The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-23

The stability OF the government Agitation SHOULD essss
on this subject 'e
Now. SIR am unable 10 perceive how any sou,h.,.
man. however extreme his opinions may be in relaIon ~
TINS SUBJECT can iee auy reluctance ia adopting The Com
promise as fnaliiy IN reference TO the whole subsr,
There is, IN my estimation, necessity growing ont !,
the enforcement OF the fugtve-s slave law-as Il i AZ
viously the purpose oil the feesoies and abotonisis -
remain quiet Tor The present. and them after the
tial election has terminated come into Congress ma
agtaie for the repeal OF the fugitive law II l. nn
only that measure WHICH makes the adoption OF Ihs
slavery in the Territories Ii there was anything well
understood when the compromise measures were sdon
ed Il was that the question OF slavery in the Territories
stood upon the constitution, that should be manIansS
there and that the Territories should be open TO sayerv
il the constitution permitted slavery exist in those Ter
ritories. Now, notified by these extreme gena
men that II is their purpose 10 agilale the subject Of
slavery in the Territories, and 10 introduce bills or lbs
exclusion OF slavery from the Territories OF New Mexeo
aud Utah This the more necessary the part OF ibs
South because the census returns show that slavery &C.
tually exists both in Utah and New Mexico | t6ink
therefore, il is incumbent upon the democratic party
to say that that which was settlement shall remain
settlement, unatered. unmodded and unrepealed And
sir II becomes, In my estmaiion the more necessary 10
say because certain opinions advanced since The
adoption OF these measures touching this subject n
which. in another aspect, wish. for few moments 10
Mr., MEACHAM. Will the gentleman allow me 10
ask him Isl single question
Mr.. HOWARD: If you will be brief
Mr.. MEACHAM. ! ask the gentleman whether he
in sustaining the Compromise. will go against the pro-
posed division OF the boundary OF California so as 10
make two States instead Of one!
Mr.. HOWARD am ast0nished that such question
should be asked BY gentleman who is member OF The
judiciary Committee. California is in the Union She
Is sovereign State She has the right to divide herself
with the consent OF Congress. and one portion has The
right 10 come here and demand admission into the Union
after the consent is given and when il comes here we
have no power then but TO look into their constitution
and see whether il has or has not adopted republican,
Mr. MEACHAM. Will not you be varying the CON-
promise i You say yoa will 60 for that division'
Mr.. HOWARD. Not al all. The idea is preposerous
the Union with all the privileges, all the powers and
upon principles OF equality with the other States
No man doubts that any one OF the old States has The
power TO exclude slavery to retain IT, at lis own will
and in its lime. The Compromise did not 20 beyond
the admission Of California Ii did moi extend TO main
tanning excluding slavery there, retaining The
State with its present limits or institutions.
But 10 return 10 the subject which was comment
ing II has been put forth in certain quarters that al
though The exclusion of slavery in the Territories, by
dreci act OF Congress- would be unconstitutional yet that
it constitutional for the territorial legislatures to
exclude it, Now. for one, desire to say that Iepud
ate altogether the idea Of the squater's sovereignty
that it can have no existence in the constitution, the
brain OF any sound reasoning lawyer. And whyi The
territorial governments organized by Congress Their
political powers are charters derived from Congress
They can look 10 that charter for their powers and
beyond it. To say, therefore, that confer upon
legislature power we do not ourselves
possess idea which, in my opinion, be de.
Tended by even plausible argument government oga.
nzed by Congress contain grant OF constitutional
power which Congress docs not possess Ii Congress
cannot adopt the Wmot proviso much less can terri.
toral legislature, which is lis creature.
Bat there is another doctrine advanced in reference 10
this matter. which desire to notice. Il is said that all
the inhabitants Of Territory possess inherent sovereign
power Now, the idea Of sovereign power disconnected
from political organization lie one which il difficult 10
if il have any existence The idea OF SOW
ereigny is represented by the State; and If The
people are sovereign, il is because they part OF
The State, living within an organized political CON-
muniiy, and constituting pari OF an organized pol.
itical government The idea that Daniel Boone, when
he migrated outside the boundaries OF civilization and
settled there possessed the powers Of sovereignty in any
legal sense, is which shall never be able appiel
ciae. There is no sovereignty in separate individuals
Or in in state OF nature Sovereignty legaor
nen by giving up portion Of their natural rights Ills
an idea nseparable from organized government Squat
tiers the public domain without legal government are
mol sovereign they are at best. tenants at suaeanee
But suppose that certain amount oil political sovereignty
may be admitted TO be inherent in the people OF the Ter
rtories deny that there be anything in the PROPOSE
lion put forth and, for this reasonlhai they have
cised II IN adopting the territorial governments prepared
Tor them by Congress-. Admit. If yon please that they
soyeregns the Congress of the United States hare
conferred certain restricted form Of government upon
The people oil the Territories, placing them in condition
81 pupage and they have accepted of the government
with those powers They have agreed TO live under tie
government thus framed by the Congress of The United
States In the exercise OF their sovereignty, il they
possess it, they have accepted of the charter thus gwen
hem by Congress That charter contains their powers
and by II they have submitted to the jurisdiction of Con-
gress and cannot set up any authority inconsistent with
The supervision and control of this government. much
less in opposition 10 constitutional powers OF Congress
deny constitutional proposition the existence OF
squaer sovereignty" II has no foundation in sound
reasoning the practice oil the government II is ncon-
sisten with the jurisdiction of the federal government
over the public domain expressly conferred by the
siituiIon
10 relaiono these compromise acts, desire to say
bat look to the democratic party alone 10 maintain and
norce them That party has made the government and
country the great power that is and alone preserve
he Union. II should therefore, meet these questions
boldly, and preserve the public tranquility by avowing
,laorm adequate 10 The occasion, its approaching
ional convention look TO the democracy in this crisis
because ii is their principle of strict construction which
one render the federal government immortal and
the Union by keeping the government within its
legitimate sphere; Tor must be permitted TO say that,
good may be the intentions oil certain individual
members Of the wing party, however sound may be
he views and intentions o certain sect OF that party 10
ealion 10 the great questions OF acquescence in, and
he enforcement OF the compromise do not think
he wing party, or, at least the majority OF the north
IN section OF IT, can be depended upon say il Is not
rom any intention Of casting any unjust censure upon that
ary, Of impuiing any improper motives TO any one.
M say II because have been forced 10 the conclusion
the political action ofiha party for the last twelve
months. And what has been that aconi Why, srt
know that the gentleman who now occupies The pres
cntial chair, and who, during all this controversy,
las shown himselt TO be patriot and a gentleman,
TO be sacrificed because he has taken ground
n favor of the fugitive. slave law, and has main
aimed and enforced II II may Judge from what see
n the newspapers, should think that last night be
lad been bound and that in very few weeks be to be
sken thus bound. 10 the funeral pile there to be mmo
aied to proptate ha, power in the North which is in
OF repeating OF resisting the fugitive slave law
hat great conservative measure for the enforcement OF