Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-09-11

mine tho CONSTITUTIONS! Iuest'o' 'he'e'h w
volrcd.
There was n body to whom We could refer
the question. and VIC thought it unnecessary
further TO debate it, each party agreeing to nc,
ouicsce in the decision as rendered BY the said
body. | think that is n pretty plain statement
on that point. make it TO show that there
was a vow taken by the Southern friends Of
the measure in Congress, and among them u
VOW taken by your humble speaker, to support
tho decision.
mfr. Breckenridge here read som extracts
from his speech delivered in the House of Rep
resentatives in 1851.
We were willing, he continued, TO have the
question decided by the courts Of the United
States. Again,.I say it was contcnded, upon
tho one hand, (upOn the idea Of the equality
Of the States under the Constitution and their
common property in the Territories that the
citizens of the slaveholding States may remove
to the Territories with their slaves, and there
legally hold them until the Territory is resolv-
ed into a State.
In that capacity i, may exclude them. On
the other hand it is said that slavery, being in
conflict with common right. can exist only by
the force of positive law, and it is denied that
the court ever furnished the law. ! said that
we demand tina, all citizens Of the United States
shall be allowed 10 enter the common Terrific
r., with the Constitution alone in their hands,
for that instrument protects the title of the
master 70 his slave in this common Territory.
You cannot complain il it does not protect his
title. We ask no help from Congress. If dir
f~icuilics occurred we were TO let them be sub.
mitted To the court.
~. 5000, ,,, n,p ,,,,-oy,1 ~ 1;n,,; o< tbo
doctrines announced by Inc in that speech were
Just such rs have ever declared in the Com.
monweulth Of Kentucky, such rs | have ever
declared in every public address that | have
made in Ohio, Indiana, Michigan and Pennsyl.
yunia. Afterwards, when it was understood
that | had been charged. " that | had admitted
that this power belonged to the Territorial Le-
gislaturc, in the month Of September or Octo.
her, 1866, the editor Of the Kentucky States.
man." published i'll this city, ~aliudins TO this
charge, made the following statement, 10 which
| beg leave IL refer you. Mark you, This was
before The Presidential election Of 1856:
Mr.. breckenridge then read from TN editorial
in the Kentucky Statesman" Of October, 1856,
in which il was stated that during his tour
through Indiana and Ohio, he (Nlr. L avowed
the Sentiments he had often proclaimed in Ken.
lucky, and which are already embodied in the
Cincinnati platform, tlat he denied that the
Democratic party WAS, in its Federal relations,
q pro.Slarcry party; that it vas neither such a
party nor Al anli-Slavrry party; that it mega
lived the interference Of the Federal Govern.
mcnt, whether 10 introduce or exclude slavery,
and left the Territories open to common settle
ment from all the States; that each State was
entitled TO form its own Constitution, and en-.
ter the Union without discrimination by Con.
gress on account Of its allowance or prohibition
of slavery, and that the statement that Mr.. B.
advocated squattcr sovereignty was untrue.
Mr.. breckenridge then continued. In the
autumn Of the sane year | received q Loulsi.
una paper, containing some remarks made by
Gen. Mills, who heard my speech, in which he
denied that ] had admitted this doctrine o! the
territorial power. lie sent Inc q slip contain
ing his speech. In the same month, before the
Presidential election. | answered him, saying
Hands off Of the whole subject by the Federal
Government, except for one or two protective
purposes mentioned in the Constitution; the
equal rights O! all sections On the common ter
ritory, and the absolute power Of each new
State to settle the question in its Constitution.
These are my doctrines and those Of our plat.
form. and what is more, Of the Constitution
[Checrs.] Now, fellow citizens. against the
statement Of that distinguished Senator, in
which he undertakes 10 prove allegations
against myself by himself, thus oppose my
own statement.
Next in proof, | read 10 you from my speech
in 1854, in Congress; the article in the Lexing-
ton paper before the presidential election; the
testimony Of Gen. Mills, who heard that speech
ut T'ippccanoe, ard my own letter in answer
TO the latter g~ntlcman'S, containing my opin-
ion Of the question at that time, ard what has
ever since been ms opinion. ~ voicc-now
sou arc talking ! think | have proven as
fully MS could lie expected in tho limits Of a
speech, that the charge * infOundcd i'll fact,
and will add that the position ! ASSUMED WAS
that taken by all the Southern friends ot the
Nebraska bill. ard by 4 portion Of its North
crn friends. These We're nlr private opinions
these were opinions We nrsed OIL all proper
occasions, but We did no; undertake TO force all
others TO agree 10 ihen.
We had agreed TO rric" ilul To the highest
tribunal in the Union. Now, gentlemen, hav'
inc vindicarr,l mvscir and the constitutional
Democracy from the charge Of having abari.
doned Ii. position they took in 1854 Sd, turn
upon M accusor, and undertake to slow that
he himself abandoned the agreement he solemn.
" made nj the time the Kansas Nebraska bill
passed the Congress of the United States, great
applause, and | do not make myself Il witness
against him TO do it. | will prove it. ly him
sell. Voices, good. good" and applause. =
On the I'd Of July, 1886, III the debate upon a
bill to authorize the people Of Kansas to form
n constitution preparatory TO admission into
the Union as Il State, when the question arose
Us to what was the true meaning OF the Kansas.
of the Territorial ~Goyrnlncnt, Mr.. TruInbull
offered the following amendment ms an add.
tional section to the bill:
"And he it further enacted, That the prOri.
sion in the act To organize the Territories OF
Nebraska and Kansas, which ,irrlarrS it TO he
the true intent and meaning of said act not 10
~lcgislate slavery into any Territory or State,
nor to exclude it thcrr!runl. but tn leave the
people thrrerl perfectly free 10 form and rcsu'
late their domestic institutions in their " way,
subject only 10 the Constitution Of the United
States, was intended and does confer upon or
leave to tle people Of the Territory Of Kansas
full power at any tine through its territorial
Legislature, to cXciudr Sla"cry from said Terri
tory, or to recognise ur regulate it therein
That was Mr.. Trumbulrs amendment against
which an overwhelming majority Of the Senate
voted, including General Cass aud Senator
Douglas. Let he, however, 10 alr. Douglas
the Justice To say .!iat lie vn!rd against the
amendment not because he did M, believe the
territorial Legislature had the power to ex-
clude slavery from the territory, but because
he did rot believe it was consistent to decide
the question lcgiS'ttivcly which they had
agreed To leave 10 tie couIl.
Gen. CaSS said iMr. l.. her" quo'ei from
Gen. Cass TO show that the North and the South
differed about the poweiS that might be given
a Territorial Legislature, and that the kauSas
bill left that TO be atjudicated by The Court, by
which alone the constitutional question conld
he settled
Finally. mir. breckenridge continued Mr..
Douglas, in the same debate, used the follow
Ing language in speaking Of The attempt Of mis-
colleague to c"erce All opinion out Of him upon