that this Government proposes to acquire new territory in
any way. I have said that the Supreme Court in the Dred Scott case
decided that the words "the territories" in the Constitution only
applied to the then existing territory. I think they decided wrong in
this respect, though I agree to the correctness of the decision in
that case in the main; but such as it is, the decision is binding
upon this Conference and the people.
Mr. JOHNSON here read a portion of the opinion of Judge TANEY
delivered in the Dred Scott case, and continued:
You perceive that Judge TANEY turns the question upon the construction
of the word "the." Had the word "any" been used in its place, he must
have held that the provision applied to future, as well as the then
existing territory.
Knowing that it was the purpose of the majority of the committee to
exclude future territory from the operation of this proposition, and
that it was due to the committee and the Convention that their
purposes should be carried out, I offer my amendment as applicable to
the sixth line of the proposition as well as the first.
In discussing the merits of this report, in its application to the
existing condition of the country, I have to say a word to my Southern
friends. You have sought to extend this provision to territory which
shall be hereafter acquired. You have had a decisive vote and have
been beaten in this Conference. The fight has been a fair one; the
question has been thoroughly understood. We ought to acquiesce in the
decision of the majority. We cannot change this decision if we would;
and if we could change it, the proposition amended as you would prefer
to have it, would never pass Congress. The repeated action of that
body, during its present session, shows this conclusively. Accepting
this decision then, as definitive, can we not settle the question with
reference to existing territory? Shall we settle it? Settle it
fairly--recognizing and acknowledging the rights of all, and remain
brethren forever with the Free States! From my very heart, I say yes.
(Applause.) The proposition as it now stands covers all the territory
we have. The whole ground, the whole trouble, which has brought this
country into its present lamentable condition--has arisen over this
question. I believe if it had been disposed of or settled in some way
before, many States would have been kept in the Union that have now
gone out. And why should we not settle it?
We hav
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