The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1860-09-05
From the National in,eliigeneef.
THE TEST QUESTION TESTED

" The people Of the South do not mean to
be put off this time with any doubtful or
vague construction. We will ask that every
thing in our platform be put down plainly
and clearly" Senator BENJAMIN.
We propose to-day brief inquiry into the
merits OF what the Southern Democracy call
/" the leading issue Of the present Pesiden.
tial canvass
When called some weeks ago to review,
under the head Of " Pa,ties and their Prin.
ciples," the policy and programme Of the
Constitutional Union movement in regard to
the vexed question Of slavery in the Terri
tories, we took occasion to remark that The
practical relations OF this subject were sn
irresersibly settled by the existing laws Of
Congress or of Nature that no foundation
was left tor the agitation sought to be perpet.
uated in the name Of either the Republican
party at the North or of the Breckenridge
Democracy at the South.
In confirmation of this statement, so far
as concerns the latter organization, We al.
lyerted to the fact that when IN the discuss
sinns had in the Senate of the United States
at the late session of Congress on the reso,
iutions introduced by Mr.. Senator Davis, il
was proposed BY his coleage, Mr.. Senator
Brown, that Congress should intervene for
the protection OF slave property stricken
down by the Territorial Legislature Of Kan
sas, the proposition received only three pofes.
SO feeble was the support commanded by a
practical question arising under the theoret-
ical resolution which formed the subject Of
debate.
As the Breckenridge Democracy found their
peculiar claim to the confidence and support
of the slaveholdiag States on the ground
that they alone represent principle " vital
TO the South" it becomes orr duty, perhaps,
to inquire a little more narrowly into the
Justice of this pretenslon, and this we shall
do without conceding at all the propriety Of
any appeals addressed peculiarly to the
Soufhern rather than to the Northern States
Of the Union. Yet since such appeals are
made. they challenge the scrutiny Of those
TO whom they are directed, that their precise
significance and value may be accurately
estimated BY the parties Immediately con,
cerned.
We cite. then, from the platform OF the
Breckinridge Democracy The following reso.
luton:
Resoiuea. That il il the duty of The
Federal Government in all its department.
to protect, rhen necessary. the rights Of per-
sons and property in the Territories and
wherever Else its constitutional authority
extends"
/ As this declaration does not commit the
BreckInrldge Democracy to the general
principle of protection" as being Of uni,
versal obligation on the Federal Govern,
ment, but suspends its particular exercise
upon the emergency ot a contingent neces
sIty, i becomes important 10 ascertain the
precise force and effect Of the words wher
necessary" which evidently contain the
whole gist OF the proposition. considered il
It's practical relations. Fortunately for lhi.
purpose, we are not lett without the light o
contemporaneous history in regard to III,
construction which should be placed on thi
language, as modifying and restraining tn
theoretical principle asserted.
IL will be remembered that the fifth reso
luton OF the series introduced and adsoca
ted IN the Senate at its last session by Mr.
Davis, Of Mississippi, was conceived in III,
following words:
" Resolced. That II experience should a
any tune prove that tie Judicial and Execu
tive authority do not possess means 10 insur,
adequate protection to constitutional right
IN Territory, and # the Territorial Gov
! eminent should fail or refuse 10 provide ne
, cessary remedies for that purpose, Il wM 0
The duty Of coagress 10 supply such def
: cheney"
Il will thus be seen that these terms EN-
brace precisely the same proposition as i
ANNOUNCED IN the resolution Of the Breckin.
ridge platiorm--declaring it the duty q
Congress. a. une department Of the Fedora
Government, TO take measures for the ade
quaie protection &c /" constitutional right
IN Territory il experience should at an
time prove that the Judicial and Rxecutiy,
authority are not equal 70 the task.
Now, i 80 happened that, while these re
solutions were pending. a case in point wa
brought 20 the notice Of the Senate by VIZ
Brown. II Mississippi. who signalized III
notorious insecurity OF slave property in III,
Territory 81 Kansas, as afFording 4 gaat
opportunity ~ Indicate what was meant Il
BE- dune under this resolution g at any time
~ order To test this question he therefor
moved The following substitute as an amend
nrnt TOR the proposed abstract declaration /;
/" RssoiUtd, That experience hiring AFRAID
siorn that the Constitution and the commui
Law, anailed by statutory provision, do no
afnrd adequate and splicient protection /,
slave property. some Of ne Territories hariai
failed, Others hdUing refused, 10 pms such en-
: octmerts, Il has become Tie duiy Of Coag5es
TO interpose and pass such laws A. will aifart
to slave property 10 the Territories that pr0
feetion which - given to other kinds of pro.
perry
The yeas and nay, being demanded or
the adoption Of this amendment, IL was de.
eided IN the negative BY the following vote
Ysss-Nrs-r.. Rf0sa, johnson u Arbsnsss. au,
MslHy-J.
u NaYse-dsssrs. Benjstain. BIGGER. Bssrr. Bfrh,
chssnai. Ci.fk. Ii1y. Clinansn. Gftisndes, Davis
Disa1. Ds9iiiils Pi,1psinek Po,s. Poster, fi,.sn
Gline.. ,isiB. H,mIin. Hsdsn. HemphilI. Hunter
ivsss,B. JObn.on d TeBss..ee Lane 1.sthsn. Mason
Nicholson. PesFre. Polk Powell. parh. Rice. sel.a.
iifa. Si8ell. fen Eyck Thomson. Toymbs. Ttgmsull
/ WigfsiL Wilson. and Yuee-42.
~ ihs amendment was rejected. BIT i