The Constitutional. [volume] (Alexandria, La.) 1860-1861, 1860-09-22
1.-THE Test Question"

e 1t may be remembered by some of our reader,
a that, in an article published few weeks ago, un
der the head of "The Test Questirn Tested" w
: adduccd certain facts and arguments which ten
; ded, in our judgment, to show that the cardna
e and distinctive principle promulgated by tn,
] Brcckinridge Democracy, and made the ground o
D special appeal to the Southern States, was NOR,
| delusive than substantial in its promises
Declaring in their platform that ait is the duty
of the General Government, in all its departments
to protect, WLeH necessary, the rights Of persons
and property in the Territories, and wherever else
its constitutional authority extends" they refuse
to acknowledge the general principle of "protcc-
uon as being OF universal aud indefcasible obi
CATION on the part Of the Federal Government.
but rather suspend its casual exercise upon the
emergency of some contingent Necessity" which
may or may not arise in the course Of events
Under These circumstances, we argued that il
b"eame important to ascertain the precise force
and effect of the words "whcn necessary" n,
contained ID the resolution above cited. since !, il
evident that they contain the whole gist Of the
proposition, considered in its practical relations
IN elucidation Of the language in question, we
CITED the contomporane0us obstruction given 10
similar declaration as embodied IN the series of
resolutions Introduced into the Senate Inv Mr.
Davis, and cfwhich the fifth was conceived in tho
following words:
Hesofred, That u experience shall at am time
prove that the Judicial and Executive authority
10 nor possess means to insure adequate protrc-
| ton Ia tutin uoIr AZ, l.. ~ r
The Territorial Government should fail or refuse
10 provide the necessary remedies for that purposc
~W DC he d"ty IF Congress 10 supply such de.
fceney
AS these terms embrace precisely the same pro-
position aS is announced in the resolutions of tbe
BreckInrdSc platform, we thought I, proper to
test The significance Of the latter by the ncrprc.
tatlon given to the former at the time of their
adoption by the Democratic majority in the Sem
ate. Such test was found in the following
amendment, moved by Mr.. Senator Brown. of
Mississippi:
hesotred, That experience karing a'roady saorn
that the Constitution aud the common law. nm
aded by statutory provision, do not afford ada-
quafe and sufficient protection to slave property
some q The IpT,iories h0riag jaiied others haring
'tuscd, 10 pass snch enaefmcnfs, IL has become tGe
""y ~ tOngrosS Ia ntc1posc and pass such laws
as VIII Afford to slave properly in the Territories
that protection which is given to other kinds of
property.
The yeas aud nays being demanded on the
adoption of this amendment, il was decided in the
negative hy the following vote;
iEAs-Mrssrs. Brown, Johnson Of Arkansas. |
and Mallory-3
NAiS-Mcs,rs. Benjamin, BiGlcr, Bright, Chcs-
nut Clark, Clay, ChngIuan, Crittrndcu. Davis, |
Dixon. Dooiflc, Fitzpatrick, Foot Foster. Gr,,u |
Grimes GHin, IIamlnn, Harlan, IIrmphin. HIM.
ter, Iverson, johnson Of Tnnrssrr Lam latham
Mason Nicholson, rrsrcr, Polk, Powell Pupb |
Rice, Sebastian, Sadcll, Ten Eyck 1hnmra"s.
I"onlbS, Trumbull, Wigftll, Wilson, aud iulre
n
In the 'acr If tlis vote upon a Practical 90.
ton raised ""r tic theoretical lcrn,s Of The rvs.
oIniion, Nc felt justified in SAYING that such lo,s-
t't'"n as that Of " Territory Of Eansa- in op,,o.
S''"n to slavery, AMI surh persistent refusal to
pass laws for ia" protection of slave ,roncrl, 81,
had b''n' and still is, cvinccd Ly the T,rrlo,ic,
OF Nebraska and Washington. we no, Deemed IN
P'cScn' an eng .hcy demanding the Intervention
"i the frdcral Government, as contemplated by
~ advocates Of this resolution, and Of the policy
II is understood to inculcatr. Such b'.ing the
ease, W" also felt free to draw the useful inference
that no practical issue would ever BE- iond in the
nam" I" this "gr'at principle" represented to he
so "vital to The South" hui whose application
was kept in indefinite ab,yancr by the construc-
tou gwen to it in the presence of emergencies "a
great as any that are ever likely to occur in our
future history.
a correspondent, writing TO Us from the State
OF Alabama, states that the views which we pre-
Scntcd under this head have led to some discus
sion among his nrighbors in regard TO their ac-
'uracy' which, he says, is impcachcd hy portion
'i his Democratic friends, on the ground that Mr..
Browns resolution owed its rejection simply to
the fact that it was understood to apply to the ease
u Kansas alone, which then, it is alleged appeared
before Congress in the attitude of a STATE. He
therefore writes to inquire whether this r,arcsen.
alton Is Just, and requests us also to give the
late "whcn Kansas was admitted as a State"
In regard to the first of these inquiries, it is
sufficient to point to the language of Mr.. Browns
resolution, which, so far from being restricted TO
he case of Kansas, is it will be seen, general in
IS terms, applying equally to the Territories which
nave failed and those which have refused to
'ass any cnactmrnts for the protection of slave
,:opcty.
The second reason ass; gne1 for the negative ,
Totes Of the Democratic majority, in the assumed
act that they were called to pronounce sentence
gainSt the pretcnsions of sovereign State" be-
rays degree of political hardhood more credita-
Die to the zeal than to the intelligence of such de-
ermincd defenders of Democratic orthodoxy. l
Il the Territory of Kansas has ever been admitted
Is State, and if for this reason the resolution of
Ar Brown was voted to be applicable, because t
noppOrtune, we can only say that the records I
# Congress contain no trace Of the fact nforma- q
ion of which must have reached Alabama through q
ome channel not open to the public Kansas, {
% far as appears from the journals of Congress, {
las repeatedly applied for admission into the (;
'nion as State, but her applications have been a
ways rejected it is difficult to perceive the force
# the consideration urged by these Alabama G
Democrats in apology for the vote of their poti- $
al friends upon the amendment proposed by Mr. i
aroNru AHfioo1f E,g.H,o,,r,, l.