Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-09-14

In THE following communication .
Breckenridge msn gets after Gov. Kirk
wood, and seems to demolish bis weak
position with arguments to which we
propose to turn our attention at the
proper time. 1t is not only possible
that both gentlemen may be wrong but
to our minds highly probable
EDIross OF TUE DxnoCRAr AND NEws-Genn
10 the OazeAe Of the 9Th inst | zee cor
respOndencs between LIE Grand Byington and
me Excelleney, Gov. KIRK wood. which, being
published Tor political effect, ! take 1t fo'
granted that the public have the right to re-
view 1t. with the view Of testing TIE accuracy
Ut the statements therein contained. His Tx
celieney, 10 his reply to Mr.. Bhing,op. msser
the follow statement ~ believe that tht
uen Who made the Constitution and the Met
vino received it from their hands and put 1t 10
motion updsrstood that instrument better than
Nr Fierce and Mr.. Buch ,nan. than Mr.. Doug
Ias and Mr.. Breckinridge-I know that those
men Who for many Years followed them 10 the
contro. of our National Government, believed
and acted upon the belief That Congress had
power TO prohibit slavery in the Territories.
NOW Win dfI que OeicTcuCc " ZIG oOvctuos
and his teaching, permit me to say, 10 the
xindest n mn er possible, that he kno VS. such
hing; that his mind 10 too highly embei-
,shed with the rich stores of our country's his
tory to commit 50 great bluBd.r. No! he 10
presuming upon the ignorance OF the readers
Of the Gazette, thinking they will confou"d
he action Of Congress under the old articles
IF confederation, and under the Constitution
before its Amendment with the action OF Con
1ress after Its amendment. As member oil
the Breckinridge party. believe, and trust
am with the party in the belief that the 10th
Sect. of the amendment OF the Constitution
lakes from the United States all power not ex-
pressly giv.n to the U 5. by the Constitution;
that since tue adoption Of that section, Con
sre-s has not ''prohibited slavery in tie Terri-
tories" ualess passing the law known - thu
Missouri Compromise may be construed,
which has been. by one of the coordinate
branches Of the Government, declared uucon-
sututionsl and repealed by another. Before
III adoption Of said su. ndment Congress
enacted the Ordinance Of 81. which IT, pr.
sumo, the "prohib!tion" referred to by his Ex
cellency.
The Governor further Gays. 1.-THE Breckin.
ridge factiou! (Factiun - Does his Ercei
iemcy s,oop so low as to call names p directly
rerrltories!! Permit me 10 remind the
Governor that the Brecki ridge party h-
vor no such thing, that they "believe
and act upon the belief" that the 10th
section, which reads as follows -" The
powers not delegated to the United States BY
The Constitution nor prohibited by it to the
States, are reserved to the States respectively,
or to the people"-takes the slavery question
from Congress- an from the Terrtor and
gives it to the Estates" aud Ito the people"
precisely as said section reads. to the States IN
their sovereign capacity, not while Territories.
but alter they shaii have become "Statet," and
to the people in their sovereign capacity doubt
less in convention assembled.
Had the convention that framed said amend
ment intended to have invested Ter itories
With the reserved power, they would have said
the 20 ers not delegated to the United States
Ivy the Constitution, Lor, etc. are reserved to
the States and Territories respectively or to
the people" Myself. and l presume every
member of the Breckenridge party, not "f,c-
ton. in reading said section. and not finding
the word Territory coupled with the word
States or the people" necessaril, come to the
inevitable and sane conclusion that the trainers
OF said section did not intend TO inves. the Terri
tories with the seived power. but did Intend to
give it to the States and people.
Aud as that section was gotten up with the
express view Of taking all power from the gen.
eral government, except that given by the
Constitution, and giving it to the States aud
the people, the lireckir ridge party do "be
,ieve in the idea" that C. gress and the Terri
tories have no power but that given by a fair
and liberal construction Of the Constitution;
and not finding it anywhere set down in that
| instrument, that Congress and the Territories
| shall have the power to legislate for the Terri
tories, or of and concerning slavery in the
Territories They believe that "sll the Terrific
ries" must wait until they become States. Then
and not till then can they constitutional exer-
Else that reserved power.
Yours truly, J. w. G.