Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-09-11
solves the functions of sovercigntics, and nrc

TO determine the question Of slavery or no sla'e'
~, they declare that the citizen enters my
Territory with the Constitution in his hand
and that the Federal Government call exercise
no power over his property there which that
instrument has not conferred; and they declare
that since the Federal Government cannot do
II sill less can it force a Territorial Govern
ment to exercise those powers which It could
not confer upon any local governmental right
n distinguish between slave property and other
1 kinds of property where no distinctions exist
that property in slaves is recognized by the
Constitution of the United States. and there IS
m word in hat instrument which gives the
Compress of the United States greater power
over it, or which entities that property 10 less
nrotection than any other property, and that
Tho only mower that the Congress OF the Uni
ted States has, is in guarding and protecting
the rights of citizens. Language could not
make it palmer.
have heard it said that the case which went
70 the Supreme Court Of the United States was
not the case which went from the Territories,
but n case that vent from q State; and there
fore nobody is bound until Il case comes from
n Territory and is regularly taken up. reply,
we agreed to refer it TO the supreme judicial
tribunal upon any case properly arising anu
cu,nIu. before that august body. II WRs a
proper case and properly decided by this court.
il covers the points Of difference between The
friends or the Nebraska bill. . Ii is candid,
clear and statcSrnanlIke.
Now | have shown you the points OF ditler.
cncc between lis, in that bill. and the agree
mrnt between the friends Of the bill. | have
shown you the decision Of the Supreme Court.
We had arrived ut 4 point where there should
have been harmony and peacc-a point agreed
upon-the only point Of difference had been
determined by the highest judicial authority
If the Union. Of course the constitutional
question was settled according to the agree
ment.
The opinion of the Supreme Court was de
liyered in 1857. Everything was quiet lntI!
the year 1865, when the Senator from Illinois
Mr.. Douglas) was Il candidate for reelection
from that State, and then, for the first time in
the history of American politics, we lind the
ouiuiop advanced that there WIS i mode hy
which the subordinate authorities may over
rule the opinion OF the highest court in he
Union.
Then we find the agreement to abide by the
decisions Of the court violated By the drclara-
ton made that an insubordinate territorial au-
thority may confscate or exclude from the ter
ritory the property Of citizens Of the Southern
States, without regard 10 the opinion OF the
Supreme Court to the contrary.
In u debate between Senator Douglas and
Mr. Lincoln, the former said: The next Ques-
ton propounded to me by Mr.. Lincoln is, can
the people Of a Territory in any lawful way,
against the wishes Of the United States, en-
clude slavery from their limits prior to the Tor.
nation of The State Constitution: answer
emphatically, as Mr.. L. has heard me answer L
hundred times from every stump in Illinois,
that in my opinion the people OF a Territory
can, by lawful means, exclude slavery from
their limits prior TO the formation Of IL State
Constitution"
That question We agreed, in The kansns.Se
brasku bill, to refer 10 the Supreme Court, and
it vas decided, as | have shown you, the
year before this speech was made by Mr.,
Douglas, in which decision they suy that nci-
Their Congress nor the Territorial Legislature
has the power to exclude slavery, hut its only
right and duty is to guard and protect it.
have shown you that Mr.. Douglas agreed 10
submit the question 10 that court, and that he
acquicsccd in the decision. ] quoted Mr. D.,
again concerning what ne calls MI abstract
question" The question may be abstract, '
but it is one involving the equality OF the
States Of this Union, and the vital rights OF
more than one half Of them. lApplanse.I
at matters not" SAYS Mr.. Douglas, what
way the Supreme Court may here decide as to
the abstract question whether slavery may or
may not go into a Territory under the const'-
tuition"
They all looked 10 the period when they
should come into the Union AZ j State at the
L.. ,l,o. - ,a..,,o -;,I o,,,6oritipr ,nitlf ort
on the subject Of property, and hold or eNciudo
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
was chairman, which resulted in the compr0-
mise measures Of 1850. 1t is calm md lucid,
has no c~lap.trap phrases, and puts Inc III iil.d
of the language used by the Supreme Court.
[Mr. Breckenridge here quoted from vol. elst
of the Globe, part lst, page 945.
lie continued: That was the doctrine Of non.
Intervention in 1850. 1t was no interference TO
exclud. by Congress, or the Territorial Legls.
lature, but to leave the question 10 be decided
by the people when they came to form their
State constitution.
fMr. Breckenridge here read from Il speech
OF DallSl W cOSlcI, III WIZ ~ lp'ie'''' 10
taken that territorial governments are in u state
Of pupiage under the protection OF The general
government; that they have no power not
given TO them By Congress; that it is our duty
to provide for the people OF tie territorial gov
crnments; TO secure their peace, to secure their
property, to assign to them n subordinate leg
i~slative authority TO see that the protection
Of their persons and the security OF their pro-
perry are oil regularly provided for to main
tain them in that state until they grow into
sufficient importance in point of population TO
be admitted into the Union as n State, upon
the same footing with the original States.
Mr. Breckenridge continued: Do you sup
pose that Daniel Webster. after the opinion oI
the Supreme Court that ! have read 10 you.
would have considered it becoming III him to
point out some contriyancc or device by which
! the Territorial Legislature could violate the
constitutional rights Of Southern States: Not
he; nor would Clay, nor any cf the great and
! good men who figured in the earlier days Of
Your history. Cheers
The Judges and Governors Of these Terr:tori-
al governments arc appointed by the President
and Senate Of the United States, and paid out
of the public Treasury; so that the very Lcgis.
lature which they invoke to exclude your
property from the Territories is one whole
daily expenses arc 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 differ
ent.
IMr. B. here entered into an argument 10
show that Congress has power to protect
property in Territories, and in refutation Of the
position recently taken by the Senator from
illinois. that Congress had never exercised this
power The principles | have tried leebly to
| yiudicate here, he continued, are the principles
upon which the Constitutional Democracy
stands to-day.
If they are tie principles Of the Constitution
! and the Union, then we ure constitutionalIsts
and unionists. iCries of that's so."J And
vet, for two or three months you have heard
. LID and ;ncnsSaut clunnr ihnt I and thnsc