Arkansas true Democrat., 1860-09-22

| H powers tt<nlght be given territorial leglslatur4 nd that the Kansas b1li laf, that to D bijudicated by the court, by winch aldnthe constitutional question could be s&d finally
 Mir. Breek1dge continued: Mr. Doug ias' Tn the debate, used the following laguage in 4king of the attempt of his colleague tS trce an opinion out of him upon the qneon, whether territorial legislature Aathe power to exclude slave property frdmterritory before it became a State?' Mr. here read from MT. Doug lass speechba claration that this point in the Nebras II was judical question, which he wSulnot discuss, because, by the bill, 1t wireferred to the supreme court.
 Mir. Breckihrye continued: On the 18th of May last, ihe Senate, MT. Douglas said: Mr. B h read an extract from the speech of ME ouglas, concluding with the assertion we agreed to refer it to the judlciawld we agreed to abide by their decision. think have shown that upon that poinff dispute between the friends of the ksas bill as to the power ot territorial lelature to exclude slave property that it agreed to refer it to the supreme con and that when it had been judicially demined we should abide by their decision. Now bear with me while, said Mir. Bkinridge, while read a very little iron le decision of the su- preme court of NUnited States in the bred Scott case et us for moment turn to the calm, enlighed, judicial utterance of the most auglst bunal upon the earth (loud and long-conued cheering.) This opinion was condnd in by all the judges ot the caurt except b, and was uttered by the illustrious chieustice of the United States. MT Brdciridge quoted at con- siderable length fip he Dred Scott decis- lon, commenting pe points maintained Tn that opinion, aRntinued as follows:
 Now, my fellow-'zens, what is the au- thority of the deciti of the supreme conrt oi the onited otaQto whom we agreed to refer this disputSelestion of the power of the territorial leh hture. They decide that the territorles D been acquired and are held by the fee government. and that citizens of all theates may hold and enjoy their property inem until they take on the functions of soyaontv. and arc ad- mitted into the Union othine less than State belng competeto determine the question of slavery or slavery. They declare that the citizen ,ers any territo- " with the constitution his hand and that the federal gover1lm, can exercis SC no power over his propertyther than that which the instrument Encountered, and they declare that, since tfederal govern ment cannot do it, stll can it force a territorial government ttexercise those powers which 1t could lotnfer upon any local government right violate. Be- tween slave property another kinds of property no distinction exl. That pro- perty in slaves is recognizoy the consti- tuition of the United Statesnd that there Is no word in that instrlim which gives the Congress of the Unitestates greater power over tt, or entities property to less protection than otFierropeltv, and that the only power which Congress of the United States has in guing and pro- tecting the rights of citiS, language could not make plainer. lave heard it said that the case which w to the su- preme court of the United aes was not the case which went from territories, but case that went from State, and therefore nobody is bound til a case comes from territory and regularly taken up. That is a confession my opin- ion. We agreed to refer it toe supreme judicial tribunal upon an properly arising and coming before that asst body. It was proper case, and propg decided by the court. It covers the EpdS of diff I ference between the friends of fs Nebras- ka bill. It is candid, cleaf Id states manlike. Now have shoWnythe nnint of difference between us in Nbill, and 1the agreement between the nls of the i; bill. I have shown you the dcon of the supreme court We have ard at the notint where there should heA op,,. as,l 1'peace--a point agreed upon only point of difference had been detened by the highest judicial authority oftJnion. Of course the constitutional quen was settled according to the agreerne The opinion of the supreme court was vered in 1858. When the Senator frominois. Mir. Douglas, was a candidate folelec
 tion from that State, then, for thet time in the history of American politics, find the opinion advanced that there wa,ade by which subordinate authorities mayer ride the opinion of the highest couri the Union. Then we find how the grent to abide by the decision of the stme court is met. The declaration is niaoba at subordinate authority may conlisc or exclude from the territories the prope of citizens of the southern States, witho,e- gard to the opinion of the supreme COL the contrary. In debate between Douglas and Mr. Lincoln, the formers
 "The next question propounded to mt Mr. Lincoln is Can the people of te tory, in any lawful way, against the wis of the United States, exclude slavery fir their limits prior to the formation oi State constitution? l answer emphatit ly-as Mr. Lincoln has heard the aswe hundred times from every stump in Hin that in my opinion the people of tel tory can by lawful means drive slavery if their limits prior to the formation of a St constitution. That question was agreed the Kansas Nebraska bill be to referred to supreme court, and it was decided as h. just shown you" 1 have shown you t Mir. Douglas argeed to submit the quest of slavery int he territories to the supre court, and that he acquiesced in the dec ion of that court. l quote Mr. Doug again concerning what he calls an abstr question. Thequestion may be an abstr one, but it is one involving the equality this Union, and the vital rights of m than half of them. Applause. It m ters not, (says MT. D. what way the
 preme court may hereafter decide as to abstract question, whether slavery may may not go into territory. Under
 constitution the people have the law means to introduce or exclude it, as u please, for the reason that slavery cam exist day or an. hour anywhere, unless IS supported by local police regulations It matters not as to the right to go into territories; under the constitution the peo may lawfully exclude it.''
 I have shown you that in 1856, in Senate of the United States, he said if constitution authorizes 1t to go there, { protects 1t, no power on earth can take 1 | ef,