The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-09-07

oria Legislature had the power such exclusion 1t
constitutional question, however, and they agreed
not to make it matter Of legislative dispute but in
ser provision in the bill referring the question to the
Supreme Court for decision and all parties were bound
to abide By the decision made by that august tribunal
upon this constitutional question. We prove that
there was such an agreement. Ordinarily bill cannot
be taken from Territorial Court TO the Supreme Court
of the United States, until the matter in
amounts to thousand dollars; and in order that this
question might be tried before the Supreme Court,
clause inserted to meet the contingency During the
period between the passage of that bill and the decision
of the Supreme Court all persons each side
| tanned their opinions
We in the South, held that the Territorial Legislature
did not have the power Mr.. Douglas and his friends
held that the Territorial Legislature did have the power
Wesnspended that question and referred it by bill to
the supreme Court OF the United States to determine the
constitutional question therein involved. There was
body to whom we could refer the question, and we
thought unnecessary further TO debate it. each party
agreeing to acquiesce in the decision rendered by
said body. think that is pretty plain statement on
that point make ii to show that there a taken
by the Southern friends of the measure in Congress-
among them VOW taken by your humble speaker, sup
port the decision.
Mr.. Breckenridge here read some extracts from his
speech delivered in the House of Representatives 1854
We were willing, he continued to have the question
cded by the Courts the United States Again saw it
contended, upon the hand upon the idea the
equality of the States under the Constitution and their
common property in the Teritories that the citizens of
with their slaves and there legally hold them until the
Territory is resolved into State
In that car acity it may exclude them On the other
hand it is said that slavery, being in conflict with
right exist only by the force of positive law.
|
said that demand that all citizens OF the United States
shall be allowed to enter the common Territory with the
Constitution alone in their hands for that instrument
pro. ects title his slave this com
Territory You cannot complain if it does not pro-
tect his title. We ask help from Congress. If diff
cutes occurred we were to let them be submitted to the
| Court.
Now, upon my personal vindication the doctrines
announced by me in that speech were just such as have
declared in the commonwealth Of Kentucky such
nave ever declared III every public address that have
maze IN ONO, Indiana Michigan and Pennsylvania. AT
forwards when it understood been charged
or that had admitted that this power belonged to the
Territorial Legislature, in the month Of September
October 1885, the editor of the Kentucky Statesman pub
iished in this city auiing to this charge made the fol-
| 1856.
Mr.. Brecknrdge then read from editorial in the
KeEu cky Statesman Of October, 1856, in which was
during his through Indiana and Ohio he
tMr. avowed the sentiments he had often proclaimed
| in Kentucky, and which already embodied in the
Cincinnati platform that he denied that the Democratic
pa y was, in its Federal relations, pro-slavery party;
that it neither such party anti slavery par
y that negatved the interference of the Federal Gov
eminent, whether TO introduce exclude slavery and
left the Territories open to settlement from all
the States that each State entitled to form its
constitution Union without discrimination
by Congress account of its allowance prohibition
slavery and that the statement that Mr.. B. advocated
| Squatter Sovereignty, was untrue.
Mr. Breckenridge then continued. In the autumn of the
same year received Louisiana paper, containing
remarks made by General Mills who heard my Speech
which he denied that had admitted this doctrine the
Territorial power. He slip containing his
speech In the same month, before the Presidential cleo
ton, answered him. saying-hands off the whole sub
ject by the Federal Government except for two
| protective purposes mentioned in the Constitution the
equal rights of all sections the common territory, and
the absolute power of each State settle the ques
ton in its Constitution These are my doctrines and
those of our platform, and what of the Consu
ment of that distinguished Senator in which he under
takes to prove allegations against myself by himself
| thus oppose my own statement
Next in proof read you from my speech in 1854 in
Congress- the article in the Lexington paper before the
Presidential election; the testimony of Gen Mills, who
hoard at NJ and lat
answer to the latter gentemans containing my opinion
of the question at that time and what has since
think have proven fully could be expected in the
limits of Speech that the charge is unfounded in fact
and will add that the position assumed that taken
by all the Southern friends of the Nebraska BILL and by
portion of its Northern friends These private
| opinions-these We're opinions urged all proper
occasions but we did not undertake to force all others TO
agree to them.
We had agreed that to the highest tribunal in
| the Onion. Now, gentlemen, having vndicated myself
and the Constitutional Democracy from the charge Of
fng abandoned the position hoy took in lS4-5-6 turn
upon and undertake to show that he himself
abandoned the agreement he soemnly made at the
the Kansas Nebraska bill passed the Congress of the
| United States, (great appause) and l do not make
myself witness against him to do it. will prove
it by himself Voices, "good, - "good and applause
On the second of July. 1856 in the debate upon hill
to authorize the people Of Kansas to form a constitu
ton preparatory to admission into the Union State
when the question to what the meaning
Of the Kansas Nebraska bill, and the limitation the
power of the Territorial Government Trmbull offer
ed the following amendment additional section
| the bill
and be IL further enacted, That the provision in the
act to organise the Territories of Nebraska Kansas
which declares it to be the true intent and meaning
said legislae slavery any Territory or
State to exclude it thereom but people
thereof perfectly free to form and regulate their domestic
institutions IN their own way subject only to the Const
tion of the United States intended and does confer
upon leave to the people Of the Territory of Kansas
full power at any time through its Territorial Legisla
ture to exclude slavery from said Territory
Mise regulate it therein
| That Mr.. Trumbull's amendment, against which
an overwhelming majority of the Senate voted, includ
ing Cen cass and Senator Douglas. Let me, however
do Mr. Douglas the justice say that he voted against
that amendment not because he did believe the Ter
ritorial Legislature had the power exclude slavery
from the Territory but because he did believe
70 decide the question egslavey which they
Gen. Cass said: tMr B. here quoted Gen. Cass
to show that the North and the South differed about
powers that might be given Territorial Legislature
that the Kansas bill left that to be adudicated by the
Court by which alone the constitutional question could
be setted.)
Finally (Sr. Breckenridge continued Mr. Douglas in
the debate, used the following language in speak
ing OF the attempt Of his colleague opinion
of him upon question whether the Territorial Leg
slature had the power exclude slave property before
they became State Mr. Breckenridge here from Mr.
Douglass speech declaration that this point in the Ne
hraska bill judicial question, which he could
diScnss, because by the bill it was referred to the
| courts
in tile Senate Mr.. Douglas saidtere Mr. b. read
tract from Mr. Douglass speech concluding with the
sertion''We agreed to refer it to the iudciary-we
| agreed to abide by their decision."l
| think have shown that upon the point Of dispute
| II,
Territorial Legislature to exclude slave property,
agreed to refer it TO the Supreme Court had
been judically determined, should abide by their
deci sion. Now bear with me while read very little
from the decision of the Supreme Court the United
States in the bred Scott Let for a moment turn
to the calm, enlightened, Judicial utterance the most
august tribunal upon the earth. repeated applause
This opinion concurred in by all the Judges except
two and was uttered by the usrous Chief Justice
the United States
Mr. Breckenridge quoted at considerable length from
the bred decision commenting on the points main
| az fnllo
Now, my fellow citizens what is the authoritative de.
cision OF the Supreme Court of the United States to whom
we agreed to refer this disputed question power
the Territorial legislatures They that the Terri
tories have been acquired and held by Federal
Government, and that the citizens of all the States NAV
hold and enjoy their property in them until they take
upon themselves the functions of soveregntie nd are
: admitted into the Union
Nothing less than State being competent to deter
mine the question of slavery slavery they declare
that the citizen enters any Territory with the Consttu
ton in his hand and that the Federal Government can
exercise power his property there which that in
rument has not conferred and they declare that
the Federal Government cannot do it, still less can it
force Territorial Government those DOW
which could not confer upon any local governments
rSht 10 distinguish between slave property and
kinds of property where distinction exsts-that prop
ery in slaves recognized by the Of the
United tates and there is no word in that instrument
which gives the Congress of the United States greater
it which entities that property to less
lection than any other property and the only power
which the Congress of the United States has is in guard
ing and protecting the rights of citizens. Language
could not make it palmer.
have heard it said that the case which went to the
Supreme Court of the United States was not the case
which went from the Territories, but case that went
from State; and therefore nobody is bound until case
comes from Territory and is regularly taken up,
reply We agreed to refer to the supreme judicial tribu
nal upon any properly arising and coming before
nat august BODY 1t was proper case and properly de
clded by this Court 1t the points difference
between the friends of the Nebraska bill 1t is candid
| clear, and statesmanke
Now l have shown you the points of difference be-
tween us in that BILL and the agreement between the
friends OF the bill have shown you the decision of the
Supreme Court We have arrived at point where there
should have been harmony and peace-a point AZ reed
uponthe only point of difference had been determined
by the highest judicial authority Union OF course
constitutional question settled according to the
| agreement.
| The opinion of the Supreme Court was delivered in
1851 Everything was quiet until the year 1858, when
the Senator from Illinois Mr. Douglas was a candidate
for reelection from that State, then for the first
time in the history ofAmercan politics. find the opn
ion advanced that there mode by which the subor.
dnate authorities may override the opinion of the high
| est Court in the Union.
Then we find the agreement to abide by the decision
the Court violated by the declaration made that an
subordinate Territorial authority may coniscate or ey
ciude from the Territory the property citizens of the
Southern States itv,II
preme Court to the contrary.
In debate between Senator Douglas and Mr. Lincoln,
ne former said: The neSt question by
full way, against the wishes of the United States eXclude
slavery from their limits prior formation of the
State Constitution? 1answer emphaticaly as Mr. L. has
heard me answer hundred times from every stump in
Illinois, that in my opinion the people of Territory can
by lawful means exclude slavery their limits pror
| to the formation of a State Constitution
Ihat question We agreed in the Kansas Nebraska bill
to refer to the Supreme Court and it decided
have just shown you The year before this speech was
made by Mr. Douglas. in which decision they saw that
he