The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-09-06

BY that august tribunal Upon this constitutional quss
tion let prove that there such agreement
Ordinarily bin cannot DO taken from Territorial
court through the Supreme Court OF the Omitted
States until the matter in controversy amounts
to u 00 and in order that this question might DO tried
before the Supreme Cour clause inserted TO meet
the contingency and another during the period BE-
tween the psssage Of that bin the decision Of the sa
preme Court All persons each side entertained their
opinions We in the South held tnat the Territorial
Legislature did bave the POKER. Mr. Douglas and
his iends held That The Territorial essiatare did have
the power We suspended that qnestca aud referred u
by bill 10 the Supreme Court or the Cnited States 70
determine the constitutional question: therein Involved
There was now body 10 whom could refer the
question, and thought unnecessary further 70 debas
H. each party agreeing 70 acquiesce 10 the dscsion ~
rendered BY said body. think that - pretty plain
statement that pcrt and make II 10 show that there
taken BY the Southern friends Of the measure
Ccngrerr among them ycur humble spe Z, support
the decision (Nr Breckenridge here read come extracts
from speech delivered the Houe Of Representatives.
in 1884, We willing he continued " have the cues
zion decided in the Coar Of the United States Again,
ray that il contended upon the hand upon the
idea Of the equality Of the Slater under the ccnstitu
ton, and their common property in the Territories,
to the Territories with their slaves and there -gsy
hold them until the Territory is resolved into tats, and
in that capacity exclude them. On tho other hand II
aid that slavery being IN conflict with common right,
can only by force Of positive ax and 1t Ia dcrc,
that the courts furnished the law. said that we
demand that all citizens Of the United States hs allowed
territory With the constitution alone
IN their nands for that instrument protects the title of
tho master TO his slave in this Territory You
cannot complain II does not protect bis ts We ask
no help from Congress difficulties occurred, We will
let them be submitted 10 The courts.
New rpcn my own personal virdicsiion the doctrines
anncupcea BY IN that speech as svch ~ have
ever declared IN the Commonwealth Of Kcnircky-such
have declared In every pnbli address which
have made IN oaio Indiana Michigan and Pennsy yana
Afterwards, when u was understood that ] had been
charged with Il, reported 70 have admitted ;hA,
this power belonged 70 Territorial Legislature. In
the month Of September 1855 the editor VI the Kentucky
oi,span published IN ths city, abiding % tas charge,
made tho following statement, TO which Deg icavo to
refer cr. Mark you, .hs before the Presidential
election Of 1860
Mr. mecrirridgs then read from an cd,snr,s, In the
Kentucky State.man Of October, 1885, in which il
stated that during bis tour through Indiana and Ohio that
he mr.. BreckIpriJgsl svo~ed the sentiments he hsd
often proclaimed kentucky, ana which are clearly
bodied ID the Cincinnati platform tina: ne denied that the
democratic party vas in is federal reatIoos apro sls
very party; tina, was psi,he' such party nor an anti
slavery PARTY; that rejected The interference u the
federal government either TO Introduce or exclude
slavery that len tho Territories open
10 common settlement from ali The stAies that
each State was entitled ~ form s own constitution and
enter into the Un;on without discrimination By Congress
on account or prohibition Of slavery and
49, hat ha .dgcN
"squatter scvereseptyn was untrue.
Mr.. Breckinridse contDued-In the autumn Of the
sams year ] received . Louisiana paper containing
remarks made BY General Mills, who heard my
speech, In which no denied that had admitted
this doctrine OF the Territorial power. He sent me
. slip containing his speech. In the same month,
basore tho Presidcns.ae election, answered him sayng,
hands or The whole subject by the federal goysrnos0
except for one or protective purposes mentioned In
The constitution the equal right OF all sections In the
Territories and the absolute power Of each
State settle the question In e constitution These my
DOCTRINES and those Of PLATFORM and what 10 more,
the Now fellow citrsus, against tho state
neuss of that dstDuished SENATOR 10 which he under
takes 70 provo allegations against myssf BY himself ana
thus oppose my statement, next In proof Rad 70
you from my speech In 1854, In Congress, the Article IN
the xing<n paper before NE Pesdsnta election, he
testimony Of General Mills who heard that speech u
fppecancs ssd my letter In answer 70 tho latter
gsntlenas, containing my opinion Of tne question ~
thas time, and what has ever since besn my opinion
voz3-" Now you are talking"
M BHsuuxpeD-I think have proven - fully -
could b expscsed In The limitation u speech thu
charge h unfounded. In fact, win add that the posi-
tion assumed that taken b. III The souihsrn friends
Of the kebraska bill, and By portion Of its Northern
friends These private opinions these the
Bat We did not undertake. force others asreo
them We had Agreed 70 refer that " tbe highest
tribunal in tho Union. Nos, sestcnsn, having vio-
dicated myself and tho oonss tusionai democracy
ffou the charge Of having abandoned The position
they took in 1874 1855 and IN 1850. turn upon my
sccuser and undertake 70 show that be himself
abandoned the agreement soemnly made 81 the time the
Kansas Nebraska bin p~ssed the Congress Of the United
statcs-ttrcmcndous cheering)-and ] viii not take
myself witness ssainst him 70 DO u, but wiz prove
IL by himself. (vosoes-"Good, good and loud ap'
pawe) On the second day Of Jolly, 1859, In debate
upon . bill 10 authorize the people Of Kansas
TO form . constitution preparatory 10 adm ASTON
into the Onion . STATE, the question arose -
10 what the true meaning Of the Kansas-
Nebraska b and the limitation Of the powers Of tho
Territorial govornpent Mr.. Trumbul offered the follow
ing additional section 70 The bin And be II further
acted that tbe provision IN the act 70 orKanxs he Terri
Of Nebraska and Kansas which declares 70 be the
true intent end meaning Of said cot, noe 70 exssts ala
very into any Territory STATE, 20 exclude there
rom but to leave the people thereof perfectly free 70
regulate their domestic Institutions In their
own way, subject only 70 the Constitution Of
the Unlted states, vas intended and dos confer
upos or lesve 70 the people Of tho Territory
Of Kansas full power any time through ~ Territorial
Legislature exclude slavery rom said Territory, OF 70
recognise u and regulate 10 shsrsin." rhas vas Mr.
rSunbsI's sm~odoeot, against which an overwhelming
majority q ihs senate vosd, including General CAAaNnd
senator Dousias Lat mo, however, DO Mr.. Douglas the
justice 70 say that no was against that amendment,
not because he ala not besiove tho Territorial Ia
sissa,urs had the power TO exclude slavery from
tss Territory, but because he did ma believe
The Territorial Legislature had The power 70 exclude
slavery from The Territory, bot because be did not be-
eve consistent 70 decide the question legislative