Des Arc citizen., 1860-09-12
MT. Breckinridge on Territorial Sove
 reignty.

reignty.
 IL has been the policy of the Douglas organs in the South to show correspon- dence or identity between the opinions held by their chief, as to the powers of a Territorial Legislature, and those enter lained by the leading Democrats in the country. Some of them have asserted and the Opposition press has repeated the charge, that MT. Breckinridge and Judge Douglas stand together on that question The assertion, so far as we are informed. from a speech made somewhere, by the former in 1856, in which he said that he people of Territory had the right to de- eide the question of slavery for themselves. This his interpreters have construed into an admission of the doctrine that Ierri. toriat Legislature has exclusive and sov- ereign power over the subject, when no evidence is adduced to show that the pow CTS of Territorial Legislature were the subject under consideration. But MT. Breckinridge has not left the country in doub, as to his position on this question. He has record on il as clear and pointed as a sunbeam. In December 1859, he was elected by the Legislature of Ken lucky, 10 the Senate of the United States. A, the request of a portion of the Legis- lalure, immediately after his election, he delivered a speech in the Hall Of the House of Representatives upon questions of public interest. A, the time the squat Ter sovereignty" and "unfriendly legIsIa- ton" doctrines of Judge Douglas had been explicitly avowed and were clearly under stood; Mir Breckinridge secuted them as having mo warrant from the Constilu- tisn," and declared that the decision of the Supreme Court in derogation of squater sovereignty, and in affirmance and sup DOT, of the rights of the savehoder, should be upheld and enforced in the Territory l if need be, by the whole Executive and Legislative power of the Government, - Here IS what he said. Read it, and an. swer whether the Southern heart does mol beat responsive to his declaration:
 sThe fact that neither Congress nor Ter. ritoria Legislature can constitutionally ex- clude from. or confscate in Territory, pri- | vate property having been judicially determine 1 ed by the highest court in the United States, | confess that did not anticipate the doctrine of unfriendr legislation in regard to African slaves It has no warrant from the Consttu- | tion. if we recognize the highest judicial in | depreciation of that instrument
 | sIn another part of the same opinion, the Supreme Court points out the duty of the ju. dicial department in its proper sphere --te maintain the constitutional rights of the citi | zen in his person and property In speaking l tt is;t Of l it political question and then hold the fol | lowing language:'
 s' And whatever the political department oi government shall recognize as within the linn 1 its of the United States, the judicial depart | ment is also bound to recognize and admins | ter in it the laws of the United States so fal | as they apply, and to maintain in the territory | the authority and rights of the government | and also the personal rights of property o | individual citizens, as secured by the Consti l tuition. All we mean to Say on this point is 1 that as there is no express regulation in thu | Constitution defining the power which tn, General Government may exercise over tn | person or property of citizen to territory thus acquired, the Court must necessarily Tool to the provisions and principles of the Const
 tuition and it's distribution of powers for th rules and principles by which it's decision must be governed"
 So that in regard to every description O property, including slaves. recognized and re garded by the Constitution, it is the duty O the courts of the country to protect and guart it whenever the question is brought befor them. To which add that every good citi will admit that the decisions of the court within their appropriate sphere must be sus tained and enforced. In common with man. public men, hold that the existing machine ry of our government is inadequate to execut the decisions of the judicial tribunals Bn should the time ever arrive when decision O a competent court on a question of privat
 right is like to fail for want of adequate rem
 edies to execute it, those remedies, executv
 and legislative if need be, shall be afforded or government is failure-and from this con clusion 1 see no escape for any just mind tha
 would uphold the authorities of the country | LColumbns (Georgia) Times