Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1860-01-13
For President in 1860.
aE- Mr.. Breckenrid,


ss5- Mr. Breckenridge, who is an aspirant for
the Presidency proves his want of devotion to the
South by taking the position that the courts are
competent to the protection of slavery in the Terri
tories and therefore federal legislation is neccs
say. None but the fire eaters demand slave code,
nor is necessary so long as territorial Legsla
lures conform to the Constitution and the laws Of
Congress- but failing to do this, where is the re-
medyH In Congress alone, because under the Con-
stituton, Congress is the only recognized LegisIa-
ture Of the Territories and any act Of such eeisla
tive body, not rescinded by Congress is construc-
lively, an act Of Congress The past history of
territorial governments confirms this view of the
subject, and no other opinion ever prevailed until
demagoguery invented squattcr sovereignty; and II
this opinion be the correct one the courts can afford
no protection and the remedy is in Congress or no
where. And if It can be demonstrated that Con-
gress has no power to annul an act of a territorial
Legislature establishing prohibiting slavery, IT
must follow that the clause of the Constitution
granting such power is nullity, and that terri
tory is, from the moment of its organization, as
sovregnas State aud that the President in appoint
Ing officers for such sovereignty, is guilty of high
handed usurpntion.
II the Territories are independent sovregntes
Congress has nothing to do with their internal
regulations and the President no right TO appoint
their officers; but if they are not sovereign, upon
whom or what are they dependent? Not upon the
courts because their Jurisdictions simultaneous with
legislative enactments; and If upon Congress then
upon that body devolves the duty of furnishing
remedy for every territorial invasion or evasion of
Of the Constitution and the laws, and should such
remedial measure be resisted the parties resisting
arc rebels and must be put down by force instead
Of Judicial DEGREES. But to Try the question by
another test, let us Suppose with the President that
Territory, like State, has right to regssste its
own Domestic institutions in its own way and then
see how the theory of Breckenridge will work in
practice. Suppose the Legislature of Nebraska
passes law prohibiting slavery within its borders
and STAKEHOLDER appeals TO the court for the pro-
lection Of his property, what must be its decision
in view Of the sovereignty claimed for il by the
friends of Buchanan and Douglass? The court
must decide against the STAKEHOLDER because the
law is its only guide 1t can not decide that the
law is unconstitutional because the Territory is as
sovregn as State, and Congress has so determn-
cd II. Where, them is the STAKEHOLDER to find pro-
lection 2 Neither Congress nor the courts can
afford it, II the Territories be sovereign and of not
sovereign Congress alone afford it because it is
Then virtually and of right Che Legislature of the
Territory and should repeal the law. 1t is sheer
nonsense them for the South to look for protection
in the Territories so long squatter sovereignty is
recognized as the true theory of territorial gov
erhfnent; and the men who concedc this theory
and still demand protection, bctray the South by
yielding all, and then try to gloss the treason ard
and concilate the victim by insisting spoh the
absurd demand
But II is argued br some that the Constitution
carries slavery into the Territories and thereby con-
iers upon the courts the jurisdiction to protect it
there. The Constitution carries slavery nowhere,
hut toremtes il anywhere and upeA territory be-
longing to the United States, it ean be prohibited
only by the people when erecting such territory
into sovereign State, This is the original and
true doctrine and were il recognized at this day
and we!e the Territories still governed by Congress-
@s they should be, then the federal courts would be
N"h1'N'e"' '" NV Piuleclion OF slavery IN them
But this doctrine has been subverted, and with the
sovereignty OF the Territories ceases the jurisdiction
Of Che courts over this subject so soon as prohbi.
tory or unfriendy laws are enacted. If, then. tn,
South comedies the sovereignty of the Territories ia
demand for the protection of slavery by the courts
or even by Congress is not only absured but insul
ting; and IL it would make such claim valid ant
just Il mast first repudate squatter sovereignty ant
then bring the Territories under the rule of CON
gress, where the Constitution places them u wa
the knowledge that Congress must protect SLAYER,
in the Territories long as II legisates for Them
which first suggested to porthem demapopues IN,
idea OF making them independent under the ru,
{" squatier sovrcigntyi and the South, having fall
len into the trap set for it, seeks to escape by in
venting the most absurd theories and insisting upo,
their recognition Instead of acknow se,sptnp n
folly, and Fastening to repair the mischief il ho
DONE by returning to the wiser practice Of othe
day.