Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1860-09-19

Drove
@ Ordinarily a bill cannot be taken from Terrific.
rial Court to the Supreme Court Of the United
States until the matter in controversy amounts to
one thousand dollars and in order that this question
might be tried before the Supreme Court, clause
was inserted to meet the contingency. During the
period between the passage Of that bill and the de-
cision Of the Supreme Court, all persons on each
side entertained their own opinions.
We in the South held that the Territorial Legs
latnre did not have the power. Mr.. Douglas and his
friends held that the Territorial Legislature did have
tho power We suspended that question and referr
cd Il by bill to the Supreme Court Of the United
States to determine the constitutional question
I therein involved.
There was body to whom we could refer the
question: and VIC thought it unnecessary further to
debate it. each party agreeing to acquiesce IN the
decision as rendered Sy the said body. j think
that is pretty plain statement on that point. L
make, it TO show that there was vow taken by the
southern friends of the measure in Congress, ana
among them VOW taken by your humble speaker,
to support the decision. suatsn't - r'stP
Mr. Breckenridge here read some extracts from
his speech delivered in the House of Representatives
in 1854 We were willing he continued, to have
the question decided by the courts of the United
States Again, ] say il was commended, upon the
one hand, upon the idea of the equality OF the
States under the constitution and their common
property the Territories) that the citizens OF the
slavcholding States may remove to the Territories
with their slaves, anu tere leBiy uOlu lueih unlh
the Territory is resolved into State.
In that capacity it may exclude them On the
other hand it is said that slavery, being in conflict
with common right, can exist only by the force oil
positive law, and il is denied that the court ever
furnished the law. / said that we demand that all
citizens Of the United States shall be allowed to
enter tho common Territory, with the constitution
alone IN their hands, for that instrument protects
the title of the master to his slave in this common
Territory You cannot complain if it does not pro-
tect his title We ask no help from Congress If
difficulties occurred we were to let them be submit
ted to the court.
Now, upon my own personal vndicaton, the doc
trines announced by me in that speech were just
such as have ever declared in the commonwealth
Of Kentucky, such as have ever declared in every
public address that | have made in Ohio, Indiana,
Michigan and Pennsylvania. Afterwards, when it
was understood that had been charged, or that
had admitted that this powor belonged to the Terri
toria Legislature in the month Of September or Oc
tobcr 1856, the editor Of the Kentucky Statesman,
published in this city alluding to this charge made
the following statement to which beg leave to re-
fer you. Mark you, this was before the presidential
election Of 1856.
Mr. Breckenridge then read from an editorial in
the Kentucky Statesman Of October, 1856, in which
il was stated that during his tour through Indiana
and Ohio, he (Mr. B. avowed the sentiments he had
often proclaimed in Kentucky, and which arc already
embodied in the Cincinnati platform, that he denied
that the democratic party was, in its federal rela-
tons, proslavery party; that it was neither such
party an anti-slavery party; that il negatved
the inter ference Of the federal government whether
to introduce or exclude slavery and left the Terri
tories open TO common settlement from all the
States; that each State was entitled to form its own
constitution. and enter the Union without dscrim-
nation by Congress on account of its allowance or
prohibition Of slavery, and that the statement that
Mr.. B. advocated squatter sovereignty was untrue
al l..
Of the same year received Louisiana paper, con-
tanning some remarks made by Gen. Mills who
heard my speech, in which he denied that | had adj
mittted this doctrine Of the territorial power. He
sent me slip containing his speech In the same
month, before the presidential election. answered
him. saying-lIands off of the whole subject by the
federal government except for or two protective
purposes mentioned in the constitution the equal
rights of all sections the common territory, and
the absolute power of each new State to settle the
question in its constitution. These are nv doctrines
and those Of our platform, and what is more, Of
the constitution [Cheers. Now, fellow -citizens
against the statement Of that distinguished Senator
in which he undertakes to prove allegations against
myself by himself l thus oppose my own state
ment.
Next in proof read to you from my speech in
1854 in Congress; the article in the Lexington pa
per before the presidential election; the testimony
of Gen. Mills, who heard that speech at Tippecanoe
MANS containing my opinion OF the question at that
time, and what has ever since been nv opinion
A voice -Now You are talking] think have
proven fully could be expected in the limits Of
speech, that the charge is unounded in fact, and
will add that the position I assumed that
taken by all the Southern friends Of the Nebrasks
BILL and by portion Of its Northern friends These
were our private opinions-these were opinions we
urged on all proper occasions, but did not un-
dertake to force all others to agree to them.
We had agreed to refer that to the highest tribur
nal in the Union. Now, gentlemen, having vindi-
Gated myself and the Constitutional Democracy from
the charge of having abandoned the position they
took in 1S54-56, turn upon my accuser, and I'M
dertake to show that he himself abandoned the
agreement he solemnly made at the time the
Kansas-Nebraska bill passed the Congress of the
United States, [grcat applause. and do not make
myself witness against him to do it. will prove
it by himself Voices, good good" and applause
On the I'd of July, 1856, in the debate upon bill
to authorize the people Of Kansas to form consti-
tuition preparatory to admission into the Union as
State when the question arose as to what was the
true meaning of the Kansas Nebraska bill, and the
limitation Of the power of the Territorial govern
ment Mr. Trumbull offered the following amend
| mcnt as an additional section to the bill:
| "And be 10 further enacted, That the provision
in the act to organize the Territories Of Nebraska
and Kansas which declares it to be the true intent
and meaning of said act not TO egislate slavery into
any Territory or state, nor 10 exclude u thereirom
but to leave the people thereof perfectly free form
and regulate their domestic institutions in their own
way, subject only to the constitution Of the United
States, was intended and does confer upon or leave
to the people of the Territory Of Kansas full power
at any time, through its Territorial Legislature to
exclude slavery from said Territory, TO recognize
or regulate it therein" -
That was Mr. Trumbulrs amendment against
which an overwhelming majority Of the Senate vo-
ted including Gen. Cass and Senator Douglas. Let
me, however do Mr.. Douglas the justice to say that
he voted against that amendment not because he did
not believe the territorial legislature had the power
to exclude slavery from the territory, but because
he did not believe it consistent to decide the
] question legslatively which they had agreed to
| leave to the Court.