Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-23
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NEBRAsKAAND KANSAS.
SPEECH OF HON. A.G. BROWN,

tSSSttLASA>h 0ts IfOAsx ~ Ass DShSsttssZl
''i1qitF p i'oTor assssirrga nsti .sei ion rol
IN THE SENATE OF THE UNITED STATES,
-s ''''sa. February A. 1854. l1saba yi1Hsf
.aiA, s(coscLypEp-l h,,.i,,,sbs pGs 81
Asking pardon for this digressiony Il oonae
back, Mr.. President, to The subject Under dis
cnssionLthe right Of the people Of a Terri
tory 70 exclude slavery, Or, IN ofher -woras,;@to
belonging to alf the state: Which III i recognised
as property by the United States, and held as
property I'm fifteen Statessof tho Enion. 1t
must be admitted that the power which makes
such p declaration and maintains il, is invest
ed with the, very highest attributes Of sover-
eignty-ra sovereignty which the government
has not dared toiexercise in the Territories &c.
quired from Mexico
The senator from Michigan, if understand
him, asserts the sovereignty of the people in
the Territories over property in the Territories.
I.should like to know at what time this sover-'
eighty attaches Does it 60 with the first man
who enters the Territory, or must a hundred,
or two hundred, or a thousand, have entered
before this sovereignty attaches? This is an
important point and shall be glad TO have
the senator's views on it. We who maintain
the sovereignty of the States have no difficulty
in fixing the time when the sovereignty at
taches. 1t attaches, as we think, ut the mo-
meat when the Territory enters the Union rs
State. Up to this time it resides in the
States, or with the people Of the States. With
us'there is no such thing as sovereignty in
Territory. A Territory is subordinate; she
has no voice here, and no vote in the other
branch of Congress. She is not equal with the
States. But, on the instant of her entry into
the Union, she becomes equal, the sovereignty
passes, and within her limits she may do
whatever Virginia or Massachusetts may do
within their limits.
To admit the sovereignty of Territory is to
admit the existence of State out of the Union.
A State or sovereignty in the Union cannot
treat with any foreign power. The Constitu-
ton forbids it. But State or sovereignty out
of the Union may treat; it may form alliances,
and, if it choose, not only remain out Of the
Union, but attach itself to any foreign power.
Suppose the sovereign Territory" of Oregon
should take fancy to attach itself to Great
Britain !; I should like to know how my friend
from Michigan would prevent it. 1t is use
less to say this will not happen. The question
as to whether it will or will not happen does
not affect the question of right; and, besides,
this is an age of progress, and we know not
what day may bring forth.
If it suits the purposes of the. senator to an
swer, should like to know to what point he
carries his doctrine. Does he believe that the
people of Territory, even before the erection
of territorial government, such as we are
now making for Kansas and Nebraska, have
the right to exclude slavery?
Mr.. CASS. Does the senator wish me to
explain?
Mr.. BROWN. should like an answer now
on the single point
Mr.. CASS. / will answer the senator in
very few words. believe that Congress, from
the relation existing between them and tho
people of the Territories, and the necessity
arising from that relation, have q right tc or
csuize government in Territory; but be.
lieye that if we neglect this duty, as we did in
the case Of California, the laws of God give
the community right to establish a govern
ment for themselves.
Mr.. BROWN. The senator's answer does
not exactly meet my question, unless he means
that government thus established may ex-
clade sle~ery. If he does, answered, and
dissent from the answer.
! admit that any people left without a gov
eminent may make a government for them.
selves-that is to say, they may make such mu-
rity of life, liberty, and property as they may
think best. But these regulations must be
consistent with the rights of the sovereign.
The senator is correct when he says the right
to make this sort of government arises out of
the necessity Of the case. But the right must
not be carried further than may be justified by
the necessity that brought it into being. What
ever is necessary to the protection of the peo-
pie in their persons and property may be done.
And now will the senator, or any one else, un-
dertake to show that the exclusion Of slavery
is at all necessary to the security Of either per-
sons or property in Territory? No one will
! 49, - Ia
sary to the existence of a temporary govern
ment and being inconsistent with the rights of
the sovereign-to wit, the States Of the Union
it cannot be excluded by the usurpation of
power not granted by the Constitution, or justi-
fled by the tyrant's plea of necessity.
The temporary government thus established,
and resting solely on necessity, can exist only
at the pleasure of the sovereign. When he
appears and asserts his authority, this tempo
rary government must pass away.
Suppose fifty Americans, and i care not if
the number be more or less, are left on an
island belonging to Great Britain, uninhabited,
and consequently without an existing govern
ment That they may set up government
for themselves, no one will deny. They may
fashion it after orr own, if they choose. But,
if at the end Of a few years the agents Of the
queen appear to assert the authority of the
crown, will any one pretend that our Ameri
cans can maintain their jurisdiction Must not
their authority yield at once to the superior au
thority of the sovereign? And so, j apprehend,
it will be, if possession is taken of territory be-
longing to these States If it is without gov
ernnient, those taking possession may make a
government; but when the States appear by
their proper agents TO assert their authority the
provisional government must give way 1t can
no more be maintained that possession may be
,aft la1o, al.
the citizens of the State excluded with their
property, than it can be maintained that an
island belonging to Britain may be seized, and
the queens subjects, with their property, ex.
cluded. If the senator has only meant TO as
sert the power of people left without gov
eminent to make one for themselves common
surate with their necessities, concur with him
fully But if he goes further than this, and
and asserts a sovereignty that rises above the
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