Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1860-09-19

one thousand dollars and in order that this question
might be tried before the Supreme Court, clause
was inserted to meet the contingency. During the
period between the passage Of that bill and the de-
cison of the Supreme Court, all persons on each
side entertained their own opinions.
We in the South held that the Territorial Legs
lature did not have the power. Mr. Douglas and his
friends held that the Territorial Legislature did have
the power We suspended that question and referr-
cd it by bill to the Supreme Court of the United
States to determine the constitutional question
therein involved.
There was a body to whom we could refer the
question, and we thought it unnecessary further to
debate it. each party agreeing to acquiesce in the
decision as rendered BY the said body. / think
that is pretty plain statement on that point.
make it to show that there was q vow taken by the
southern friends of the measure in Congress- and
among them VOW taken by your humble speaker,
to support the decision.
Mr.. Breckenridge here read some extracts from
his speech delivered in the House of Representatives
in 1854 We were willing, he continued, to have
the question decided by the courts of the United
States. Again, say it was commended, upon the
one hand, upon the idea of the equality OF the
States under the constitution and their common
property IN the Territores that the citizens OF the
slavcholding States may remove to the Territories
with their slaves and there legally hold them until
the Territory is resolved into State.
In that capacity it may exclude Them On the
other hand it is said that slavery, being in conflict
with common right, exist only by the force OF
positive law and it is denied that the court ever
furnished the law. l said that we demand that all
citizens of the United States shall he allowed to
enter the common Territory. with the constitution
alone IN their hands, for that instrument protects
the title of the master to his slave in this common
Territory. You cannot complain if it does not pro-
tect his title. We ask no help from Congress. IL
difficulties occurred we were to let them be submit
ted to the court.
Now, upon my own personal vindicaton, the doc
trines announced by me in that speech We're just
such as | have ever declared in the commonwealth
of Kentucky, such as have ever declared in every
public address that | have made in Ohio, Indiana,
Michigan and Pennsylvania Afterwards, when it
was understood that had been charged, or that l
had admitted that this powor belonged to the Terri
torial Legislature in the month of September or Oc
tober 1856, the editor of the Kentucky Statesman,
published in this city alluding to this charge made
the following statement, to which beg leave to re-
fer yon. Mark you, this was before the presidential
election of 1856.
Mr.. Breckenridge then read from an editorial in
the Kentucky Statesman of October, 1856, in which
it was stated that during his tour through Indiana
and Ohio. he (Mr. B avOwed the sentiments he had
often proclaimed in Kentucky and which are already
embodied in the Cincinnati PLATFORM that he denied
that the democratic party was, in its federal rela
tons, proslavery party; that it was neither such
party nor an ant-slavery party; that it negatved
the interference of the federal government whether
to introduce exclude slavery, and left the Terri
tories open to common settlement from all the
States; that each State entitled to form its
constitution, and enter the Union without discrimi-
nation by Congress on account of its allowance or
prohibition of slavery, and that the statement that
Mr.. 3. advocated squatter sovereignty was untrue
Mr. Breckenridge then continued. In the autumn
e
tanning remarks made by Gen. Mills, who
heard my speech in which he denied that had ad-
mitttcd this doctrine of the territorial power. He
sent me slip containing his speech. In the same
month, before the presidential election answered
him. sayng-IIands off of the whole subject by the
federal government except for one two protective
purposes mentioned in the constitution; the equal
rights of all sections the common territory, and
the absolute power of each State to settle the
question in its constitution. These are my doctrines
and those of our platform, and what is more, of
the constitution Cheers. Now, fellow citizens,
against the statement of that distinguished Senator,
in which he undertakes to prove allegations against
myself by himself l thus oppose my own state
ment
Next in proof I read to you from my speech in
1864 in Congress; the article in the Lexington pa
per before the presidential election the testimony
of Gen. Mills who heard that speech at Tppecanoe,
| and my own letter in answer to the latter gentle
mans, containing my opinion OF the question at that
time, and what has ever since been nv opinion
| IA voice-Now you are talking] think have
proven as fully could be expected in the limits of
speech, that the charge is unoundcd in fact, and
I will add that the position assumed was thai
! taken by all the Southern friends of the Nebraska
BILL and by portion of its Northern friends. These
| were private opnions-these opinions
urged on all proper occasions, but did not un-
dertake to force all others to agree to them
We had agreed to refer that to the highest tribu-
nal in the Union Now, gentlemen having vind
Gated myself and the Constitutional Democracy from
the charge of having abandoned the position they
took in 1926, turn upon my accuser, and un-
dertake to show that he himself abandoned the
agreement he solemnly made at the time the
Kansas-Nebraska bill passed the Congress of the
United States, [great applause, and do not make
myself witness against him to do it. will prove
it by himself Voices. good good" and applause
On the I'd of July, 1885, in the debate upon bill
to authorize the people of Kansas to form consti-
tuition preparatory to admission into the Union a
State when the question arose as to what was the
true meaning of the ansas-Nebraska bill, and the
Limitation of the power of the Territorial govern
| mcnt Mr.. Trumbu offered the following amend
ment as an additional section to the bill:
"And be 1t further enacted, That the provision
in the act to organize the Territories Of Nebraska
and Kansas, which declares it to be the true intent
and meaning of said act not to leeisate slavery into
any Territory State, nor to exclude it thererom,
but to leave the people thereof perfectly free to form
and regulate their domestic institutions in their own
way subject only to the constitution of the United
States, was intended and does confer upon leave
to the people of the Territory of Kansas full power
at any time, through its Territorial Legislature to
exclude slavery from said Territory to recognize
or regulate it therein"
That was Mr. Trumbu!ls amendment against
which an overwhelming majority of the Senate vo-
ted including Gen. Cass and Senator Douglas. Let
me, however, do Mr. Douglas the justice to say that
he voted against that amendment not because he did
not believe the territorial legislature had the power
to exclude slavery from the territory, but because
he did not believe it was consistent to decide the
question legislatively which they had agreed to
leave 10 the Court.
Gen. Cass said Mr.. B. here quoted from Genera
Cass to show that the North and the South differed