The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-30

able 10 provide this protection from Congress in the hrs
instance But il he does not propose to come back 10
Congress for protection must be because he supposes
that although the territorial legislature has power 10
grant protection Congress has moi power II this be 3d.
then the territorial government has sovereign Jufisdic-
ton upon the subject of slavery aud the rights OF ms
constituents the Territories not what he has asserted
but just such the territorial government chooses 10
make them. This he will not agree 10. am sure bui
will with that their rights exist under The con-
stituton Well if these rights are created by 'he coho
tuition, aud are rights appertaIn'hg 70 our
relation what other authority or jurisdiction can he
for their protection than the federal government
What sort OF constitution OF government would thal DC
under which rights are created without aa aulhoiy 81
power to enforce protect them And Al the Tght OF
the citizen to protection OF his property exists unae we
constitution and the duty 10 protect all rights cfealed ny
the constitution attaches to the federal government
surely Congress- and not the territorial government, y
the primary depository of the power and duty, aud must
be looked to first and last to discharge the obligation
Upon the whole, must insist that II the senator would
give logical sequence and Just application 10 his opinions
the right OF the South to be protected IN the Ieo
fles, he should vote with us Tor this amendment ana o
But there another point in the passage OF his speech
which have read important To be noted The senator
has all the while complained that our clam Tor pioef
ton TO slave property in the Territories was incompatible
with the admitted absence OF power IN Congress 70
establish OF abolish slavery" The from Ken.
tueay MI ChAr and the senator from 's s M
has removed all occasion for answer. Speaking OF the
territorial legislature, he says should undertake 70
would be mere nuty," and that the courts would
bound to pronounce but that if territorial egsla
on protective of slavery shoad be subjected the same
test, he cannot doubt it would be held valid The seDa-
tor then has recognised in the most distinct terms the
broad distinction between the power to abolish and the
duty to protect trust we shall never again DC told iha
because deny Congress the power to abolish or ex
cude slavery, are precluded from demanding proec
lion for it.
propose now to conne my further observations to the
subject of intervention 1t has become important to
examine this doctrine with some Tor we lind II con-
santy presented barrier to he reasonable Legislation
ask in behalf OF important interest OF the southern
What is meant by the doctrine OF non intervention? If
what the senator aud Of his friends under
stand by il, then, indeed, it is missioner, and worse
yet, is a delusionl had almost said fraud--nO OF
course, mpung 10 the senator any purpose OF the sort
Nothing could be more fatal 10 the just rights Of the
South, opposite, as conceive to sound con-
srucOn OF the constitution, than this doctrine, as con-
s,rued and applied in debate by It's most prominent advo
cate MIR; CAss,l and others OF its champions =,
Ii understand them correctly, they CLAIM, as resulting
from the rule OF non-inlervenOn that II We acquire ter
ritory from nation whose laws abolish property IN
slaves Congress cannot declare the nuly oil such laws
that if distractions TO the secure tenure and enjoyment
oil slave property exist IN The Territories Congress cannot
remove them; thai Legislative protection needed TO
give assurance private right in slaves Congress cannot
give it; that Territory chooses, violation OF the
constitutional right of the citizen, TO abolish the properly
OF emgrant his slave refuses to yield to his right
the protection which claimed and allowed to other
property, Congress cannot interfere to correct the wrong
In all these intervention, they say, forbids
Now, what does all this doctrine lead to- In the FIRST
place, is, to all practical intents, far our present
possessions are concerned, as was well insisted this
morning by SENATOR the Wilmol Proviso because the
negaon OF the power 10 protect this right, and the reu
sal oil the duty TO remove alleged or appehendsI mped
mens, creates, 10 say the least doubt TO the safety
OF emgratng 10 the Territories with slaves, which, IN
effect, may exclude us.
In the next place. is non action far the security
OF slave property concerned and action against It, 1t
is in very truth the active exercise OF the power to ex
cute while the power 10 protect IS negated The seha
tor from Michigan who stands before the country as the
author and chief defender of the doctrine has declared
that he considers the Mexican anti slave laws remain
ing force in the recently acquired Territories II they
do s because at the transfer they became American
laws--aws OF the United States No law have force,
existence, which does not represent the will OF
the authority Certainly the Mexican authority
has ceased these Territories and has been succeeded
as all admit. by the authority of the United States, which
is now the supreme authority in them. WE'LL now, how
can any law exist there for moment but by the will OF
the United States, represented. it's legislative FORM
oy congress, True, congress will not make express
because the supreme will ascent is for the sake OF
order, presumed until otherwise declared Still. whether
by presumed direct assent, the laws for their
sanction upon the will Of the supreme auhority-upon
the will OF Congress- which. in tins case. represents
authority Now, then. If the courts decide that the will
OF Congress is presumed, its will thus employed in the
positive and practical exclusion OF slave properly from
the Territories In other words, Congress erms WILL
oy judicial decision TO infroene for the prohit on OF
slavery the lately acquired Ter,ores but # required
to declare that such rs not It's will, the senator from
Michigan ana he from Mississippi protest that the prin-
cIpe OF non intervention is in the way.
But this is not yet the consequence of nonnte
venon 40 interpreted: Tor. the third place. pract
cal arrest OF all further colonization by the South upon
the continent The lately acquired territory was from
nation which prohibited slavery. The same condition
the TACT as 10 all vacant territory remaining upon
continent II the laws OF the acquired couaTy come
with the land, and Congress repeal them, If
even doubt OF their annument be allowed re
main, IT will be in vain. lar the South concerned.
that any future acquisitions made. The OF the
whole will be, that, under this new doctrine me ines Of
the SaVe States UW haze been fired their present fs
u this be the doctrine OF the democratic platform then
Trojan horse has been introduced the citadel OF the
South. That Is all shall say about IT,
But non intervention has legitimate and reasonable
meaning, and, understood IN It's true sense not only
without objection, but is a correct principle.
As rule arbitrarily applied to the right OF property
slaves, and TO no other description of property, 1t would
involve discrimination injurious 10 the slave interest
and degrading to the South but principle growing
out OF the nature of governments a uction OF
the constitution, founded upon the republican idea OF
limited powers and strict Interpretations is worthy OF
all acceptance.
Originally and abstractly, all political rxht is in the
people OF the several States, The constitution or com.
pact between the Siaes decides what pat those rights
shall remain under the protection OF the State govern
ment. and what shall be taken under the Joint protection
OIL the United States also creates, and far ne
cessary defines the relative rights OF the States and OF the
citizens of the States IN respec, 10 Their federal or
United and JOINT interests. Congress, tied down by the
republican rule OF construction ls confined strictly TO the
duty OF carrying into elect the purposes and mandates o
me constitution 1t has no other power, other duty
II cannot originate "establish any political right
The constitution recognised and established all the rights,
and The only rights under the federal Unon which
meant to be guaranteed and defended by power Nor
ILL