The daily union., 1854-11-14


may be excluded by the local law by which for instance
if Canada annexed TO the Union tomorrow every
STAKEHOLDER could take his slaves there and hold them till
prevented by of the people mbodied in State coin
stitution. This very position heard maintained with
laon 10 Canada by southern senator-I think by Mr..
Yuleen answer 10 an inquiry made by Mr. Dickinson.
The opposition to this pretension the writer does the
honor call article in the Cass creed This high
an honor and one to which have claim tell him it
article in the constitutional creed firmly maintained
believe by every IN the non-slavehodng States
and AS know by many able and patriotic statesman
in the South. IL held by Mr. Clay and Mr. Webster
and ! can also tell him he is behind the age This pre-
tension originated know not when where but
y very recently IL sprang up IN night and it perished
in day Although it probed 70 the by its
opponents at the last session of the Senate do not
reeoieet single member who entered upon its de-
fence; and one very able southern man. least Mr.
Harris Of Mississippi disavowed it, and thought in
rather contemp'uoas terms Between you and me,
Mr. Chairman said that gentleman, 'the constitution
does carry slave anywhere except be runaway,
and IL does take him back from free State 70 his
in slave State Another member from Aayeholding
State Mr. Franklin, of Maryland expressed similar views
The doctrine had any real foundation either in the
constitution in the of the confederation II rested
the assumptions that the public domain being acquired
by the whole Union the whole Union had equal rights in
its enjoyment This postulate is undeniable. But what
then 1t further contended that the South could
ENJOY their equal right of settlement upon the public lands
unless comparatively small portion of its population say
350000 out of more than 100000 of white persons could
take their slaves with them in other words that every
man. from every State Of the Union had right take all
his property to the public domain and there hold It,
whskey, banks or anything else-athough prohibited by
the local law. true answer to this pretenson is that if
any man, North South holds property missed
SUCH prohibited by the local law his remedy be
found in the violation Of it, but in the conversion of
such property into money the universal representative of
value and take that TO his home, and there
mence his work OF enterprise in young and growing
community
cannot glance at the numerous considerations
which forfy and render impregnabe this position shall
myself with adding that The maintenance such
doctrine leads inevitably to consequences which strike at
that great element of institutions the rights Of the
States The assumption which have referred is that
slavery essential to the equal enjoyment Of the public
domain Now, the public domain exists well in the
States in the Territories and every act Of Congress in
relation to its sale and settlement is equally force
wherever of the public land is to be fonnd There
not statute upon this subject which does operate
as fully in Ohio as in Oregon If therefore the consttu
ion of the United States gives to the STAKEHOLDER the right
to take his peculiar property to the public domain, how
happens it that the public domain is closed him the
State constitution Is formed and slavery excluded
by t1 Does the constitution of State override and
ride that of the United States Such the reading of
the general constitution which declares its own supremacy
upon all natters committed to it the constitutions of
the States Either therefore, this claim of the expansive
power of slavery the public domain is unounded
slaves may be taken to Ohio and to other of the
States where any portion of the public lands yet unsod
leave the choice of the dilemma the constitutional com
| menator of the Enquirer
But quitting these views, and coming TO the practical
recognition OF the true constitutional doctrine of non-in
tervention repeat what said in the Senate that the
doctrine of the voluntary motive power of slavery has been
abandoned by the passage of those bills Every man. and
the South almost as man. voted for them every
who voted to give to those Territories the power eg
late the subject of slavery to introduce exclude
it at pleasure, knew full well that he giving the
legislatures of these Territories who would consider
themselves prohibited by the constitution an authority
Which would be exercised to the letter and that The fate
slavery, rs an institution in the country, would depend
their action rather would depend its Introduction by
them as without such introduction it excluded by the
| absence cf any local law maintaining it, And squatter
sovcregny is again arragned by the Enquirer with as
| nurh fbp tprrp
mated with me. The name-nickname, indeed owes
| its paternity to Mr. Calhoun, but the doctrine the
right of to govern himself has been heard of in the
world for time too seldom, indeed practically
knowledged and has made its home upon this continent
brought here than two centuries ago by the pilgrims
who first sguded dozen upon the rock of Plymouth having
the day before they debarked from the Mayhower
bned themselves together in civil body poc'
orcbly struck by the sagacy of remark than
have been during the progress of this conroversyby
the remark of Mirabeau that things What
this doctrine contended for by its friends and misunde
stood misepesented by its opponents and sought be
rendered obnoxious by the imposition of obnoxious
designation the tactics which led TO the application
of the term locooco to the democratic party? If prnc
Piles survive this kind of hostile political baptism
they not worth the labor of enuncton the
preservation. When the people of California after having
suffered by the neglect of Congress for three years
establish government established for themselves
they presented their constitution and demanded admission
into the Upion. There were many--a majority they
proved, and had the happiness to be among them
who maintained the rights Of the people and the duty
of the national legislature to receive them INTO the
confedeacy of its equal members. There 9TH
who denied both their right and duty and the sub
ect canvassed with great during the long
session of 1850 1t then that this claim that the Ter
rtores possessed rights which Congress could Justly
violate received the opprobrous appeation of sqatter
Sovereignty but strong enough in the hearts of the
American people to convert the worst into honor
able designation. The settlers did The land then
for they had ryhtas though land and rocks and trees
dearer objects of legislation than the image of God
himself though the possession of brute matter accord
ing to the absurd feudal notions of the middle ages
essential to wisdom, patriotism and intelligence Or TO
the apt Illustration of Dr. Franklin, if a ackass
whose value upon the principle of property qualification
giving by its amount the right to vote possesses that prv
ege rather than the Sguatter sovereignty then
the right of man to govern himself 1t is denounced if
it carried with it the right TO seize and hold the pub
lie lands. ! heard any man advance such an
unfounded preension From the earliest period of the dis
position of the public domain the hardy pioneers who sub
due tie earth and rpienish have been permitted 10 sit
down upon the public land before its preparation for
and generally preempton laws have been passed securing
TO them the fruits of their industry. There is a new
State where this practice has not been unnterrupedy
tabshed. wonderful hue and cry has just been raised
because the settlers in Minnesota have combined together
to insure, far they to each occupant, the land
rendered valuable by his labor and this is goated
the incarnation Of squatter sovereignty Why, just this
very thing happened time and time again, in Ohio, more
than half century ago. and has happened almost every
public sale since both there and elsewhere And he who
knows the tolls and privatons and sacrifices by which the
wilderness is reclaimed will wonder that there should
be strong public feeling in favor of the poor settler and
anxiety that the fruits of his labor should be
ed from him by the speculator.
As to sovereignty, of insane hospital
claims il for the Territories Human rights claimed
the people, but rights in subordnation the
of the United States and to the relation which
political communities bear to the Union The writer in