The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-04-10

HALL OF THE HOUSE OF REPRESENTATIVES
| TUESDAY, APRIL Q, 1861
IN COMPLIANCE WITH AN INVITATION OF THE
LEGISLATURE OF KENTUCKY.
After referring to the invitation which had been exten
ded to him by the Legislature and to his personal efforts
at Washington, Mr.. Brecknrdge proceeded follows
Mr. Speaker, stand now in the presence of broken
Union separation of the States has commenced, and
has been carried forward to certain extent. The
Of that separation ought be briefly considered before
to consider the in which the Union may be
restored, if that be possible 1t to me- sir if may
be allowed to make few general observations that diff.
cutes in which involved have not sprung up
suddenly The withdrawal of seven States from the Con-
federacy has not been the work of politicians alone
the impulse of sudden madness, the ebullition of
blind rage
Great communities of men do so act. We all know
that men are prone to suffer while evils tolerable,
rather than alter the forms which they accustomed
speak without reference to the merits of the movement
refer but with reference the 1t broke out
with volcanic force but the causes that produced IL had
been growing, the chemical that produce
canc eruptions have been long preparing in the bowels
| of the earth.
1t seems to me- sir that the causes of our present diff
cultes be found in the radical differences which
exist the people in regard to the character
| Common Government. The dominant party in this
country hold in theory, and carry out in practice the
idea that the Common Government is government made
| by the whole people in the aggregate and a unit
hey a or refuse TO recognize the prominent and dis
nctve existence of the several States parties to the
|
people, and OF government by the people They say,
you not willing that the majority shall rule? What OBJ
lection have you to the expression of the will of
iory-no matter in what form that majority shall de-
termine, in what manner the will of that majority
ascerained? It's sufficient answer to your objection,
they say, that this Is peoples government, and
bow to the will of the people of the majority of
the people In all this sir the existence these States
| is ignored.
| The eminent gentleman, the President of the
United States, declared upon recent occasion in pub
lie address, substantially, that the States hold the same
Government o
State hold to the State itself Accordingly they
prone to attempt to administer Federal affairs between
the states precisely the Legislature of
minister the affairs to each county within its borders
Growing out OF this is proneness to ignore constitution
al limitation and to do in the several States just what
ever the dominant party desire to do. Growing out
of this is claim to monopoze all the Territories in the
United States. 1t is vain make constitutional argu
ment-vain appeal to the practice of the Government
vain to appeal TO the decisions of the judicial tribunals
of the land They will tell you that the will of the
on is against it. The majority of the people in these Con-
federae States being in favor of excluding nearly
half of their brethren, and having the numerical power
to do they propose to do so in accordance with the
vicious tn cory which they entertain and of which have
spoken.
p9ak of this difference as one of the causes which has
tend ed to produce the condition of Federal affairs
1t is which will have to be argued in Kentucky be-
it is of the nature of political differences to work
themselves out to their ultimate We will have
determine whether this is simply popular consolidated
government or limited confederacy with constitutional
limitaons-a government made by the several States.
hold the theory contained in the Kentucky Resolu-
ons of 9S, which, believe, have been endorsed and ap
proved by the great majority of all political parties
time another-that the Federal Government is COM
pact government between the States that it is not the
final judge of its powers since that would make its
discretion not the Constitution the of its
but that in the last resort each judge for it.
self of the mode and of redress AS wedetermne
that determine other neutrality-suspicious. of treason
questions of allegiance and other questions that may
arise IN the progress of the existing difficulties
do not hold that any party has causeless right to
break up or withdraw from the Government. l do not
hold the right of State to dissolve its connection with
the Union by causeessly breaking the compact What
mean to say is that State can judge for itself of the
mode and measure of redress Its confederates have
rights and may also judge Of the mode and of
redress II the magnitude of the difference be such that
it leads to collision there may be bloodshed, but the
bloodshed will be between two governments and the cha
of the contest will be Those taken prisoners
not to be hung as traitors but are to be held as p
soners OF war This one OF the important questions
which will grow out of the decision of the question which
agitaes the country Hence, sir holding these opin
under whose Constitution was born while
will adhere to it with fidelity and cooperate in
to restore it to its pure original principles hold that the
ultimate action of my State is my acon-her destiny is
destiny; that will share it with her; and that in
going with her do not feel that am traitor to any
other government do not feel that that divine al
legiance which will cause to the hazard of being
hung by authority the other according each may
get possession of my person.
Mr Speaker, 1 believe that the Federal Government
intended for confederacy of States and in the lam
of the Constitution, went into operation between
the States ratfyirg the same. We get along with
this Common Government confederacy. We get
along with it as consolidated popular government We
have various interests at stake We are, in many
spects various people. We have the Purtsns in New
ulnerent
parts OF the South We have German element SO scat
tered OF the Northwestern States that nearly
controls them. The States possibly capable of being
united in confederacy for few and limited purposes
but that is all. Why if were as the Administration
holds-if majority of the nsaveholdng States, for
example, putting aside the limitations of the Constu
ton being the final judges of their powers- they
by forming themselves into vernment, control
what kind of government is this? 1t is the most
extraordinary nonresident despotism that existed
among men. Not only is it a despotism, but aen
resident despotism When it assumes party form:
themselves
b. tb bs @ b %a sy @ h
tves; when they REFORM to their language the
purposes of the federal and judicial ibunas-hee you
have President House of Represen tatives and Sem
ate, all elected sectional grounds-it is an alien gov
ernment, the worst that ever cursed the world
THE cRIrrENDEN RESOLUTIONS AND PEACE CONGRESS
PROPOSITIONS REVIEWED
The declaration in the provisions the Peace Confer
resolutions that Congress ought pass more
eectuay to each State the rights privile
of the several States the germ fear, of aggres
tonal majority against the rights and interests the
Southern States conhne myself to the territorial as
pec the resolutions Mr. Crendens resolutions upon
that subject clear and explicit
"In all the territory hereafter to be acquired
north of latitude 36 degrees and so minutes slavery
involuntary servitude except punishment for crime
is prohibited; while in all territory south of that line
slavery hereby recognized existing and shall be
interfered with by Congress- but shall be protected
property by all the departments of territorial govern
ment during its continuance All the territory north
south of said ne within such boundary Congress may
prescribe, when it contains population necessary for
member OF Congress, with republican form Of govern
equality
with the original States. with without slavery the
Constitution of the States shall prescribe"
That is clear and explicit, Everybody understand
it. By constitutional provision in all the territory north
of given line slavery shall be prohibited Clear,
pie, broad, unmstakeabe language By the
luton in all the territory south of certain line, nvol
untary servitude shall be recognized existing, and
shall be protected. Equally clear with the other
sure, just and reciprocal.
Let the language of the Peace Conference esou
tions upon the same subject
I'm II of the present Territory of the United States
of deg m
involuntary servitude except punishment of crime
shall be prohibited In all the present Territories south
of that line the status of persons held to involuntary
vitude or labor it exists shall not be chang
shall any law be passed by Congress the Territorial Leg
the States of this Union said Territory pair any
rights arising from said relation but the shall
subject to the Judicial cognizance of the Federal Courts
according to the common law"
That is clear and explicit, and unmistakeabe as the
kindred language in Senator Crittenden's
1t is stated in the report made the Government of
Kentucky that the only substantial difference between
the two sections that the section of the Peace Conference
does not provide for the acquisition of future territory
That is important omission. 1t is question that
should be settled finally and for all time We expect to
eXpand-we know do In settling present diff
cutes let us not patch up temporary settlement, leav
ing to these convulsons at distant day One
of the great advantages of the Territorial plan proposed
by Governor Crittenden was, that, if adopted it
fna eternal settlement of the disputes between the
North and the South on the questions growing out olaf
| rican slavery.
But that net the only difference. The report goes
on to say:
|
ritory is the same in the amendment proposed by the
Convention and by Mr. Crittendens proposition. There
is difference of language in respects between the
two sections but they both the thingthat is
| African slavery
II that so, and the Crittenden Resolutions
known all over the country and had been approved by
Kentucky and other Sates-f it the same in inter-
est and meaning-why adopt that which fanil-
lar to the people and had received the of the
people of the Sates9 The Conference Report on to
say; ,s., :, - r,,+
slavery is hereby recognized as existing south of that
was Gsese o es1otis 9 s In mEht @ e RI BY
constitutional provision"
But the meaning of the language does not Justify such
Inference To recognize the existence of fact is not
to establish that fact by law. No. gentlemen, it
quibbe the part of the Northern delegates to that
Convention. They inter ded to commit their people
themselves to any form of language by which prop
erty frcan slaves should recognized any
tory. They have been that undying principle
their political party all the time In Congress and in the
Peace Conference they give such phraseoogy their
olutons and that they committed to
cognize, in any form property in African slaves under
| this Common Government of That is the
they object to the language of the resolutions of dis
tinguished friend They did not regard the in
meaning and intent will tell you why they objected to
| it. 1t is said here
SIT may be here to state what the stats of per-
held to involuntary service labor in all the Ter
rtoy of the United States south of 500 3O By the law
of New Mexico which the whole of the Territory
south of that line, African slavery exists by Territorial
enactment protected by the Constitution Of United
States The laws Of the Territory protect the right
provide remedies, civil and criminal for injuries
violation of such right completely and eGectuay
| as it is protected in the State of Kentucky"
The argument is that the resolution declares that in
the present territory south OF that ue the status per-
| mining what that status is.
Now, what folowsH The law of the Territorial Legis-
aure and its legal effect has been the subject of discus
sion from the beginning Now Mr. Lincoln sends Judges
out to the Territory of New Mexico to determine this
satus-udges appointed according his political prnc
pies to determine this status upon the principle that the
,,n,n nfalI