Year: 1860

| OF the United states, was intended and
does confer upon, or leaves to the people
of the Territory Of Kansas, full power 10
exclude slavery from said Territory, or tc
recognize or regulate it therein"


That was Mr.. Trumbulls amendment
against which an overwhelming majority
Of the Senate voted, including Gen. Cas-
and Senator Douglas. Let me, however
do Mr.. Douglas the justice to say that he
voted against that amendment, not be-
cause he did not believe the Territorial
Legislature had the power to exclude sla-
very from the Territory, but because he
did not believe it was consistent to decide
the question legislatively which they had
agreed to leave to the Court.


Gen. Cass said (Nr. i. here quoted
from Gen. Cass) to show that the North
and the South differed about the powers
that might be given Territorial Legisla-
ture, and that the Kansas bill left that to
be adjudicated by the Court by which
alone the constitutional question could be
settled.


Finally, (Mr. Breckenridge continued }
Mr.. Douglas in the same debate used the
following language, in speaking of the at
tempt of his colleague to coerce an opin.
ion out Of him upon the question whether
the Territorial Legislature had the power
to exclude slave property before they be
come State, Mr.. Breckinridge here
read from Mr.. Douglas speech declara-
ton that this point IN the Nebraska bill
was judicial question which he would
not discuss, because by the bill it was
referred to the Courts.


Mr.. Breckenridge continued-On the
18th Of May last in the Senate Mr.. Doug.
las said Here Mr.. b read an extract
from Mr. Douglas speech concluding with
the assertion" We agreed to refer it to
the judiciary-we agreed to abide by
their decision."


think have shown that upon the
point of disputes between the friends of
the Kansas bill as to the power of terri
torial legislation to exclude slave proper
ty it was agreed to refer it 20 the Supreme
Court, and when it had been judicially
determined we should abide by their de-
cision. Now bear with me while L read
very little from the decision of the Su-
preme Court of the United States in the
/ Dred Scott case. Let us for moment
turn to the calm, enlightened, judicial ut
terance Of the most august tribunal upon
the earth. Repeated applause.] This
opinion was concurred in by all the Judges
except two, and was uttered by the illus
trous Chief Justice of the United States.


Mr.. Breckenridge quoted at considora-
BILE length from the bred Scott deciacn,
commenting on the points maintained in
that opinion, and continued as follows


Now, my fellow citizens, what is the
authoritative decision of the Supreme
Court of the United States, to whom we
agreed to refer this disputed question OF
the power of the Territorial Legislature
They decide that the Territories have been
acquired and are held by the Federal
Government, and that the citizens of all
the States may hold and enjoy their prop
erty in them until they take upon them
selves the functions of sovereignty, and
are admitted into the Union-nothing less
than State being competent to determine
the question of slavery or no slavery
They declared that the citizen enters an,
Territory with the Constitution in hi
hand, and that the Federal Government
can exercise no power over his property
there which that instrument has not con
ferred and they declare that since tn,
Federal Government cannot do it, still
less can it force territorial governmen
to exercise those powers which it coult
not confer upon any local governments
right to distinguish between slave proper
ty and other kinds Of property, for no dis
tinction exists that property in slaves il
recognized by the Constitution of the Uni
ted States-that there is no word in tha
instrument which gives the Congress o
the United States greater power over it
or which entities that property to les
protection than any other property,-ant
that the only power which the Congress o
the United States has is IN guarding ant
protecting the rights of citizens. Ian
guage could not make it palmer.


l have heard it said that the case whicl
went to the Supreme Court of the United
States was not the case which went fron
the territories, but a case that went from
State, and therefore nobody is bounc
until case comes from q territory and i
regularly taken up. We agreed to refe
it to the supreme judicial tribunal upor
any case properly arising and coming be
fore that august body. 1t was a prope
case and properly decided by the Court
, 1t covers the points of difference betwee,
, the friends of the Nebraska bill. 1t
| candid, clear and statesmanlike.


t Now ] have shown you the points c
difference between us in that bill, and til
l agreement between the friends of the bill
: l have shown you the decision of the Su
= preme Court We have arrived at
4 point where there should have been han
t mony and peace-a point agreed upol
II. The only point of difference had bee
= determined by the highest judicial author
: ity of the Union, OF course the constitl
It tonal question was settled according
d the agreement.


IN, A. n.,,.I 49,.