Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-07-08
Judge DOuglas. The Supreme Court and
Mr.. BreckInridge GA the Powers of a
Territorial Legislature.

q The next question propounded to me by Mr.. Lin
coin is can the people of territory, IN any law
full way against the wishes of any citizen of the
United States, exclude slavery from their limits
prior to the formation Of State constitution Ian
swer emphatically. as Mr.. Lincoln has heard me
answer hundred times from every stump in nli-
nos, that, in my opinion the people of territory ca
by lah ned7sS erctde slavery from their limits prior
to the formation o. q State Constitution" >
1T MATTERS NOT WHAT WAY THE
SUPREME COURT MAY HEREAFTER DECIDE
AS TO THE ABSTRACT QUESTION, WHETHER
SLAVERY MAY OR MAY NOT GO INTO A TER
RIT0RY UNDER THE CONSTITUTION, TIRE
PEOPLE HAVE THE LAWFUL MEANS TO IN
TR0DUCE OR EXCLUDE IT AS THEY PLEASE
for the reason that slavery cannot exist day or
hour anywhere unless 1t is supported by local police
regulations. Those police regulations can only be
established by the local legislature and if the peo-
pie opposed to slavery they viii elect represen
tatves to that body who will BY unfriendly legsla-
ton, eeetually prevent the introduction of it into
their midst If. the contrary. they are for it. their
legislation will favor its extension. Hence, NO
MATTER WHAT THE DECISION OF THE SU-
PREALE COURT NAY BE ON THAT ABSTRACT
QUESTION, STILL THE RIGHT OF THE PEG
PIE TO MAKE a SLAVE TERRITORY OR A
FRxE TERRITORY is PERFECT AND COMPLETE
UNDER THE NEBRASKA BILL. 1 hope Mr.. Lin
coin deems my answer satisfactory that point."
judge Douglas Freep0rt Speech dug. q, 1858.
Debates q Lincoln and Douglas Page 50.
in the debate growing out of the Toombs' Bill my
colleague put the question to me after it had been
answered over and again in previous speeches,
whether or not a Territorial Legislature had the
power to exclude slavery. BELIEVED THE
POWER ExIsTED-J1dgs Douglas speech in reply to
DGUiS, Nay l6, 1850.
m the opinion of the that the Congress which
prohibited citizen from holding owning property Of this
tersip IS NOT warranted in The Const5tion and is
therefore, himself rer any Of his
they had been carried there BY owner with the Intention CT
becoming permanent resident"
The powers over person and properly Of which We speak,
only nat granted 70 C0Rgress, bat IN cypress terms
dOaief, and key forbidden 70 exercise them; and this
prohibition confined to the States, 6s tie words are
gserGl and eenG 10 fae eohole territory oAsch the
O0SttioR giUes p0sCeT 10 sgisdts, incding those 0T
tiOs Of Il UNDER TEERrrORIAL GOyEET ezds that COO
eTed oy StaseS. q g t9t9I Gosesee q PoseT egegAere
ses Of Territory 50 Jr as those Tgats are concerned on
- - i', - tf.S,s -s- y, -, - - ,I
general GoUeDaezt might atepsEs under TIE plea Of implied
beyond tie polDer CONFERRED on Tie FEDERAL G9Usr.
fEstt qoiH be admitted presume that 4 could not
tAoris TERR1ToRIAL GovERxT 70 exercise them could
confer Ropoer any GovExMENT established By its
authority TO VIOLATE ne provisions Of tbs Constitution
supreme Court in DTed SCOT Case
Gentlemen, l accept the decision of the Suprems
Court of the United States on every question within
Its jurisdiction whether il corresponds with my
private opinion or not accept II the more cordial
ly when, as in the case Of bred Scott, it accords
with my own convictions. l approve the opinion
OF the Supreme Court in that case, in all its parts
as a sound exposition of the Constitution and the
law, and of the relations of the black race to the
white race under our political system. Indeed, so
solcitous was ] that the principles and reasoning
of that opinion should be understood and sustained
in Kentucky, that printed and circulated large
edition through the State, and perhaps there is
scarcely member of the General Assembly who
has not received copy under my frank.
The fact that neither Congress nor Territorial
Legislature can cOnstituuOnaily exclude from, or
confscate in Territory, private property, having
been judicislly determined by the highest court in
the United States, confess that did not anticipate
the doctrine of unfriendy territorial legislation in
regard to African slaves 1t has no warrant from
the Constitution if recognize the highest Judicial
of that nstrument-,JOtB C. Brec6iR-
ridges Frankfort Speech, Dec q, 1859.