Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-09-21
VOLUME LVII.-NUMBER ~

.
force OF positive Law; and it is denied that the
| Constitution furnishes this law for the Tcrrto
rics; and it Is further claimed that the loca
| Legislatures may establish or exclude it at any
time after the government is organized. As botf
parties appeal TO the Constitution, and bust
their respective arguments on opposite con
strllctionS Of that instrument, the bill wisely
refuses to make question for judicial conStruc
ton the subject Of Legislative conflict, and pro
perly refers It to the tribunal created by til,
Constitution itself. iur the very purpose of dc
Gliding all cases in law and equity arising un
der it"
Then, in speaking Of ,ho equality Of tho
States:
Garry the idea To the Territories. What
are they 70 whom do they belong: Who
are to inhabt them, and what are their pollti
cal relations 10 the rest OF the COnicderacy =
They are regions OF country acquired by the
common efforts and treasure Of all the States;
they belong, therefore. 10 tlle States for CON
mon use and enjoyment; Tue citizens Of the
States are 10 nhaLil them. and when The popu.
lation shall be sufficient, they are 10 become
equal members of the Union
think this is sufficient to prove that at the
period Of the passags of the hanssS'A ebraska
bill did not bold the doctrine that Icrrtor!
al Legislature could exclude slave property
from the Territory during the Territorial con
dtion; but, while held precisely the opposite
opinion, was willing TO refer tho question to
the court, and to be bound by its decision.
The doctrines announced by ME i'll that
speech were just such rs | have ever declared
in kentucky, such as declared in every pub,
lie address which made IN Ohio, Indiana,
Michigan and Pennsylvania. Afterwards,
when it was understood that | had been re.
ported 10 have admitted that this power be.
longcd to the Territorial Legislature, III the
month Of September or October, 1896 the cdI.
tor Of the Kentucky Statesman, Il Journal pub
lshcl in Lexington, in alluding to this charge,
made the following statement, to which beg
leave 70 refer you. Remember, this was before
the Presidential election Of lSJ6 ::
1T was our pleasure 10 accompany Mr.
Breckinridgc, on the occasion referred 10, in
his tour through Ohio and Indiana, and Ia
witness the warm response Of the National
Democracy of Cincinnati, Hamilton and Tip
pecanoe to the avowal, by him, Of exactly the
sentiments wc had often heard him proclaim III
Kentucky, and which are clearly embodied III
the platform Of our party.
"Hc said it had been charged that
the Democratic party intended to employ
the Federal Government 10 propagate slave
ry, and that il was iii It's federal relations
a proslavery party. This, he said, was not
true. The Democratic party was ncithc: Il
pro.slavery party nor an antl-slavery party,
but 4 Constitutional party. II rejected tho III
reference Of the Federal Government, whether
to introduce or to cyc.nd" slavery, and left the
common territories Of the Union open IL COM
mon settlement. from nil the States He pro-
ceeded to say that each new State was enti
tied to iurm its Constitution, and enter the
Union without discrimination b. Congress
on account of the allowance or prohibition oI
slavery. Hence. il Kansas presented hrrscl!
with slavery in her Constitution, she must
be admitted; if without it, still she must be
admitted. Any other principle. he added, would
be subvcrsvc Of tho rights and equality Of the
States
The allegation that Mr. l'rcckinridse pro
claimed the doctrine o.! Squalter Sovereignty
is simply untrue. He sand nothing upoI
which even !: plausible c!ar.c o; that nature
could he based"
In the autumn Of the same year ! received {
slip from Louisiana PAPER, containing thu
remarks made by Gen. Miles. a distinguished
citizen Of that State, who was aI Tippccano'
and heard my speech, ii which ne denied | al
mltted this doctrine ,c the Territorial power
lie sent ilir slip e"utalning his speech. Ii
the same month, tUctober, 1860 some time
before the Presidential! election. in the cGurs,
Of letter TO him, said:
You have reported me correctly, and
thank You for it. Hands oil the whole suhjec
by the Federal Government, Except for one Of
two protective purposes mentioned in tht
Consti,utionj-- equal rig hts OF all section!
in tic common Territory, and the absolute
power Of each new State to settle the ques
ton in its Cpnstituton--thcse are my doc
trines, and those OF our platform, md, what i
more, Of the Constitution. | consider the as
sault upon me so absurd as TO be unworthy 0
further notice.
had wholly faded from my memory and wa
revived only i few days since, when that gen
lleman printed it in Southern Journal ant
sent me copy.
Now, fcllow.citAcnS, H. the statement nt TIT
distinguished Senator from Illinois, in wllci
he undertakes to prove allegations against IN
By himself, ! thus oppose, first, my own state
mcnt next, the proof furnished BY my sPeecl
in 1851, ucnlin: the Kansas Nebraska bill II
Congress; next. the testimony Of the editor @
the Kentucky Statesman, who is gentcnia
of unqucstiolai,lc intelligence and honor; mex
the statement G( Gen. Miles, who heard m
speech at Tippccancc: and, finally, my letter I
him, written prior to the Presidential clectio
of 1856; al these proofs hcing consistent wit
each other, and, as soemnly affirm, consisteT
also with my uniform opinions. y voice.
Now YOU are talking
1t would not be difficult to accumulate test
mony ON this point to any extent, but thin
have provcd.conclusively that the charge
| unlounJed, and | will add that this WAS the p'
siiion held by nearly all the Southern frient
Of the Nebraska bill, and by portion OF Il
Northern supporters. These we're our op!I
ions; and they were uttered on all proper occ;
sions; but We did not attempt TO force othel
to accept them We had agreed to refer tn
question Ia the highest Judicial tribunal IN tn
Union. Cheers, ,
Go 10 the records Of Congress read the 1T
bates of that period They will dispel I'll
clouds and darkness with which multitude
words has o5scrrcd this subject. No histories
fact is more certain than that the South insistc
on the repeal Of the Missouri line TO open I'll
Territories TO common colonization from all It.
States, and that when met with the dogma
Territorial power TO exclude her, confident
the constitutional strength Of her position, 81
offered to testit b. the opinion of the sup'eH
Court, and that Oiler was solemnly accepte'
and the agreement; placed on the records OF I'll
country
And now, having vindieated myself and til
constitutional Democracy from the charge
having abandoned the position We held
lS54-5G, turn upon the accliscr and undo
lake 10 show that he himself abandoned tn
agreement he soemnly made at the time til
Kansas. Nebraska bill passed the Congress
the United States, tgrcat applause; and | q
not make myself witness against hl'n to 20 ]
will prove it By himself Voice, "H"o'
good" and app!ausc.I
In a debate in the Senate OF tho Unite
States, on the I'd July, 1856, upon bill to al
thorizc the people of Kansas to form const
tuition and State government, preparatory
| odm;ssion into the Union as u State when