Mississippi palladium. [volume] (Holly Springs, Miss.) 1851-1852, 1852-05-13

SlAtti4GiO 1OILACG+ ant talE CAAi-t HAktElh
il! The same general terms of power
which include one include all; and We:
we are called upon to deny that power
in particular case, and 10 leave it in
unqueStionable operation in all other
cases. If indeed, as | have heretofore
said, and now repeat, the right to take
slaves into the Territories is one, as
has been contended, which is secured
by the Constitution, there is an end to
the question. 1t would be a right
which would override and overthrow
both congressional and territorial legis-
lation in opposition TO it. have nev-
er been able, myself, TO see the force OF
that constructian which gives this effect
to any of the constitutional provisions,
but | was always willing, and SO ex-
pressed myself, that the question being
a claim of right, should be submitted 10
the Supreme Court, and that its decis-
ion should be final But it will be OBJ
served that Colonel Davis, in his letter,
and | believe those who take similar
views OF this question, place their OPP
position TO my doctrine, not upon the
establishment of such a constitution
al right, to be found in the Constitution
itself, but upon the probable practical
result OF the territorial power, that it
would give peculiar direction. in the
early periods OF the governments, to
the legislations Of the country, and if
not establish, at any rate exercise, a
powerful influence upon its permanent
policy. No doubt, sir, it would be so,
but it is one Of those consequences that
cannot well be avoided. There are
wide differences of opinion in many
portions of this country upon ques-
tons ofinternal policy, and little uni
formity of system in their adjustment.
Each settler, during the period of settle
ment, naturally prefers that state OF
things to which he has been acrustom-
ed, and thus is it that an early charac-
ter is given to these local institutions,
whichit It's afterwards difficult to change.
Iti is not alone the condition of master
and servant, who feels the effect of this
impress, but it extends to all the objects
of legislation, which derive their color
very much from the views of the first
settlers. Ii a newI y-seltling Territory
is first occupied ~ a majority of emf
igrants from q slave State, they will
be very apt to establish slavery in theiI
own residence. If, on the contrary,
they come from q uon-slavehold
ing State, they will probably be equal
ly strongly inclined to establish thai
exclusion to which they have been ac,
customed; and so with relation TO al
| the objects OF concern which are regIl-
lated by law. And where was there
a community whose political and social
system was not more or less infiuenc-
ed by the predominant opinions and
characters which marked its early in
habitants. But this objection, sir,
whatever weight it is entitled to in the
scale of expediency, does not touch
the question of right. That does not
even depend on Congressional action.
but upon the Constitution, which does
not even look to this subject of early
or late legislation, nor the practical con.
siderations to which it may give rise
The rightful power, therefore, is not
affected by the mode in which it may
be exercised, whether bearing upon
one or another of the vast variety o.
objects of civilized life which fall with
in the scope of legislation. All. there,
fore, claimed for the territorial gov.
ernments was the right oflegislation in
all cases not in conflict with the Con.
stitution; the same general rights of leg
Iislation, which enabled the territoria
governments of Mississippi, of AIabam
a, and other Southern Territories, t
control the question of slavery within
their limits, and which the Northern
Territories might have controlled a
their pleasure, had their been no restric
tons upon their power. This was up
on no question of sovereignty" bu
of right, under the sovereign au
thority of the Constitution. And
: the first settlers in the Territories Nigh
establish their future policy upon thi
subject. by early legislation, know Q
no constitutional principle which coul
!, refuse the same powers TO all the 9th
ers.
: a few words more, sir, as to Califor
MIA, and what has been called "squatte
| sovereignty" | have already said
7 that my Nicholson letter referred orl
: to such territorial governments as ha
been established by Congress, and
looked only to such governments to b
e thereafter established by the same at
, thority, over future acquisitions, shout
any such be confirmed to US by trea
: ty of peace. AS to the condition {
? things in California, which followed. /
J, consequence of the failure of Congres
1 to provide governments for the Mexica
: cessions, no one foresaw ii: certaini
: no one endeavored to provide again:
E it. Ny letter, therefore, did not touc
: that point at all. But the difficult
came, and large body of the Amer
t can citizens, upon the shores of the p
e ciGc, found themselves without GOV
0 ernment, and exposed TO all the ieal
: ful evils which such state necessaril
: brings with it. Life, property, all th
: objects, indeed, of the social system
n were at hazard, without some promI
; and efficien. action. That action W
refused TO take, and the people ha
II no other reliance but upon their WI