Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-03-23
SPEECH OF Mr.. TURNEY,
OF TENNESSEE,
ON THE TERRIT QUESTION

In SENATE, TUESDAY, MARcH IL, 1850.
The Senas having under consideration the Message OF the
President of the United States transmitting the Constuon
of California
Mr. TURNKEY The question involved in the resolutions
which are under consideration presents variety oi as
uc,s Ever since the constitution under which we are
living was framed the principle upon which this
has been conducted is that Of perfect equality among ne
States composing the Federal Union Without that equsy
the constitution could have been adopted by the Con-
yenton by which it was framed and if had been adopted
bv majority OF the members Of that Convention never
would have been ratified and approved by the respective
States when acting each in its sovereign capacy, N a'
constitution sir we find that there exists, for political Pur-
nose and for the purpose Of taxation, property in the nstu-
ton Of slavery We find that in experiencing representa-
ton an enumeration is made OF that class OF the poPuaon
and in aopoonng direct taxation reference is had TO the
institution of slavery Another provision OF the constitution
declares that slaves shall be regarded property and the
ENJOYMENT that property guaranteed by the constitution
of the United States to the owners and Propetors o. ~
hold them under these various provisions Of the constitution
Of the United States that slavery exists in all the States and
Territories Of the United Sates in those States where
il is prohibited expressly by the State constitution by State
sovereignty and while prepared to concede that this
Government has the power prescribe government and
laws for the Territories, prepared to maintain that
government prepared by Congress for Territory must be
prepared under and in accordance with the constitution OF the
United States Il is mmatera for my purpose to inquire
to the source whence this power is derived, whether
under the treaty making power or from any other source
or whether it be expressed or implied power Con-
ores
and in forming government for the Territories Con-
cress is bound egate in accordance with the provisions
OF the constitution If Congress be not bound to act IN
accordance with the provisions of the constitution in forming
government for the Territories Congress might esbshn
the Territories an order of nobility, asocracy, mon
archy What is there to prevent the constitution does
NOT control Congress in the formation OF aTertoral Govern
ent what would prevent the establishing OF any possible
form of government that might be conceived If Congress
is not bound by the constitution in giving government and
law to the Territories but has unlimited and unresaned
power then Congress that view would have the power to
establish monarchical government and when maorly
should deem expedent to pepeuate their power they would
epea the laws admitting the States in the Union and remand
the States into Territorial Governments and thus, under
this petence of power and this mode OF usupaton they
would establish upon the of this republic great
soldaed despotic form Of government, by which all the
rights nmunes and privileges secured BY the constitution
would ramped under foot and lost to the people TOR ever
Again, sir, if Congress is not bound BY the constitution
or in other words the power enact in Territorial BILL or
incorporate Territorial Government the Wilmot provso in
violation of the constitutions exists in Congress- where, let
me ask do you find protection for fugitive slaves which may
find their way into the Territories The provision OF the con-
sution providing for the delivering up Of fugitive slaves
plies only between the States and not to the Territories
Hence Congress- by passing Territorial bill with the Wimo
proviso attached exclude slavery from the Territory, does
in reality pass law abolish slavery far as those slaves
are concerned who escape into such Territory The
moment they the ne and get into the Territory to
which the provso has been applied they will be absolutely
free The trainers Of the constitution contemplated no such
tended provide ample of security for the enjoyment
of this kind properly If then, the trainers Of the cons-
tuition had believed that Congress would possess any such
power they had not intended that Congress should
no power the subject of slavery in the Territories, they
would have made express provision that fugitive slaves
Gaping into the Territories should always be delivered up
in the case Of the States. But the error in my Judgment
consists in gentlemen supposDg that the power to govern i'm
plies power to abolish or destroy vested rights under the
constitution Of the country hold, sir that under the
stution Of United States man has vested right in his
slaves his property that he has legal title vested in him
under and by virtue of the constitution and laws OF the coun-
try and that right can be carried into any portion Of the
United States where prohibited by the local law and the
trainers Of the constitution intended that Congress
should have power to exclude slavery from the iertoies or
from the District in which General Government shall be
located and for which Congress shall have to eglsae
The power govern them power to protect the citizen
in the enjoyment of his rights the enjoyment of his pro-
pey in the enjoyment Of his life, liberty, and pursuit Of
happiness and it power abolish destroy vested
rights does Congress greater power to destroy
those rights in the Territories Then, sir In no state OF the
case where slavery exists would the Legislature OF the State
have such power presume will not be contended by any
one that the States whose constitutions recognise slavery
can, by their Legislatures destroy slavery 1t must be done
by convention of the people, 1t beyond the control Of the
legislative bodies Of the country Their action is entirely
mpotent as regards the humiliation Of property OF this
description.
There is another argument that have heard from some
gentlemen who contend that although Congress does not
the power enforce the Wmo provso or to exclude
the part Of Congess-and thus far agree with them-sill
they hold and maintain the doctrine that the people OF the
Territory possess the power Of egslatng for themselves
and that they have the to egsae the subject OF
slavery and to exclude it from the Territory This sir, to
my mind absurd doctrine than contend for the
power in Congress itself
Sir it is comforting on the people of the Territory much
larger and greater power than is possessed by the State Gov
ernments by the General Government itself much larger
and power than by both State and Gene
raj Governments combined This Government cannot ex-
cude slavery from the Territories neither the State Gov
enment excludeit from the limits of the State enforce any
law evadng the provisions Of the constitution in relation to m
gye slaves This Government pass law in violation
OF the provisions Of the constitution and yet sir it
tended by those gentlemen that the people of the Territories
have ample this subject that they may egslae
upon it, that they regardless Of the constitution Of the Uni
ted States which is extended the Territories exclude
IT. 1t is contended that handful of people in Territory
possess the power Of manumng fugitive slaves who may
happen to get within the Territory.
Assuming, then, the principles Of the constitution under
which we live, and which binding upon every citizen Of
the United States the question 10 who pro-
ducng all this excitement and disturbance Of the harmony
and quiet Of the republic Who is it that is responsible
Of the Union itself Upon nqrrng into the causes which
have produced the state Of thDgr which surrounds us
IN the portion OF the country Of which am the humble
representative we not conscious of any wrong the part
Of the South that they have done act or applied 10
Congress for the enactment of any Law, which
the part any of the citizens Of the Northern States an
encroachment upon their constitutional rights depivng
them Of any privileges denying them perfect equality
with the States and people in the Southern section of the
Union Nay, sir, the other hand when we look around
and inquire into Of the causes Of complaint which