The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
The Senator tells us that he will abide by the decision of the Supreme
Court; but it was fairly to be inferred, from what he said, that, in the
Dred Scott case, he held that they had only decided that a negro could not
sue in a Federal Court. Was this the entertainment to which we were
invited? Was the proclaimed boon of allowing the question to go to
judicial decision, no more than that, one after another, each law might be
tested, and that, one after another, each case, under every law, might be
tried, and that after centuries should roll away, we might hope for the
period when, every case exhausted, the decision of our constitutional
right and of the federal duty would be complete? Or was it that we were to
get rid of the controversy which had divided the country for thirty years;
that we were to reach a conclusion beyond which we could see the region of
peace; that tranquillity was to be obtained by getting a decision on a
constitutional question which had been discussed until it was seen that,
legislatively, it could not or would not be decided? If, then, the Supreme
Court has judicially announced that Congress can not prohibit the
introduction of slave property into a Territory, and that no one deriving
authority from Congress can do so, and the Senator from Illinois holds
that the inhabitants derive their power from the organic act of Congress,
what restrains his acknowledgment of our right to go into the Territories,
and his recognition of the case being closed by the opinion of the court?
I can understand how one who has followed to its logical consequences the
original doctrine of squatter sovereignty might still stand out, and say
this inherent right can not be taken away by judicial decision; but is not
one who claims to derive the power of the territorial legislation from a
law of Congress, and who finds the opinion of the court conclusive as to
Congress, and to all deriving their authority from it, estopped from any
further argument?
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