The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1860-09-18


thew declare that the citizen enters any Territory
with the Constitution in his hand, and that the
Federal Government can exercise no power over
his property there which that instrument has not
conferred; and they declare that since the Fede-
raj Government cannot do it, still less it force
Territorial Government to exercise those powers
which it could not confer upon any local govern
ment-a right to distinguish between slave pro-
perty and other kinds Of property where no dis
tinctiops exist-that property in slaves is recog
nized by the Constitution of the United States,
and there is no power in that instrument which
gives the Congress of the United States greater
power over it, or which entities that property to
less protection than any other property, and that
the only power that the Congress of the United
States has i. in guarding 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 not
the case which went from the Territories, but a
case that went from a State; and therefore nobody
is bound until case comes from Territory and
is regularly taken up. [ reply, we agreed to refer
it to the supreme judicial tribunal upon any case
properly arising and coming before that august
body 1t was proper case and properly decided
by this court. 1t covers the points of difference
between the friends of the Nebraska bill. 1t is
candid, clear and statesmanlike.
Now have shown you the points of difference
tween the friends of the bill [ have shown you
the decision of the Supreme Court We had ar
rived at point where there should have been har-
mony and peace-a point agreed upon-the only
point of difference had been determined by the
highest judicial authority of the Union. Ofcourse
the constitutional question settled according
to the agreement.
The opinion of the Supreme Court was delivered
in 1857. Everything was quiet until the year
1858, when the Senator from Illinois (Mr Doug
as) was candidate for election from that State,
and then, for the first time in American poll
tics, we find the opinion advanced that there was
a mode by which the subordinate authorities may
overrule the opinion of the highest court in the
Union.
Then find the agreement to abide by the
decisions of the court violated by the declaration
made that an insubordinate territorial authority
may confscate or exclude from the territory the
property of citizens of the Southern States, with
out regard to the opinion of the Supreme Court to
the contrary.
In debate between Senator Douglas and Mr.
Lincoln, the former sad "The next question
propounded to ME by Mr. Lincoln is, can the peo-
pie of Territory in any lawful way, against the
wishes of the United States, exclude slavery from
their limits prior to the formation Of State Con-
sti:ution? l answer emphatieally, MIR l.. has
heard me answer a hundred times from every
stump in Illinois, that in my opinion the people of
a Territory can, by lawful means, exclude slavery
frym their limits prior to the formation of State
Constitution"
That question We agreed, in the Kansas-N ebras-
bill, to refer to the Supreme Court, and it was
decided, as L have shown you the year before this
speech was made by Mr. Douglas, in which 0eci-
sion they say that neither Congress the Terri
toria Legislature has the power to exclude slavery
but its only right and duty is to guard aud protect
it. | have shown you that Mr. Douglas agreed to
submit to the decision of that court, and that he
acquesced in the decision. quote MIR d. again
concerning what he calls an abstract question"
The question may be abstract" but it is one
involving the equality of the States of this UIir,
aid the vital rights of more than half of them
alt matters not, says Mr. Douglas, what way the
Supreme Court may here decide as to the abstract
question whether slavery may or may not go into
a Territory under the constitution"
They all looked to the period when they should
come into the Union as State as the time when
the territorial authorities might act on the subject
of property, and hold exclude the slave property
of the South. Time will not allow ME to do much
more than to state these propositions, but | will
read short abstracts from the celebrated report
made by the committee of thirteen, of which Mr.
Clay was chairman, which resulted in the compro-
mise measures of 1850. 1t is calm and lucid, has
no clap-trap phrases, and puts me in mind of the
language used by the Supreme Court.
Mr. Breckenridge here quoted from vol. 21st of
the Globe part 1st, page 945
He continned: That was the doctrine of non-in-
PREVENTION in 1850. 1t was no interference to ex-
clude by Congress, or the Territorial Legislature
but to leave the question to be decided by the peo
pie when they came to form their State constitu-
ton.
Mr. Breckenridge here read from speech of
Daniel Webster, in which the position is taken
that territorial governments are in state of pupil
age under the protection of the general govern
ment; that they have power not g ven to them
by Congress- that it is duty to provide for the
people of the territorial governments to secure
their peace to secure their property, to assign to
them subordinate Legislative authority to that
the protection of their persons and the security
OF their property all regularly provided for; to
maintain them in that state until they grow into
sufficient Importance in point of population to be
admitted into the Union as State, upon the same
footing with the original States
Mr. Breckenridge continued: Do you suppose
that Daniel Webster, after the opinion of the Su-
preme Court that l have read to you, would have
considered it becoming in him to point out some
contrivance or device by which the Territorial
Legislature could violate the constitutional rights
of Southern States? Not he; nor would Clay, nor
any of the great and good men who figured in the |
earlier days of your history.
The judges and Governors of these Territorial |
governments are appointed by the President and |
Senate of the United States, and paid out of the
public Treasury; so that the very LEGISLATURE