Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-06-07
srnnoH o. IIoN. J. ?. nnNIAmIN.
Is UNITED STATEs SENATE, Lay 22d,
On the Resolutions Of Hon. JEFF. Davis.
e0EcEuDID1

torlat canvass IN Allnols ana put them before the
people Of the country as arguments against his
Democratic associates who differed with him in opn-
ion. have read to you what Mr.. Lincoln said on
that subject in his speech in September 1855 Here
is Wfat MIR Lincoln said il the speech delivered by
him in reply to Mr.. DOUGLAS, st Jonesboro, on the
10th Of September, 1855
$50 this Judge DousLas answered t they fine people Of
Territory lawfully exclude slavery from Territory prior
can ne Done As enoena hn he holds that It can be done
BY the Territorial Legislature refusing any
for The profession Of slavery in he Territory, and especially BY
adopting unfrendly legislation to it. For the ofclearnes
will state again that they exclude slavery from the Terrific
bic assistance to It in the way legsson and second, b.
friendly legislation. II rightly understand him, wish to AK
In the rs place the Supreme Court Of the United States
has decided that any congressional prohibition Of slavery in ne
Constitution Of e United States expressly recognizes property
n slaves and from that other constitutional provision that
person shall be deprived Of property without due process oe
Pretty straightforward propositions, would
suppose.
Hence they rsch the conclusion st, he Constitution
the United States expressly recognizes property in slaves ana
proao any person from BENG aepIfea q properly "leuI
due process Of law, to act Of Congress BY which man
If be took him the other side, deprvng him Of that prop
eTy without due process OF law That understand T. be the de-
DoUeLAs adheres most firmly to that decion and the difficulty
Is how is possible for any PoEsr to exclude slavery rom the
Territory unless violation Of that decision That's the i'm
IN the Senate OF the United staes in 1856 Judge TRu,rBuII
in speech. substantially, not directly, put the ineog
atoy Judge DoUGs as to whether the people OF Territory
had the lawful power to exclude slavery prior formation
Constitution. Judge considerable
length and his answer will be found in the Congressional
Gl05e under the date Of June 9, 1885,"
have not that answer, but have his snswer Of
the I'd of July, 1856, which the Senator from Geor
gia read yesterday, in which he says:
Ny answer then and now is''-
Here is his Senatorial answer in Congress here
Ny answer then vas and that IL The Constitution
but tie Consutcn does does not carry it there no
power but the people carry it there"
Not just what he said in Illinois, Mr.. Lincoln
proceeds
The Judge said that whether people could exclude slavery
prior to the formation Of Constitution Qdesti0n
70 Be decided By the supreme Court He put that proposition,
as will be BY the Congressional Globe IN variety Of FORMS
running thing question
for the Supreme Court maintain that when he says, AFTER the
supreme Court have decided The question, that the people may
yet exude slavery BY Whatever he does virtually
that 1t is not question for the Supreme Court he shifts his
gouEa appeal 70 you whether he did Lot say Il was cues
ton for the supreme Court Has not the Supreme
nat question when he now says the people 1ey exclude
slavery does ne nos makel question Tor the people Does ne
not virtually sf his ground ana hatts nota question
for the court but for the people This very simple proPo
sition-a very pain and naAed one.
Again will ask sou my friends if you we're elected men.
bers o. the Legislature what would be the r thing you would
have % do before ng your dutesl SeaT to support
Judge that the Constitution Of the United
States to neghbOr the right to hold slaves in
your Oaths uns give him such legislation is necessary
to enable him enjoy that property? what do understand
supporting the Constitution Of State Of the United States
Is it give such constitutional helps the rights established
b. that Constitution be practically needed Can you'll
you sup the Constitution, believe that the Con-
support DoyCu support the Conservation IL knowirg or Be
evng right which specific
leealaion, you withhold that legislation Do you
and DISREGARD your oah can conceive nothing palmer in
the world There be nothing in the wJrds support the
Constitution counter to it by refusing support
to any right establish under Constitution what say
here will held with still force against the Judges doctrine
unfendly legislation How could you, having
support the Cons tuition and believing GUARANTEED the gbttO
hold slaves in the Territories legislation attended 10
defeat that rgtf That would be violating your view Of
the Constitution Not only 50 but il you were to DO So how
long would take he courts to hold your votes unconstitutional
and void Not moment.
Lastly would ask is not Congress itself under obligation
70 give legislative support any right that established in the
United States Constitution repeat the question,
ress itself bound TO give suppo 70 any RIGHT that H
established the United states Constitution member Of
states and if he sees right established b. that Constitution
which needs specific legislative protection oath
who opposed slavery upon principle, acqu
toR fugitive slave law WY do we hold ourselves
obligation pass such law, and abide by when passed.
Because the Constitution makes provision that the Of
slaves shall have the right to reclaim them It gives the
right reclaim slaves, ane That is Judge DOuGLAs says
barren right unless there is legislation that will enforce it,
Now, sir. let it not be said that I am reading Re-
publican doctrines here, because these very passa-
ges from the speeches of Mr.. Lincoln were intro
duccd as discoveries by the Senator from Illinois
these and other passages in relation to the confusion
between a State and Territory. When the Attor-
ney General had replied to the magazine article
Of the Senator from Illinois, reoinder was is
Sueu- CdiieQ LnC ftJOluQef Oh Jul5G DOuBlaS 10
Judge Black IN which he says, speaking Of the
magazine article:
SIN that article, without assailing any one -
He never assails any one
that article without asssng any QUE ipugning any
mans motives demonstrated beyond the possibility Of caY or
dispute By any faEmndei man, that the proposition
commended By Mr Buchanan that slavery exists III the
Territories by virtue Constitution
e7able irresistible, that the imperative duty Of Con
1d ss b o [centioD 10 bS rTs t5at right Guaranteed bv
protected all
gsion essential to its enjoyment; that all who ecncen
tiousy believe that slavery exists in the Terrtcres
Senator's, listen to me now. The Senator from
Illinois stood here last week. hour after hour, and
asked what was this new issue which were try
ing to force the party, and whence its necessity
Why not stand, said he on the platform of 1856
why not take that Cincinnati platform which we
agreed to in 1856? Who is it, he says, that is fore
ing these new issues on the party? have tracked
him through Illinois. What did he say in his de-
tense Of the HIpers Magazine article abont the ne
cessity Of putting this very resolution in the plat
form? He says he has demonstrated
That all who cOnscientousy believe that slavery exists in
bi cl,e and their oatbs Of fdeIitv to the Conutio6
support Congressional slave code for the rerrtOres
deny that; but l want to show his view of what
our duty IS:
honest who believes from the faithful and prompt
performance Of this imperative duty"
That is Judge DoUGIASS view of our positiOn
and yet hour after hour, he stands up here and at
tacks us for doing that which he says Oaths and
our conscieuces impose on US, a duty impera-
tive that it is impossible for US, honest men, to
avoid doing it. Pc says further in TIE same '' re-
jOinder ;"
Demonstrated in the paper that the Constitution
being uniform throughout the United States is the same in the
the Territoeis the IN Pennsylvania ia
T t5 GitHo N he United state II 1nst Of ecsS %
H Penns vania by virtue Of the instrument and if it
duty the Federal GovenneRt force people Of
s Territory to sustain the institution Of slavery whether they
merely because il there by virtue
Constitution tbecoues the duty Of the Federal Government
do the thing in all the States for the
exposition the question produced CONSERVATION a1d
dismay in the camp Of my ASSISTANTS"
He Just copied the arguments from Mr.. Lincoln's
dispute with him, put them into the HdTper'S Mdqd-
zine article and tells US thatths exposition of his view
of the constitutional rights and duties Of the States of
this Union, produced CONSERVATION and dismay
amongst his assaants Why, Mr.. President, what
is there this argument which the honorable Sena-
tor from Illinois has copied from those Republicans
who again and again have attacked the decision of
the Supreme Court of the United States-that under
the doctrine of the bred Scott decision slavery eX-
lists as well in the States in the Territories;
sophsm bald. proposition so destitute of a |
shadow of foundation, that 1t never used by any
man who believed it, but was put forth to deceive |
those who could not understand the question.
What is the decision Of the Supreme Court Of the |
United States? 1t is this, plainly aid simply Con
gress has jurisdiction and power to govern the
Territories; the powers Of Congress under the Con |
stitution are limited; amongst the limitations is 4
prohibition to destroy and impair or cOniiscate the
property Of citizens without due process Of law.
Slaves are property, and therefore Congress has no
power to cOnfscate them, to destroy them, i'm
pair the right OF property in them, without due pro-
cess Of law. That is what the Supreme Court says.
What has that to do with a State? Does Congress
legslate for a State? Does Congress govern a
State: Is there anything in the Constitution of the
United States prohibiting a State from dong as it
pleases in its own legislation, except certain list,
which is expressly LAID down, and in which is not
included tins question Of slavery. There are GER
tain prohibitions on the States in the Constitution,
and amongst them emitting bills of credit rails
ing armies and navies. levying taxes or duties on
imports on expOrts-al these are prohibited TO the
States. The States are not prohibited from legslat
ing on slavery in their own limits; but the Supreme
Court of the United States hold that Congress pro-
hibited by the Constitution from doing So and yet
the Senator from Illinois repeats this absurd posi-
tion that because Congress cannot destroy property
in slaves in a Territory, therefore State cOnstitu
tons cannot destroy it in the States.
1t was, Mr.. President, well known to the Senator
from Illinois when he penned this article that there
was nothing in it whatever. He driven to it.
Every time ne discusses the question if he holds 10