Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1860-09-19


in the bred Scott case. Let Us for q moment turn
to the calm enlightened, judicial utterance of the
most august tribunal upon the earth Repeated
applause.l This opinion was concurred in by all
the Judges except two and was uttered by the il (
lustrous Chief Justice Of the United States
mfr. Breckenridge quoted at considerable length
from the bred Scott decision, commenting on the
points maintained in that opinion, and continued as
follows:l ~ III li4
Now. nv fellow citizens what is the authoritative
decision of the Supreme Court Of the United States
to whom we agreed to refer this disputed question
of the power of the Territorial Legislaturei They
decide that the Territories have been acquired and
are held by the federal government, and that the
citizens Of all the States may hold and enjoy their
property in them until they take upon themselves
the functions of soveregnties and are admitted into
the Union. q 49, ~ si. et,-5,..S 8 ~
Nothing less than a State being competent to de-
termine the question Of slavery slavery, they
declare that the citizens enters any Territory with
the constitution in his hand and that the federal
government can exercise no power over his proper
ty there which that instrument has not conferred
and they declare that since the federal government
cannot do It still less it force territorial gov
eminent to exercise those powers which 1t could not
confer upon any local government-a right to dis
tnguish between slave property and other kinds of
property where no distinctions exst-that proper
ty in slaves is recognized by the constitution of the
United States and there is no word in that instru
ment which gives the Congress of the United States
greater power over it which entities that proper
y less protection than any other property and that
the only power that the Congress Of the United
States has, is in guarding and projecting the rights
Of citizens. Language could not make it palmer.
Now have shown you the points of difference
between us, in that hil and the agreement between
the friends of the bill. have shown you the deci
sion of the Supreme Court. We have arrived at
point where there should have been harmony and
peacc-a point agreed upon-thc only point Of diff.
ference had been determined by the highest judicial
authority of the Union. OF course the constitution
al question settled according to the agreement.
The opinion Of the Supreme Court was delivered
in 1857. Everything was quiet until the year 1858,
when the Senator from Illinois (Mr. Dougas) was
candidate for reelection from that State and then,
for the first time in the history Of American politics,
we find the opinion advanced that there was mode
by which the subordinate authorities may over-rule
the opinion Of the highest court in the Union.
Then we find the agreement to abide by the deci-
sion of the cnurt violated by the declaration made
that an insubordinate territorial authority may
fscate or exclude from the Territory the property
of citizens Of the Southern States, without regard
to the opinion of the Supreme Court to the con-
trary.
Tn debate between Senator Douglas and Mr..
Lincoln the former said: 1.-THE next question
propounded to me by Mr. Lincoln is, can the people
Of Territory in any lawful way against the wishes
Of the United States exclude slavery Grom their
ton? answer emphatically, Mr.. L. has heard
me answer a hundred times from every stump in
Illinois, that in my opinion the people Of Territory
can, by lawful means, exclude slavery from their
limits prior to the formation"
That question we agreed, in the ansas-Nebraska
BILL to refer to the Supreme Court and it was de-
cided as have shown you, tho year before this
speech was made by Mr.. Douglas in which decision
they say that neither Congress nor the Territorial
Legislature has the power to exclude slavery. but
its only right and duty is to guard and protect it
| have shown you that Mr.. Douglas agreed to sub
NIT the question to that court and that he acquies
ced in the decision. quote Mr.. ID. again concern
ing what he calls ian abstract question" The
question may he abstract" but it is one involving
the equality Of the States Of this Union, and the
vital rights than one-half of them. APP
plause.
at matters not" says NJ. Douglas, "what way
the Supreme Court may here decide as to the alb
stract question whether slavery may may not go
into Territory under the constitution"
They all looked to the period when they should
come into the Union State, as the time when
the territorial authorities might act on the subject
Of property, and hold exclude the slave property
of the South. Applause. Time will not allow
me to do much more than state these propositions,
but will read short abstracts from the celebrated
report made by the committee Of thirteen, of which
Mr.. Clay chairman, which resulted in the COM
promise measures of 1850. 1t is calm and lucid,
has no clap-trap phrases, and puts me in mind Of
the language used by the Supreme Court
Mr. Breckinringe here quoted from vol. 21st of
the Globe part 1st page 945
He continued: That was the doctrine Of non-in-
PREVENTION in 1850. It was no interference to ex-
clude by Congress, or the Territorial Legislature
but leave the question to be decided BY the peo-
pie when they came to form their State constitution.
Mr. Breckenridge here read from speech Of
Daniel Webster, in which the position is taken that
territorial governments are IN state of pupilage
under the protection of the general government;
that they have no power not given them by Con-
gress that it is duty to provide for the people
Of the territorial governments to secure their peace
to secure property, to assign to them subordinate
Legislative authority; to that the protection Of
their persons and the security Of their property
all regularly provided for; to maintain them in that
state until they grow into sufficient Importance in
point of population to be admitted into the Union
as State, upon the same footing with the original
States
Mr. Breckenridge continued Do you suppose
that Daniel Webster after the opinion of the SUI
preme Court that ] have read to you would have
considered ii becoming in him to point out some
trvance device by which the territorial legisa-
ture could violate the constitutional rights Of South
ern States? Not he nor would Clay, any of
the great and good men who figured in the earlier
days Of your history GCheers.]
The judges and governors Of these territorial
governments are appointed by the President and
Senate of the United States, and paid out of the
public treasury; so that the very legislature which
they invoke to exclude your property from the Ter
rtories is whose daily expenses are paid out of
the treasury, out Of the money to which that very
property contributes by taxation. [Applause The
practice of government has been always different
IMr. D. here entered into an argument to show
that Congress has power to protect property in ter
rtories and in refutaton Of the position recently
taken by the Senator from Illinois, that Congress
had never exercised this power.l The principles
have tried feeby to vindicate here, he continued
the principles upon which the constitutional de.
mocracy stands to-day.
If they the principles of the constitution and
the Union then we are constitutionalsts and Union