Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-01-04

tcct the rights ad1udicated by the Courts.
All these belong to the States them
selves.
These were the declarations that l
made, Of which something has been
heard in all the States. / made the
declarations that am willing to make
before my own constituents; l made
tho declarations that l am willing to
stand here and repeat. Applause. We
had confidence in our own views OF our
rights. Our Northern friends had their
views. 1t was a paradoxical question,
and we gave it to the Courts.
Well, the Courts did decide the very
question which had been submitted to
them, not upon case from Kansas, but
in another case. Without going into
the argument, for the time does not
permit of that, let me give you the con-
clusion. In the opinion of the Court
in the case OF bred Scott, it is said
"Upon these considerations, it Is the
opinion of the Court that the act of
Congress which prohibits citizen from
holding and owning property Of this
kind in the territory of the United States
north Of the line herein mentioned, is
not warranted by the Constitution, and
is therefore void and that neither bred
Scott himself nor any of his family we're
made free by being carried into this Ter
ritory, even if they had been carried
there by the owner with the intention
Of becoming permanent resident
Again:
"The powers over person and proper
ty Of which we speak, are not only not
granted to Congress, but are in express
terms denied, and they are forbidden to
exercise them. And this prohibition is
not confined to the States, but the words
are general and extend to the whole
territory over which the Constitution
gives it power to legi>latc, including
those portions Of it remaining under the
Territorial government, IS well as that
covered by States. 1t is total absence
Of power everywhere within the domln-
ion of the United States, and places the
citizen of Territory, so far as those
rights are concerned, on the same foot
ing with citizens Ct the States, aud
guards them as firmly and plainly
against any inroads which the General
Government mig attempt, under the
the plea of implied or incidental power.
And if Congress itself cannot do this
if it i. beyond the powers conferred on
the Federal Governmental will be ad-
mitted, we presume, that it could not
authorize a territorial government to ex-
ercise them. 1t could confer no power
on any local government, established by
its authority, to violate the provisions OF
the Constitution"
Thus the highest court Of tho United
States settled this very question referred
to as the disputed point, not legislative
in its character, on which Congress could
not agree when the Kansas N ebraska
bill passed Tho view that We in the
Southern States took of it was sustained,
that in the Territories, the common
property of the Union, pending their
Territorial condition, Congress itself
nor the Territorial Government had the
power to confiscate any description Of
property recognized in the States of the
| Union. The Court drew no distinction
between slaves and other property. 1t
is true some foreign philan,hropists and
some foreign writers do undertake to
draw this distinction, but these dis
tiuctions have nothing to do with or
system of Government. Our Govern
ment rests not upon the speculations Of
philanthropic writer's, but upon the plain
understanding of awritten Constitution
which determines it, and that alone. 1t
is the result Of positive law; therefore
we are not look to the analogy of a
supposed law of nations, but to regard
the constitution itself, which is the writ
ten exp1e ssion Of the respective powers
of the Government and the right of the
States.
Mr.. Breckenridge proceeded to give
his views in reference to to the doctrine
Of "unfrlendly legislation "the peril Of
the country" ''its cause" CHS views Of
Republicanism," " Helpers crisis y
"Harper's Ferry cmeute" &c. He con-
cluded his address in the following elo-
quent manner:
Follow citizens, have uttered these
things because believe we are standing
to-day, not in the presence of spectre
and shadows, but in the presence of ter
rlble realities. There is Il mode by
which we can have peace-a permanent
peacc-and that is by an utter and alb
solutc surrender, of all our rights, upon
the subject to which have referred, at
the call Of this Republican party. If We
do not make this surrender, we will have
no peace until the Republican patty is
destroyed, which can only be done by
producing a reaction upon the public
mind Of the North. AS it is, without
our being aware Of it, things are getting
worse every day. l had almost intend
ed to S # we were absolutely dis
solvin ~ month, aud year by
YEAR wiser men than
Use s. r. W IS except to
pr ss,r ds..,c mind,
. -, 60 +, ss:me
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