gladden the heart and
strengthen flejaopes of .every friend of the
Union, I have entire
, The Kansas question being . settled peace
fully and sati,facitodly, in accordance with
the v(ieles of Iter,ewn penpl,-, slavery agita
tion should I e banished from the halls of
Ceugr:ss mid cease to lie an existing element,
in our political struggles. Give fair - play to
that principle of self !government which rec-_
ognize; the right of the people of each State
and Terri:otv ft) form and regulate their own
(!itutions, and sectional strife will
be forced to give place to that fraternal feel
ing which animated the Fathers of the Revo
lution, and made every citizen of every State
of this glorious Confederacy a member of a
common brotherhood.
That we are .teadily and rapidly approach
in7that result, I cannot doubt, for the sk
very issue has already dwindled down into
the. narrow limits covered by -the decision of
the Supreme Court of the United States in
the Dred Seca' case. The moment that de
cision was pronounced, and before the opin
ion of the Court • could be published and
read by the people,-the - newspaper • press in
the interest of a powerful political party in'
this country, l.egnn to pour forth torrents of
aluise and misrepresentations, not .only.upon
the decision, but upon the character and-mo.
lives of the venerable Chief Justice and:
iliustrions associate, upon the bench.
The cbaracfer „of Chief Justice Taney :.and
associate Judges - . who concurred with .him, ,
require-no eulogy—no vindication from me.
'They are endeared tOs they people of the Uni
ted States br their, eminent public services—
venerate' for their grenl wisdom
mid experienee—ar.d beloved fur the
purity Of, their •cAtracters.and their exempla
ry„lives, The poisonous shafts.. of partisan
malice Will fail harmless at their feet, '.while
their judicial decisions trill stand in allfuture
time'a proud urinument to their grerittter..s,•
the-admiration of the pied :and -wise,: ariid n
lelnike-tirthe partisans of faetion and lair
less vioience tinfortunately, ;44,
crable portion of the .'people' ‘ of the tlnit*i.
States shall so far forget:" ;heir. ol)ligatiO'nt,fo,
society as . to allow the parti-An
ray them in violent resistance toile final ,-
sision :tpf.;:the highest- judicial ttibutuil
f earth, it will become the duty .of all the
1 friends of order and constitutional govern
! tent, without reference to past political *W-
Iferences. to organize themselves and marshal
their fa'rees under the glorious banner of the
Union, in "vindication of the Constitution and
the supremacy of the laws over the advocates
of faction and the champions of violence.—
To preserve the Constitution inviolate, and
vindicate the supremacy of the laws, is the
first and highest .duty of every citizen of a
free Republic: -
The peculiar merit of our firm of gorptn
ment over all others, consists in the fact that
the law, instead of tire arbitrary *ill of a he
reditary Prince, prescribes. defines and pro
teets all'our rights. in this country the law
is ttra will of the people, embodied and ex
pressed according to the forms of the Consti
tution, The Courts are the_ tribunals pm
naribed by the Constitution, and created by
the authority of the people to determine, ex
pound and enforce the law. Hence, whoev
er resists the final decision of the highest ju
i dicial tribunal, aims a deadly blow at our
1 whole republican system of Geveinment—a
i blow, which, if successful, waft] place all
our rights and libertiei at the mercy. of pas
sion,'anarchy and violence. I repeat, there
-1 fore, that if resistance to the decision Of the
I,Supretne Court of the United States, in a
matter like the points decided in the Dred
Scott case, clearly within their jurisdiction.
as.defined by the Constitution, shall be forc
ed upon the country as a political issue, it
1 ;till become n distinct and naked
ilween the friends and - the enemies of-itbe
Constitution—the friends and the enemielkof
; i--.
the supremacy of the laws.
The ease of Dred Scott was an action of
trespass, ti Et
. armis, in the Circuit Court of
I the United States for the District of Missouri,
1 for ;he put-ruse of establishing his ' claim to
. be a flee man, and was taken by a writ of
lerror on the application of Scott to the Su
-1 preme Court of the United States, where the
iAinal decision was pronounced by chief Jun
iice TancykThe facts of the case were agree.]
t neon and 41mitted to be true by both parties
and were ill substance, that Drat! Scott was
a negro drive in- Missouri ; that he went
with his master who was an officer of the
1 army, to 'tort Armstrong, on Rock Island;
and thence to Fort Snelling; on the west bank
of the Mississippi River; fled within the.coun
try coveted by the act of Congress known as
t the Missouri Comirrehmise., and thence he - re
' accompettiid 'lfs maser te thm state of Mis
ssoue;. where he has since remained a al/we.--
Upon this statement of facts two important
and material, questions arose, besides several
incidental and minor ones, which it was in
cumbent upon the Caen 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, tror did they go out -of their way to
decide -questions not properly - before them
and directly presented by the .record. Like
honest and conscientious JudgeS, as they are,
they met and decided each point as it arose,
and faithfully
.performed their whole duty,
and nothing but their duty to the country, by
detezminine; all the questions in the ease, and
nothing but what Was essential to the decis
ion of the ca4o, upon its -merits.
The State Courts of Missouri had decided
against Dred Scot:, and declared him and '
' his children slave, nett the Circuit Conn of
I the United States for the District of Missou
',ri hail decided the same thing in this vary
';ease, n hick had thus been removed to the '
Sapreme Court of-the United States b; Scott,
with the hope of reversing the decision of tie
Circuit Court and securing his freedom. If
the Supreme Court bad dismissed tire writ
4-error for want of jurisdiction;without first
examining into and deciding the - merits of
t h e ee sp, ne they are now donouncedand
abused fi,r not having done, the result would- -
,hare been to remand Drell Scott and his
children toperpetual - slavery under the decis
ions which had already been pronounced by
the Supreme Court of Missouri, as well by
the Urcuit Court of the United States, with
out obtaining a decision on the merits of _his
ease by the Supreme Court of the United
States. Suppose Chief Justice. Taney arid
his associates had .thus remanded Dred Scott
and his children back to slavery cu a plea In
abatenaent or any mere technical point not
. touching the merits of the question,and with
out deciding whether under the constitution
ajel laws, as applied to the facts of the case,
Died Scott was a free man or a slave, would
they have not been denounced with increased
virulence and bitterness, on the . charge of
linsing remanded Died Scott to perpetual
4 Irk ri wit:* it first exarninincs the merits of
his case and ascertaining whether e he was a
slave or not I. ~ .
. .
If the case had been disposed of in that
way, who can doubt that such would have
been • the diameter of the . denunciations.
ehielt would have been burled upon the de
voted beads of these illustrious judge=, With
much more plausibility andshow of fairness
than they are now denounced for having de
cided the case fairly and honestly upon itr
merits I
~c:tc in: !!ie
The material and controlling points in the
case—those which have been made the stiii
.ject of unmeasured abuse and denunciation,
may be thus `stated : ,
Ist. The court decided that under the Con
stitution of the United States a negro de:
scended from slave parents is not and cannot
be a citizen of the United States.
2d. That the act of the 9th of March, 18-
20, commonly called the Missouri Compro
mise act, was unconstitutional and void bet
fore,it RAS repealed by the Nebraska act, and
consequently did not and could not hare
the legal affect of extinguishing a master's
right to his slave in - that Territory. While
the right continues in full - force , under the
arantee.s of the Constitution, and cannot
divested or alienated by, an act of Con-
Ores', it necessarily remains a barren -and a
tprthless right, unless sustained, protected
and enforced by appropriate police regula
tions end local legislation,. prescribing ade
quate remedies fur its violation: These reg
ulatiour arid remedies must necessarily de
pent entirely -upon the *ill and wishes of
the people of the Territory •as they can
only be prescribed by the loCal legisla
-1 tures. Hence the great principle of popular
sovereignty and self governinent is sustained
and firmly established by the authority . of
this decision. -
Thus it apFteam that the only sin involved
in tin! , passage of the Kansas 'kebraska act;
consists in the fact that it iemovedm the
I *fates book as tet:of =Congress w ra h was
unauthorized 1:7 the'Coustitutioi of e'Voi
Pontrost, ,Susquehanna TAnntg, TI
c larstrati Zorntng, u! 1(}, 1857.
ted States, and void bedause passed without
constitutional authority, and substituted in
lieu of it that great fundamental principle
of self government which recognizes the right
Of the people of each State and Territory to
form and regulate their domestic institutions
and internal affairs to suit themseltes in ac
cordance with the Constitution. [Applause)
The wisdom and propriety of the measure
have been sustained by the decision of the
highestiuditial tribanal,on earth, and rati
fied and approved by the voice of the Ameri
can people in the election, of James Buchan
an to the Presidency of the United States
upon that naked and distinct issue. lam
willing to rest the vindication of the measure
and my action in connection witty it upon
that decision and that verdict of the Ameri
can people. [lmmense applause]
Passing from this, I will proceed to the
discussion of the snain 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 of the United
. We ate told by the leaders of the " Re
publicau" or Abolition party that this propo
sition is meld, inhuman and infamous, and
ihould not_ be respected nor obeyed by any
good citizen: In what does the objection
consist e , Wherein is the cruelty, the inhu
manity, the infamy. 1 It is supposed to con
sist in depriving the negro of citizenship, and
•bonsequeretly erceruding him from tire exercise
of those rights and privileges which are en
joyed in common, and un terms of entire
equality, by all American citizens; whether
native born or naturalized. They 'quote the.
Declaration of Independence which sayse .
•• We hula these truths selfi ?ideal that all
- men were created equal,'.' and insist that this
language referred to and was intended to in
cludeuegroests well as white men; that it. was
riot intended to apply only to the white race,
but that it included the negroes and alrother
inferior races, and placed them on a footing
of entire and absolute equality with 'Siete
men, and that the battles of the Ileylolution
were fought in defense of the princifee, and
the foundations • of this glorious Republic
were firmly planted -on the immovable basis
of the perfect equality bf • the races. Hence
they argue. OA any law or reetihnion,weelh
er under the authority of the State • govern.
meat or that of the United States, in viola
tion . of this fundainental principle of negro
equality Kith white men, ie not only cruel
human and hilemous, ' but is subversiie of
the foundations of the Goveitiment itself, and
therefore ought not to be respected or obeyed
by any good eill4er.
If we grant the truth of . their premises it
would be vain to resist the force of-their rea
soning or the correctness of their conclusions.
Indeed, we would be compelled, as hon e st
men. to acknowledge and adopt the principle=
end cearry it out in good faith in all our politi
cal action, by modify ing or repealing any le
gal acrd-constitutional provision' 'in conflict
witli that principle. • Lek . us examine and
tee what elienges this principle would require
in the ConstitetiOn ant] laws of this State as
well .as'of the United States. Of .course it
would instantly euenncipate and set at liber
ty every slave io any State of this Unionered
in every other pi:lee-nudes the Atneric:.n three
and within the jurisdictiea of the Federal
Constitetion. Slavery being abolished, 16
Fame ptineilfe svothi romp e l us to stoke
from the Cuustitution of Illinois the chase
which denies to a negro, edrether free or
slave, the right to conic and live among us.
• and in lieu of it to open the door for the three
inilliees of emancipated slaves to enter arid
beerene.citizens Ott art evenly with ourselveso
The principle would compel us to st•ike the
word " white" out of our Constitution, nue
of course control us at the polls when
hey became a majority. The same prinej
pr—e till compel- us to change the Con-tin-
tion so as o render a negro eligible to the
Legislature, t he Beecheto theGovernorehip,
to Congress, to the residenev,end to all oth
er places of honer, pro r trust, on an equal
footing with white men.
When all these things she have been
dote, and the principle of negro ualiiy
shall have been carried out to this extent,
still the requirements of the Declaration of
Independence will not have been satisfied, if
it really means. what the " Republican" or
Abolition party assert it deee m: an in de.
cluing that a_negro was Melted by the Al
mighty equal to the white man. If their in
terpretation of the Declaration of Indepen
dence be correct', and the principle' of negro
equality be true, as supposed by the oppo
nents of the Dred Stott decision, we shall
certainly be compelled, its conscientidus and
Men, to go one step furtheo---repeal all
laws making any distinction whatever on
account of race and . Color, and authorize tie
groes to marry white . women on en equality
with white men. [lmtbense cheering.]
When the "Republican" or Abolition par
ty shall haveelone all these things, And time
have carried into practical • operation the
Declaration of Independence as they under-,
stand it, they will have laid Ile foundation
for their organizes) oppoSition to so much of
the decision of the Dred Seote case as de
elates that a negao is not a citizen of the
United States. [Great applause.]
If on the contrary the opponents of the
Erred Scott decision - shell refuse to carry out
their tietes of the Declaration of Indepen
dence and negio . citizenship, by conferring
upon the African race all the rights, privi
leges and immunities of citizenship, the same
as they are bow or should be enjoyed•by the
white, bow will they vindicate 'the. integrity
of their motives and the sincerity of their
profession I If-the negro is equal to the white
man, and was thus created by the Almighty,
what right have they or we to reduce him to
a condition of inequality, by denying to him
the privilege of voting, holding office, marry
ing the woman of his choice, in short, with
holding -from him all political rights and
consigning him to political slavery! Pete
ceiving the inconsistency between their pro
testiest's and their past ettiote on this point,
the leaders of the Republican" or Abolition
party in the Legislaturof New York, and
some of the New England States, and, in
deed, in Wisconsin and such other States as
they think public sentiment is prepared (Cr
the-tneesure, have-recently taken the prelim.
-instil steps to amend the Contest ution of their
• respective States so as to allow negro to vote
and hold office, and enjoy all the rights and
privileges of citizenship on , an equal footing
with white- meb.
Thele movements hiee been initiated in
thee* Stake and will. soon foil* is ot ttersy
upon the ground that the " Republican" .
party was bound and pledged by its creed
and its professions, as proclaimed from. the
pulpit, from 'the stump, And throUgh
newspaper press, to carry 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 they
carried the Presidential election lastrall, and
secured the absolute control. of- all the de
parunents of State government. It is not to
be presumed. that any step for changing the'
Constitution of Illinois so as to confer the
rights and 'privileges. of citizenship upon Mi.'
groes will be taken
.until after the next elec
tion, nor any such purposes be openly
avowed, hut, ou the contrary, in the central
and southern. portions of the State it. will be
stoutly denied, nt the same time that all their
orators, lectuters, and papers will continue to
quote the Declaration of Independence to
prove that the Almighty created negro
equal to the white man, and consequently he
has a divine right to enjoy all the privileges
of the white roan, 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
prudent by the leaders of the " Republican"
party in this State to make a flank and hon
est confession of faith and ptoclaim it to the
world in tones that can be heard and lan
guage that can he enderstood to mean_the
same thing in all portions of the State. Bat
so long as they quote the declaration of In
dependence to prove that a negro was created
equal to a white man, we have no excuse for
closing our eyes and professing ignorance of
what they intend to do,, so soon as they get
the power.
- To show how shallow is the pretense that
the Declaration of Independence had refer
ence to, or included the negro race when it
declared all men created equal,it is only nec
essary to refer to a few historical filets; re
corded in our school books..
On the 4th ci July, 1776, when the De
claiation of in& pendence wns promulgatid to
the world, African slavery existed in each
one of die thirteen Colonies. Every sio.ner
of - the Declaration of Independence was elect
• ed by, and represented a slaveholding constit
uency. Every battle of the Revolution. from
Lexington and Bunker Hill to Icings Moun
tain snd Voik:own, was funghtin a slavc
-1 holding 'State.
The treaty of peace arknowledgiom and
confb tiling the indtpt ndeticc of the United
S ate; was made and signed on belctlf of
Great - I;.itain of the one pnrCand tithe thir
teen slaveholding States on the other.
The Constitution of the United States un
der which we now live so happily 111141 have
grown sogreat and powerful, anti which we
. _
all prof , ss to cle.-isit and venera!eovas Lrined,
adopted and.ptit into operation by the people
of twelve slaveliolding States and cue free
State, slavery having disap;)•?are , l frtUn MNs-'
sachusetts about that Cone under the operit•
tion of the - great fundamental principle of
self government, which recognizes she right
of each State and Colony to regulate its own
domestic and local Aff a irs,
!n iew of these incontrovertible facts, can
any sane ma - tz' believe that the signers .of the
Deelaration of Independence. and the heroes
who fraught the.hattles of - the Revolution, and
the sages who laid the foundation o f cu r
c‘rnplex syf•lern of Federal and State g,overn
mew..., intended to place the tlegrO lace on
yval footing with they mbi:e race?
sncli had been their porpos,t, would they not
hate ale.lished slavery and converted every
'weir° into a ei:izen on the ;lay on which thet•
put fortl. the Declaration of Independenee
ltid th e y he it.'- Did any -of .the thirtete,
slavely—miteli less place thene
4ro on an evality,With the white man during
the v.-1.61e Itevolutiohary strug. , le! Tlistor;
-ords - the emitlertie answer, No. .Not one
.of the States abolished slavery during
the Revolution, nor has any one of them, at
any time siiwie vxtentled to the African race
all the rights and privileges of citizenship, on
terins of entire eqUality with- the white man.
No one can vindicate the charecte-. motives
and conduct of the signers of the Peclara-
Lion of Independence, except upon the hy
pothesis that they referred to the white race
510110, and not to the African, when they de
dared all men to have been cleated
that they nere speaking of suhjeet v s,
on this contineat being eqiial to British sug
jects born and residing in Great Poi:aitt
that they were entitled, to the same inaliena
ble rights, and among them were enumerated
liberty, and the pursuit of happiness,
The Declaration was adopted fur . the purpose
of justifying the colonists in the eves of the
cis ilized world in withdrawing tl:eir alle
giance from the British crown, and di.ksolying
their eonnettion wi:lt the mother connlry.
In this point of view the Declaration of Inde
pendence is in. perfect harmony with the
events of the Revolution, and the line of
policy pursued tinder the Artieles of Golfed eration,, and the principles ernhodie4 and
estallished in the federal-Constitution.- The
history of the times clearly shows that the ne
groes were regarded as an inferior race, - who,
in all ages, and in every part of the globe,
and under the most favorable circumstances;
had shown themselves incapable of self-gov
ernment, and consequently under the protec
tion of those who were capable of providing
for and protecting them in the exercise of all
the rights they were capable of enjoying, con
sistent with- the good and safety of society
. .
It is on this principle that. in all civilized
and cliristian countries - the government
provides fur the protqition of the insane, the
lunatic, the idiotic,land all othcr tinfottunees
who are incompetent to take care of them•
selves. It does not follow-by any means that
because the negro race are incapable of gov
erning themselves, that therefore they should
become slaves and be treated as such.. The
Safe rule upon that sohject I•apprehend . to
be this,that the African- race should ho allow
ed to exercise all the rights and privileges which
they are of enjoying consistent with
the welfare of tHe community in which they
reside, and that-under our form of govern
ment the people of leach state and Territory
must be allowed to determine for themselves
,the nature and extent of thole privileges.
Tile whole history:of our country Clearly
shows that our fathers acted on this ?Princi
ple, not only in piomulgation of the . De.clara-
Lien - of independence, but in laying the foun-..
dations and erecting- the superstructure of
our complex system "ot i Federal and State
Gpvernments. :Whoever will take the pains
to examine the journals - of the Continental .
Congress will find that nearly every colony.
before it Would authorize its delegates to as
sent 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
Stato . or colony. The -battles" of the Revolu
tion were all fought in defense of this princi
ple; and the Constitution of the United States
Ivas formed and adopted for the purpose of
perpetuating it in all time to come ; at the
save time it combined all the people of the
Union in one confederacy with certain speci
fied and limited powers for the common de
fense and general welfare.
Under this systern of Government 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 of Illinois
has been a wise and just one in 'regard to thfe
race, and ought to be continued, only makiug
such changes from time to time as experience
shall prove to be just and necessary. While
Illinots,had the undoubted right, under the
Constitution 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 rightto complain
or interfere with the local - and domestic con-'
corns of other. States and Territories than
they have with ours. [Applause.]
The founders of' Government dideppt deem
it possible, nor desire it' practicable, to
maintain entire uniformity in local legislation
atel domestic institutions of the different
Settes, and fur this reason each State was at
lowed a separate and distinct Legislature,
with full powers over all internal and local
concerns, in Older that each might shape Ind
vary its internal policy, milratrapt it to the
eircerusennues, wishes and interests of its
'own people. . While there was a diversity of
opinion in regard tc the extent of the rights
Mel privileges which could be safely entrust
ed to the At's lean race in the different States,
they all repudiated the doctrine of the (virili
ty of the white and blacktaces, and : coneur
ied iu that line of policy which would pre
serve the ' purity of each, and prevent any.
'pt - ties of amalgamatiun. pulitict,l , social or
domestic: They had t ;wierressed the sad and
melancholy results 'of:the mixere.of the races
in Mexico, South America and Central .”rer
lea, and w here the Spanish froth motives of
po:iey, had Admitted the negro and other in
ierier races to -citizenship, and conseque'utiv,
to political and social amalgamation. ;The
deinoralizatiOn l and (leg relation which pre
v,riled in the Stranish and Fiench eolouies-,
where no distinction on account of color or
race were-tolerated, operated as a warning to
our IZetohltionery fathers to prreeerve the pu
ri:v of the white race, and to ie'Stablish the
political,seeial Mel domestic institutions upon
.such a basis as would forevei exclude the
idea of net citizenship and rif'gro equality';
[Aeplarve.] - •.
They melerstood that. pertt'e natural law
Which declares that munig,itnikioa between
superior races blings their posterity dower to .
tie loner level of the inferior, bet never ele
vates them to the high level•of the superior
race. I appeal to each of those gallant young
m n Le! . nth. who won immortal glory on
the bleody fields of Mexico, in vindication
of their country's- rights and honor, whether
their information and observation in that
countre does not fully .sustain - the truth of
the proposition that amalgamation is degrad
ing, demoralizing 4 disease and death is it
true, that the nrtro 'is our equal and our
brother ? The history of the- times cleatly
shows that our fathers did not regard the re
gro race as any. kir 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 vow confer upon the African ;
race the privileges of citizenship, and put
them upon an equality with white men at
the polls, in the jury box, on the bench, in the
I executive chair; and in the councils of the
.upon what principle will yon deny
their equality at the festive board and in the
domestic circle ? - ,
The Supreme Court of the United States,
hits decided that under the Constittition, a
negro is nut and cannot be a citizen.
';The " Republican'Yor Al)olition party pro
nounce that decision cruel, inhuman and in-
Qous, and appeal to the American people
Co disregard and refuse to obey it: Let us
join isiue with them, and put ourselves upon
the country fur trial.L. [Cheers and applause.]
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,
awl the appropriate remedy for existing evils.
Territory of Utah was organizeirnder
one of - the .auts known as the compromise
measure.; of 1850, on the suppositionthat the
inhabitants were American citizens; oWnino.
and acknowledging allegiance to the'Unite ' d
States, and conAequently entitled to the-bene
fits of selt'government while a Territory, and
to adinission into the Union; on in equal
footing witt the original States so soon as.
they should number the requisite population.
It. was conceded on all bantl3,, add by all
parties, that the peculiarities or their religious .
faith and ceremonies interposed no valid and
constitutional objection to their reception in
to the Union, in conformity with the Federal
Constitution, so long as they were in all other .
respects entitled :to ariti3isision. Hence the
.great political parties of tlte country indorsed
and approved the comprOmise measures of
1850, including the act for the organization
of the Territory of Utah', Itith the hope and
in the confidence that the inhabitants would
conform to the Constitution and laws, and.
prbre themieltes worthy, respectable and law
. abiding citizens. If we are permitted to placti
credence in the rumors and report:4lr= that,
country, (and it must be admitted that they
have increased and strengthened and mince
ed'consisteney and plausibility by each strol,
eceding mail,) seven -year's experience hat
_a state of facts - entirely different
from that which was ,- supposed: to • exist
when Utah - was organized. Theselrtimo
and reports would seem to justify ithe be] . •
'that the following facts, are' Suscrlptible. l f
proof: _ _— .. .... . •
tar. That , nine•tenths of the inhabitant/I
are aliens by . birth, who lave.refosed to bei
come naturalized, or to take the balik . :of 'RV ,
legiance, Or to do any - odder act recognizing
• the Government of 'the United States as the
paramount antittlity in that Territory..' ..!.
. .
2d. That all the inhabitant's, whither na
tive or alien born', known as Mormons, (and
they constitute the whole people Of the Ter
ritory,) are bound by horrid oaths and
ble penalties to recognize and ;maintai n the
authority of Brigham Young and the Govern
ment of which he is the head, as paramount
to that of the United StateS, in civil. as - well
as religious affairs ; and that, they ',twill, in
due time, and. under the direction of. their
leaders, use all means in their power to ' sub
vert the Government of the 'tinged States.
and resist its authority.
3d. That the Mormon Governn3 . ent,' with
Brigham Young at its head, is now forming
alliances with the Indian Tribes of Utah and
adjoining Territories 7 --stimulating the Indi
ans to acts •of hostility—and • organizing
bands of his own followers under the name of
" Danites or Destroying Angels," to prose
cute a system of robbery and murder
. upon
American citizens, who support the authori
ty of the United States, and . denounce the
infamous and disgusting practices and insti
tutions of the Mormon Government.
If, upon a full investigation, these reiire' -
sensations shall prove true, they Will establish
the fact that3the inhabitants of Utah, as a
community, ate outlaws and alien enemies,
unfit to exercise the right of self-government
under the organic actand unworthy to be ad
milted into the Union as a State, When the
only ob j ect in seekilig admission is to inter . -
'poie the sovereignty of the State, as an invis
ible shield to protect them in their' treason
and crime, debauchery' and infamy: [Ap
„Under this view of the subject, Y think it
is the duty of the President, as 1 have no
doubt it is his fixed purpose to remove Brig
ham Young and all his followers from o ffi ce,
and to till their places with bold, _able .and
;' true roen,and to cknse a thorough andseareb
ing investigation into all the crimes and
normities which acre alleged to be
.perpetra ,
t ted .daify in that Territory, under the direc
tion of Brig-I'm/1 Voting and his confederates,
arid to use all the military force neces-ary- to
protect the officers in the discharge of their
duties, and to 'enforce the laws of the land. -L-•
When the authentie'oldence shall arrive,
if it shall establish the fitcts which are be
lieved to exist: it will become the duty of
Congress to apply the knife and cut-out the
loathsome, digu-ting ulcer. LA pplanst] No
temporizing policy—no half-way measure
will then answer. It has tech supposed. by
tho:.e who'lave not thought deeply upon the
snlject, that an act of Curtness
murd e r ; robbery, polygamy and other crimes
with appropriate penalties, for these offences,
would afford adequate temeffics for all the
enormities complained of. Suppose such a
law to be on tin.t . tatute book, and -I ht9tive
they have a triMilial Croat, providing tiff usu
al punishments for the entire 'catalogue of
tritnes, according to the , usages of the rival
lied, and christian countries, with the'eXcep
lion of A,olyzamy, which is I:ran:iced tinder
the sEnction Of the Mormon Church but is
neither prohibited nor authorized by the laws
of the Territory.
• Suppose, I repeat, that Congress • should
pass tt law prescribing a criminal code and
punishing polygamy among other offences,'
what effect would it, have—what good'would
it do? \Would you call on "twenty-thiee
grand jurymen with twenty-three wives each,
to find a bill of indictment against a poor
miserable wtetch for baying , . two wives ?
[Cheers and laughter.] Would you rely up- -
`un twelve petit jurors with twelve wives each
to convict the same loathsome wretch fur
having two wives ? • [Continued 'applause.]- 7 -
Would you expect a- randjury composed of
tivcnty-three " Danhes" to find a bill of -in
dictment against a brother Danite for hay
ing murdered a Gentile, as they call all
American citizens, under their . direction ?
Much less would you expect a jury of twelve
" destroying angels" to find anothei"destroY
ing angel' guilty of the crime of inurder,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 Vtali, Congress may pass what .
laws it chooses, but-you can never
. rely upon
the -local tribunals and juries to punish crimes
committed by Mormons in that. Tetritory.—:
Some other and More effectual remedy Must
be devised. and applied: In my opinion the
first-step should be the al:salute and tincondi
tiontr,li;peal of the . organicact—blotting the
government out of existehee- , -npon
the 'ground that they are 'alien enemies and
outlaws, aenying their allegiance and defy
ing the authotity of the United Btatei. [lm-
Nmense applause.]
The territorial "goverkment once abolished,
the country would revert to its primitive con
,dition prior to the net of 1850, " under the
sole and exclusive jurisdiction of the United:
States," and should be , phteed-un . der the:Ope
ration of the act of Congress of the JOth of
April, 1700, and the various acts stippleinen
tary thereto and amendatory. thereof. " pro
viding for the punishment at crimes against
the United States within any forte arsenal,
dockyard - , magazine, or any other plaeo or
district of country ; under the sole and exclu
sive jurisdiction of the United States." All
offences against the provisions of these acts
are reqvired by law to bo tried and punished
by the United States courts in the States or
Territories where the offenders shall be "Flasx
ThUS it swill be seen that under the'plan pro
posed, il3righam "Illatmo and his confederates
could he "apprehended and brought for trial"
to lowa and Missouri, California or Oregon,
or to any other 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 the
court could be carried into execution, with-,
out violation or intimidation. Ido not pro-.
pots: to introduce any new principle into bur
jurisprudence, nor to change the modes of
proceeding or the rules of practice' in our'
courts. I only propose, to place the district
of 13iir country einbrOed within the Territo
ry lof Utah wider - thOoperation of the same
laws and rules of proceeding, that= linusaa,
14braska, Minnesota. and other territories
wire played before they became - organized ter=
ritries. The whole tenuity embraced with.
in those territories will under the operation of
.that same system of laws, and the offences
commuted within theOnte were piiiiished in
the manner now pmpotied, so 'long' as
countty remained ".under the sole and ad
sive jurisdiction of the United Stsites," - , but
the moment the country Was organized into
territorial gcireinmnts, with legitiniate, eve
, utive and judicial departnients, it ceased
be unde'r the sole and
of the United States, Nvitbi
the abt of. Congres's,'for the
passed under another .and
Lion. Iteuce, if we : aboliS
.goVertannt of litalt,itreset
tight., and
. place . thent
and .e.ichi stve - jurisdiction
Statts, etfendei.c can tie
brought into the adjacent . '
ries fur punishment, in Me
ander the same rules and
obtained and have - been-an,
under like,cireanistances- s'
If. the Plan proposed he f
and adequate remedy for t
ed of in Utah, no oen, ho
political creed, or par ti i•an
be apprehensive that it !fill
ished theory or Constitution
to the government Of the 11
great !mistake to suppose ti
ry or laud belonging to • th
must necessarily be:govern,
litiwS and
.under tric \ - satne,-ci
stitution, without reference
Whi - ch it is dedicated or the
proposed to make of it, wh .
or country *Lich is 1)r shal
become new States, must n
erned under and consistent
the Constitution, which au
to admit new State=, it do
other tbrritor, not intend
and admitted into the L.Tni
be governed under the sun,
Constitution, with.nil the r
eminent and State equality'
we should purchase Ynuco
Great Britain, for the purl),
the Indians from otfr Paci
loi.latinc , 'them on - thatlsla
nett home,with guaranties
er be settled or occUpibd b
it be eontoaded that the p
made and the island gayer admit new States whi
quired for that puipose nor
applied to that object ? .
Indian purposes and - appliet
es i is it not reasonable to -1
power to acquire was deriv
an chute, and the island in
governed under and
clause -of the, constitution tr
dian affairs. .
it expedient to hay a stuallish
raneali a in the earribeau
station, can it be said= with
sibil4y that the purchase sl
the island governed under
mit neivStates 'On the 4
obvious that the right to ac
in that case is derived frond
ptovidti via Maintain a na
exercised eonsisteat. with.t
we purchase= laud fur' forts,
Militai.y . purposes, or set a
an y turotory which we no
reiitenati?a,it inimedia
the military power; and
in harmony with It. ,'S.
chased for-a it tnast
the power. to eoin money :
. . ,
fors Post office, it must be goverued 4 Under
the power to-establish post ollices
roads, or, for a custom hotse,under the:Tow
er to regulate comtherce; or, .for ~ a court.
house, under the judiciary potter: In short,
the clause.of 012 Constitn.ion under which
oily land or territory - bolongingtotthe United:
&mei, must be governed,fts ludieated . 4:tho•
object for which it was
.:n laired,: and the,
purpose to tthich it is de- icated. So' long,
(hell:fore ; as th.organte a t Or L T- tahshall r&
main in; ftiree, iiutting, spar that country'- for
a new State, and.plaCing he 'faith, :or :the ,
United states to receive i into thetrnien so
soon as it fhould have the requisite. popula
tion, we., are hound to exte ultoall the rights.
of self governinenV-agreea ly to the clause'ot -
the eonstitttlion,_providin for adertisSioii ' 1
of new States. Hence th...necessity. - of re
pealsng the organic- act, !Aitlidrawin: the ,
pledge of adihissionond pacing iLitneerthe,
solo'and.exclusive jurisdic ion of the I.Taaiti:ii].
States, in order that Tiers ns and' propdrty
l a.
may be protected, and
. ju. ace ikdtxtinisteredi
and crimes punislied,uude the laws presarib
ed by Cot 6 mress in.itiell'c ,- . -•: : . -.•••,,.--
While the pOwer of Co greys to.ropealthe ..
organic act and abolish tl e Territdrhil :giat , 7 . .
:eminent cannot be denied the questiof - pay
A rise, whether we pOess tie rilorzi! right- :of
exercising the power, afte "...tit.° charter :has
been once granted, and thic local grovernMeat
organized under its. proviziions. ° This -is a
!)-rave question—ono trhi4 should. not be de;
cided hastily ; nor iitlert,e influence of pas
sion or prejudice. In my i r
opinion, - tani_ trail
to say 'there is ao moral r , iglit to repeal.. - th 0. : ,. .,
;organic act of 'a: territory aud. : .abolish: , ,the . -
goverrirfierit organized under_ it,. AittlessYtha.
inhabitants of that territory, as a,tiontmairitY . :
have done Much acts as athount tdalforfelitnre- . '.
of all rights limier; it—i.uch as beepruirg alien`
enemies, outiaws,.dissavoying . 'theirlallegi- -
cure; or rk.. , sisting.tkitutlioritypf the Xi : tilted -
States.. These and kltli:O.aets; which Ivo,
haVe-every reason to belitve,are-
.p . erpetratecl..
in that territory,'would a t oaly give_us the . .
moral right, but.trialte it ui , itapemtiVeAtitv
to abolish the - territoria 'got-Orrin:lent :.artd'....
- place the iiihabitaats titian' the sold, and ,-el-,_,
elusive jurisdiction of th Vnited States, to, -..
the end that juStice.inav , .dorte„ 'Mid ' the
dignity and authority: off' be:governrient yin.'
dieated: • . '' ..-: ~. : - . 2 . .--,-.• ,:: •
I have thus 'presented plainly
my views. of the Utah r question —the evils, :
and the romedy--upon t e facts as they have
reached us, and'aresupp ie , l to be substantl!-,
ally correct. If official ports and ; Utithen
tic information shall elm ge or-Incidify-qAesel
facto, I shall Nt ready to otiforni' , lny lidion-_-
to the real' facts as they hall be fourl-t047:;-
ist: I have no such pride: Of uPinidr! It. _atilt' ; '
induce me to persevereli an error mier mo- '
anent titter My judgerneri .' is
, - Criniinaia.' '-if,'
therefore, a better plan c ( n be. 4i-44dt-ow
more consistent with justice and- sorind - ::poll- 2 .,
ey, or mora.oll'eniiva as. 4 - i*cdy. for. -A.4.. f1 ,
linowledged evils, I . hill fitfkgreit kleasuriirt ..
1 m
adopting it, in lien of th"' ono I Lave 'pnianit , ;
ed to you toltiglat. ',.....';
,e 1 ti), , prelieat . riliT
g!ateful ao iiMiNdgmet for, -yutt . r
. pittli* -
atteutioika d .4e.,,kitgl ali a re rtell 9 l.- 4 1"l'ir
her in wide yoti,diavo veelved my _ retruirklu,
. - closed mild iMmense 'ifi.,qf
'clause, and three hearty Amen - waiiiiieff ..
for Douglas, and rapes .4 -;, ': : "`= • ..- .ir
kir7 Greta truths 617
410 COtEcincil 'the j gn
tr. t hriu
ninbtr 20:
!sive; jntiidictiori
the meaning of
reason that it had
4 iirerent -iiiriedie; -
the. territotiat,-
Wing all
.. 'exiting' -
y ender the scile
. .- the United 3
i pprehended'- - and.'
Cites .bi_,territo 7
me 'mantel. an d
fern) I v : iiiieticed; -
urall6 et entire .
e erns complain
'atter whit- -
ssociationP, need
[ violate any cher
al right in regard _ :,
'rritories. It is tt,"
ht all the, Territo
e tnited Statei
eil by the , Barna -
'Luse the Con-
o the ii - pitkose tc;
use to tvhich it is -
le all that imrtion
be set apart •
zessatily, be gov-
ith that clause - of
lorizes ;Congress
not'follotv _that
to be br i glmiieit
in Of _States, mast
clause of this
ghts of self. gov.; ,
- For instance if ,-
ver's Isiand froM: .
e of removing all
e territories'. -Arid •
!(.1 to their perma-
hat it stioul4 new
, white tried; trill
Telma should- be
ed tinder the pocv
was not ‘.sei
intended, to, be
ling aoluired ' , for
to-Indian pupal
ssurne . that tiii.
• d from the Indi
ust bee',f,,isn.rify :
-ii stent with ,Xhat
l b . h relatestold'
) C we should deehi
laud in thelfediter
sea, by a naval
any force orplau-,
houtd be made - or
the power, to ±-- ad.
lontrary, it is, not
'quire and govern
the , power / 1 " to
y," and innst
at power. So :if
arsenals, or other :
art .toad dedieate - _.
• own- fornmilitn'-, :
ely passes under -
ust be governed
. if
. land be
'e governed under"
or, if pu...l.6basteir
,7* •
with, tirerplite
rtt ; fit go. tapatiCiiiitt