Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-09-16

l OOAStttU(tOIs
ssI consider the assault upon me SO absurd as
be unworthy Of further notice" 49,
The recollection of my letter to Gen. Miles ba
/ wholly faded from memory, and was revived only
few dave since when that gentleman printed ;t /
a Southern journal, and sent me a copy
Now fellOV-citizcns, TO the statement Of the dis
tinguished Senator from Illinois, in which be under
takes to prove allegations against me by himself
! thus oppose, first, my own statement. Next, tn
| proof furnished in my speech Of 1854. pending th
Kansas Nebrasks bill in Congress; next the testi
| mcny Of the editor Of the Kentucky Statesman
who is q gentleman Of uEquestionsd intelligenc
and honor next, the statement of Gen. Miles, VII
heard my speech at Tippecanoe-and, finally, m,
letter to him written prior TO the Presidential elec
tiOn of lS56-a these proofs being consistent will
each other, and, as ] solemnly affirm, consisten
6lso with my uniform opinions. "A voice" Nov
you are taking"
Il would not be difficult to accumulate testimony
on this point to sny extent but | think havt
proved conclusiVely that the charge is unfouuded
and will add that this was he position held BY
nearly all the Southern friends Of the "Nebrsskl
bil," and by portion Of its Northern supporters
These were our opinions and they were uttered OF
all proper occasions; but We did not attempt tc
force others to accept them. We had agreed tC
refer the question to the highest judicial tribunal
in the Union. Cheers
Go 10 the records Of Congress read the debates
of that period. They will dispel the clouds and
darkness with which a multitude of WORDS has OBJ
seured this subject. No historical fact is
tain than that the South insisted on the repeal Of
the Missouri line to open the Territories to nmoD
colonization from all the States, and that when met
with the dogma Of Territorial power to exclude her.
con6den. in the constitutional strength of her posi-
tiop she offered 10 test it by the opinion Of the Su
preme Court and that offer was solemnly accepted,
and the agreement placed on the records of the
country.
And, now, having viudicated myself, and the
Constitutional Democracy, from the charge Of haV-
ing abandoned the position We held in l854-56, /
turn upon the aecuser and undertake to show that
he himself abandoned the agreement he solemnly
made al the time the Kansas-Nebrsska bill passed
the Congress of the United States, great applause
and do not make myself witness against him 10
do it. will prove it by himseg. lVOice-"GOod,
good" and applause.
In debate in the Senate Of the United States,
on the I'd Of July, 1856, upon bill to authorize
the people of Kansas to form Constitution and
State Government, preparatory 10 admission into
the Union as State, when question arose as TO
the true meaning ef the Kansas-Neorasks bill, and
the Limitation on the power of the Territorial Gov
ernment, Mr.. Trumbul offered the following amend
ment, az an additional seetion 20 the bill:
sAnd be it further enacted, That the provision in
the act TO organize the Territories Of Nebraska and
Kansas which declares il be the true intent aud
meaning of said act, not to legslste slavery into
any Territory SIste to exclude it therefrom,
but to leave the people thereof perfectly free to
form and regulate their domestic institutions in
their own way, subject only to the Constitution Of
the United States" was intended 10, and does con-
fer upon leave, to the people Of The Territory of
Kansas full power, ct any time through its Terri
torial Legislature, TO exclude slavery from said
Territory, or to recognize and.reguste it therein"
Against this amendment an overwhelming ma
jorty Of the Senate voted, including Gen Cass end
Senator Douglas. Let me, hoWever, do Mr.. Doug
las the justice say thst he voted against it, not
because he did not believe the Territorial Legisa-
ture had the right to exclude slavery from the Ter
rtoTy, but because he did not believe it oonsis
tent 10 decide the question egisatvely, which they
had agreed TO leave 10 the court. Gen. Cass says
THE South consider that the Constitution gives
them the right of carrying their slaves anywhere in
the Territories. II they are right, you can give
power to the Territorial Legislature to interfere
with them. The major part of the North believe
that the Constitution secures no such right TO the
South They believe, of course, that this power is
given to the Legislature. l repeat that there is
nothing equivOcsl in the sct. The different con-
siructons of it result frcm tquivocation in it,
but from the fact that here is important cousIi
tutional question, undetermined BY the Supreme
Judicial authority; and, in the meantime, ndivid-
uas in different sections of the UnItn put their own
constructions on it. We necessarily brought to
that stale of things. There is no power which the
Senator from Illinois use-no words which he
can put into an act CT Congress, that will remove
this Constitutional doubt until it is finally settled
by the proper tribunal"
Mr. Douglas, in the ssme debate, in speaking of
the attempt of his colleague to coerce an opinion
from him up.n the question whether the Territorial
gslatHre had the power exclude slave property
before they came State, said:
"My opinion in regard to the question which my
colleague is trying TO raise here has been well known
TO the Senate for years 1t has been repeated over
and over again. He tried the other day, as those
associated with him used to do, two years ago and
last year, TO ascertain what were my opinions on
this point in the Nebraska bill; told him IL rds
judicial question. This would not suit them. Whyi
Their object was to get me to express judgment 80
that they would charge me with having urged diff
ferent view at home, though | had expressed the
same opinion here, pending tnst question, and
though l had previously many times avowed the
same thing. My answer then was, and now is that
if the Constitution carries slavery there let it CO.
and no pow er on earth take it away but if the
Constitution does not carry it there, no power but
he people can carry it there, whatever may be the
rue decision of the constitutional point would not
have affected my vote for or against the Nebraska
bill l should have supported ii just readily if
thought the decision would be one way as the other
He will also find that stated l would not discuss
he legal question: for by the bill we referred it to
he courts"
Still lster on the 18th of May last, in the Senate
Mr.. Douglas said:
''In the debate growing out of the Toombs bill my
colleague put the question to me after il had been
over aud over again in the previous
peeches, whether or not Territorial Legislature
lad the power to exclude slavery. He had heard
ny opinion that question over and over again
did not choose to answer question that had been
often responded to, but referred him the judi
nary to ascertain whether the power existed. be-
ieVe the power existed; others believe Otherwise
We agreed to differ; agreed 10 referit to the ju-
liciary; We agreed to abide by their decision"
l think have shown that upon the point of dis
'ue between the friends Of the Kansas bill, TO
he power OF 9 Territorial Legislature to exclude |
lave property it was agreed 10 refer it to tie Sn-
rene Court, and when it lad bfen judicialy de-
ermined that should abide by their decision, as
settlement of The constitutional question.
Now bear with me while read q very little from 4!
he opinion of the Supreme Court of the United
tstes, in the Dred Scott case, rendered 10 the |
priug of 1851 and three years after the passage of
be Kausas bill.
Ny friends, oceans of ink have been shed and |
thousands Of speeches have been made; all the caich-
Tords of demagogues and all possible forms of stat
ng the question have been resorted to; eloquent |
ppeals to the passions and prejudce3 of the people
ave been made in the discussion of this issue |
,et US for moment turn aside from this hot, seeh-
Dg, boiling oauldron of paItizRn and demagogue |
rarfsre, to the calm enlightened, Judicial utter
nee of the most august tribunal on earth. Re-
eated applause. The opinion was cOncurred in
y all the judges, except two, and was delivered BY
be illustrious Chief Justice of the United States.
speaking of the acquisition Of territory the Court
ays:
"Bu as We have before said it was acquired BY the
Ieneral Government, as the representative ana |
rustee Of the people Of the United States, and II
lust therefore be held in that character for their
ommon and equal benefit; for it was the people OF
be several States acting through their agent sad
representative, the General Government, who IN /,
act acquired the Territory in question, and the |
Government holds it for their common use, until 1t
hall be associated with the other States as mem