Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-09-13

Ithnk have shown that upon the point of dispute be-
tween the friends OF the Kansas Bill as to the power OF
agreed to refer it to the Supreme Court and WHEN
been udciay determined should abide by their deci-
decision of the Supreme the o. States the bred
Scott Let for moment turn to the calm
Judicial uterance the august buna upon the earth
Repeated apIsuse This opinion concurred in by all
the Judges except two and altered by the usrous
Chief Justice of the United States ,
Mr. Brecknriae quoted at considerable length the
bred Scott decision, commenting the points maintained
in that opinion, and continued as follows
Now my fellow citizens is the authoritative decis
ion of the Supreme Court Of the United States 10 whom
Territorial legislature They that the Territories
have been acquired and held by the Federal Govern,
enjoy their property them until they take upon them
selves the functions of soveregnties and are admitted into
the Union.
Nothing less being competent to determine
the of slavery slavery they declared that the
citizen with the Constitution in his hand
that the Federal Government exercise power
his property there which that instrument has
rred and they declare that since the Federal
do it, still less can authorize Territorial Govern
exercise those which could not enforce
local governmental to distinguish between slave
property and other kinds of property where no distinction
exststhat property slaves by tae Cons
strument which gives the Congress of the United States
greater power which entities that property to less
er the Congess Of the United States has, in guard
ing and protecting the rights of citizens. Language could
have heard said that the which the Su-
preme Court of the United States not the which
went territories but that from State
and therefore nobody bound until from
Territory and regularly taken up reply agreed to
refer it to the judicial tribunal upon
pery arising and coming before that body
the points of difference between the friends of the NebraS
ka bill. 1t is candid, clear and statesmaplike.
Now have shown you the points of difference between
that BILL and the agreement between the friends of
the BILL have shown you the decision Of the Supreme
Court We have arrived point where there should have
been harmony and peace-a point agreed upOn-the only
point OF difference had been determined by the highest u
dica authority of the Union Oconrse the constitutional
ON w tied inp tn he agree
The opinion OF the Supreme Conft delivered in 1857.
Everything quiet until the 1859 when the Senator
from Illinois (Mr Douglas) candidate for reelection
from that State and then for the first time in the history of
American politics. find the opinion advanced that there
was mode by which the subordinate authorities may
rule the opinion of the highest Court in the Union
Then We find the agreement abide by the decision of
ordinate Territorial authority may conscate exclude
the Territory the property of citizens of the Southern States
country.
In debate between Senator Douglas aud Mr.. Lincoln,
the former said The next question propounded by
Mr. Lincoln isCan the people of Territory any lawful
way, against the wishes OF the United States exclude
slavery from their limits prior to the formation Of the State
Constitution! answer emphaticaly, Mr.. L. has heard
me hundred times from every stump Illinois,
That IN my opinion the people OF Territory by lawful
| tiOn Of a Stale Constitution
That question it agreed the BILL
10 refer to the Supreme Court and decided, have
Just shown you the year before this speech made by
Mr. Douglas IN which decision they that neither Con
gress the Territorial has the power exclude
slavery but its only right duty guard protect
u.
question to that Court and that he acquiesced in that de-
cslon quoted Mr. d. again concerning what he calls
abstract question The question be abstract, but
1t involving the equality Staes of this Union
and the vital rights of than half of them. Cap
plauseD
1t matters not says Mr. Douglas, ''what way the
supreme Court may here decide abstract question
slavery may or may not go into Territory under
They all looked to the period when they should come into
the Union as State the time when the Territorial al
thortes might the subject property hold
exclude tie slave property of the south applause >
propositions, but will short abstracts from the cee-
nrated report made by the Comm of Thirteen, of which
Mr. Clay was chairman, which resulted 10 the compromise
measures OF 1870. 1t is calm and lucid, has clap trap
and puts me in mind of the language used by the
supreme Court
part lst page 915 |
He cOntnuedThat was the doctrine of non-inervention
IN lS50 1t was interference exclude by Congress, or
the Territorial Legislature but question
Constitution.
Mr. Brecknrdge here read from speech of Daniel Web
ster III which the position is taken that Territorial Govern
are III state OF Puplage under the protection of the
General government that they have power given
them by Congress- that it is duty provide the
people of the Territorial Governments secure their peace
10 property to assign to them subordinate Legis
authority TO see that the protection of their persons
ana the security of their property regularly provided
lo TO MAINTAIN them 10 that state until they grow into
sCen Importance IN point of population to be admitted
nto e Onon as State upon the footing with the
MIR Breckenridge continued-Do you suppose that Daniel
WEBSTER alter the opinion of the Supreme Court
read to you would have considered becoming to
|
rial Legislature could violate Constitutional rights Of
Southern States? Not he would Clay, any the
ana COCA men who figured in the earlier part of
The Judges and Governors of these Territorial Govern
nens are appointed by the President and Senate the
States and paid out of the public treasury the very
Legislature which they invoke to exclude your property
Vi ne treasury out OF the money to which that very
property contributes by taxation (Appause) The
uce OF Government has been always different.
INF B. here entered into argument show that Con
ges mas power to protect property Territories, and
ILLINOIS, that Congress had exercised this power
Inc principles have tried feeby vndicate here, he
continued the principles upon which the Constitutional
Democracy stands to-day.
If they the principles of the Constitution and the
Union then Constut,nass and Unicnists (Cries
OF that's And yet for two three months you have
heard loud and camor that Democrats
with whom am connected dsunionists supporting
organlzatlonthat seek to break up this
tederacy OF States hardly know is personal
charge against myself, how to answer it.
A voice" Tell EN- it lie.'1
The whole stock trade of these ANONYMOUS writer's and
wandering orators over the country the cry
disunion This MAJ and his party, they say, attempt
principles be sectional tend to dsunon are based
upon the Constitution And yet the large number young
gentlemen who are engaged ringing bells still with
tongues as long and heads empty the which they
ring cry disunion!" prolonged laughter and cheers
from sources yet more eminent the information
that l. and the political organization with which con
are aborng for the disruption Of the Confedeacy
do not reply to what Mr. Douglas says all over New
England in Virginia. and wherever he goes because it is
quite natural for gentleman interested as he is to
nK mat any man who approves my principles be
disunionist (Cheers and ugher Indeed by his decar
aoa we must all be dsunionists in Kentucky for he
cares That those who assert that the Territorial Legislature
has power to exclude slave property and that
should inter for it's protection dsunonists and
year. (Appause.) ~ '
my own State, where certainly thought my character
ana anecedents were KNOWN of the Oldest and most
eminent of public has not said that was disunionist
but lntimated that connected with organization
whose bone and bodyis dsunon refer Mr.. Critten-
den IN speech made at Louisville have known and
admired him. and he has known Towards him have
fl
and cordial esteem These are reasons which even had
ground for it. would prevent but perfect courtesy
mentary his principles merit and the Senator from f
nols in terms of eulogy he speaks his fellow in