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

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cision Of the Supreme Court of the United states
to the calm enlightened, judicial utterance OF the
most august tribunal upon the earth lkepeateG
applause. This opinion was concurred in 6y an
the iudges except two, and was uttered by the IL
lustrous Chief Justice of the United States
IMr. Breckinridge quoted at considerable length
from the bred Scott decision. commenting on the
points maintained in that opinion, and continued as
follows:l
Now INV fellow citizens, what is the authoritative
decision Of the Supreme Court Of the United States
to whom we agreed to refer this disputed question
of the power Of the Territorial Legislature? They
decide that the Territories have been acquired and
are held by the federal government, and that the
citizens of all the States may hold and enjoy their
property in them until they take upon themselves
the functions of soveregntes, and are admitted into
the Union.
Nothing less than State being competent to de-
termine the question of slavery slavery, they
declare that the citizens enters any Territory with
the constitution in his hand and that the federal
government can exercise no power over his proper
ty there which that instrument has not conferred,
and they declare that, since the federal government
cannot do It. still less it force territorial gov
eminent to exercise those powers which it could not
confer upon any local governments right to dis
tnguish between slave property and other kinds OF
property WIlCTe no UISLIuClOilS tASC-IiIdt
ty in slaves is recognized by the constitution of the
United States and there is word in that instru-
ment which gives the Congress of the United States
greater power over it. which entities that proper
y oless protection than amy other property and that
the only power that the Congress of the United
States has, is in guarding and protecting the rights
of citizens. Language could not make it palmer.
Now have shown you! the points of difference
between us, in that BILL and the agreement between
NAIl- L.. Ia
sion of the Supreme Court. We have arrived at
point where there should have been harmony and
peace-a point agreed upon-the only point of diff
ference had been determined by the highest judicial
authority of the Union Of course the constitution
al question was settled according to the agreement
The opinion of the Supreme Court was delivered
in 1857 Everything was quiet until the year 1858,
when the Senator from Illinois (Mr. Dougas) was
candidate for reelection from that State, and then,
for the first time in the history of American politics,
we find the opinion advanced that there was mode
by which the subordinate authorities may over-rule
the opinion of the highest court in the Union.
Then we find the agreement to abide by the deci-
sion of the court violated by the declaration made
that an insubordnate territorial authority may con-
fscate or exclude from the Territory the property
of citizens of the Southern States, without regard
to the opinion of the Supreme Court to the
trary.
In debate between Senator Douglas and Mr..
Lincoln, the former said: 1.-The next question
of Territory in any lawful way against the wishes
of the United States, exclude slavery from their
limits prior to the formation of the State Constitu
ton? I answer emphatcally, as Mr. L. has heard
me answer a hundred times from every stump in
Illinois, that in my opinion the people of Territory
can, by lawful means, exclude slavery from their
limits prior to the formation"
That question agreed, in the Kansas-N ebraska
bill. to refer to the Supreme Court and it was de-
cided, as | have shown you, the year before this
speech was made by Mr.. Douglas in which decision
they say that neither Congress nor the Territorial
Legislature has the power to exclude slavery. but
its only right and duty is to guard and protect it.
l have shown you that Mr. Douglas agreed to SUBJ
nit the question to that court and that he acques
ced in the decision. 1quote Mr.. D. again concern
ing what he calls Tan abstract question" The
the equality of the States of this Union and the
vital rights or more than one-half of them. APP
plause.
1t matters not" says NJ. Douglas, what way
the Supreme Court may here decide as to the alb
stract question whether slavery may or may not go
into Territory under the constitution"
They all looked to the period when they should
come into the Union State, as the time when
of property, and hold or exclude 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 COM
promise measures of 1850. It is calm and lucid,
has no cap-trap phrases, and puts me in mind of
the language used by the Supreme Court.
Mr.. Breckinringe here quoted from vol 2lst of
the Globe, part 1st page 945.
He continued: That was the doctrine of non-in-
tcrvention in 1850 1t was interference to ex-
cludc by Congress, or the Territorial Legislature
but to leave the question to be decided by the
pie when they came to form their State constitution
Mr.. Breckenridge here read from speech of
Daniel Webster, in which the position is taken that
territorial governments are in a state of pupilage
under the protection of the general government;
that they have no power not given them by Con-
gress; that is duty to provide for the people
of the territorial governments to secure their peace
to secure property, to assign to them subordinate
Legislative authority; to that the protection of
their persons and the security Of their property
all regularly provided for; to maintain them in that
state until they grow into sufficient Importance in
point of population to be admitted into the Union
as State, upon the same footing with the original
States.
Mr.. Breckenridge continued: Do you suppose
that Daniel Webster, after the opinion of the Su-
preme Court that | have read to you, would have
considered it becoming in him to point out some con-
trivance device by which the territorial legisa-
ture could violate the constitutional rights of South
ern States? Not he; nor would Clay, nor any Of
the great and good men who figured in the earlier
days of your history. [Cheers.]
The judges and governors Of these territorial
governments are appointed by the President and
Senate of the United States, and paid out of the
public treasury so that the very legislature which
they invoke to exclude your property from the Ter
the treasury out of the money to which that very
property contributes by taxation. [Applause] The
practice of government has been always different
! Mr.. B. here entered into an argument to show
that Congress has power to protect property in ter
ritories and in refutation of the position recently
taken by the Senator from Illinois, that Congress
had never exercised this power.] The principles
have tried feebly to vindcate here he continued
are the principles upon which the constitutional de