The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-11

aace spreads the laws of pronerv IN s.eh $780, 80,
@ over every territory for all the citizens the United
oaes or only Tor ITS own citizens they NAV eniov the
rights IN their sdsnees as in h,ir GA a
ne former this expansion 10 only wonderfully cxnan
sVe as 10 territorial uusdicton but jurisdiction over
persons, bringing wihn The elastic grasp or State statute
he whole body of the American people Nor indead do
know whether all those who concur IN claim of cxemp-
ton concur as TO It's extent and the il bnes
with a. The doctrine, as gather from the declarations
which l have met with upon this subject and some of
which have quoted, and from Of the rons com
planned Of me- as have already said NJ carry
.iih claim on behalf of the citizens each State 10
'aAs win them Their property which they hold home
aug 20 en1oy y IN THIS common terrtory.
Ana this seems TO have been position taken by Mr.
Sahoun Tor observed In reviewing the debates in the
upon ms anbci thatln answer to remark Of Mr..
es ne placed THIS right emong other grounds upon the
comfy of the States Of this Unonn What tina, means in
me investigation of constitutional claim do under
stand shall not undertake investigate Mr. Niles in
reply stated the proposition of Mr. Calhoun to be that ci
zens from Of the States entitled to enter sny az The
lefoies aud ENJOY The same rights of property there
Wch hey enjoyed IN the States from which they
AS TINS position was stated without contradiction we may
assume thatIt EXPIRE SEES the views Of Mr.. Calhoun
The wrong complained Of Isl that exclusion Of any
articles OF tyslaves for instancefrom the public
domain excludes from the enjoyment such domain all the
deprVes them of constitutional right This the injury;
but does the remedy stop with reparaton or does Il 20
lar beyond NJ ciuzen of Massachusetts holds properly
m that State and by virtue of its laws whose introduction
INTO Ofegoa we will suppose nterdicted by local gsa
ton citizen of South Carolina is in the same condition
with respect to other kind property The injury 10
ach and which, II 10 sad practically excludes him. is that
ne cannot take his properly with him, and thus deprived
OF his constitutional equality of enjoyment" But can
each take adtantage OF the laws Of another State and in
roduce articles not recognised such by those his own
Ii The principle extends far certainly beyond
the right It assumes to guard The wrong and the remedy
are out OF just proportion each other The citizen Of
South Caroina such is the claim enjoy his portion
Of the public land without the power take his slaves
with him, and there ends his complaint The citizen Of
Massachusetts subject same incapacy unless bo
take his bank bills with him, other prohibited
property and there also ends his complaint BY removing
he aeh tba1
but does then which to northern
the right to buy slaves and TO take them the common
territory because he go with Them which il the
first proposition, but because under other
cumstances, enjoys that pyiegei And converse does
southern man possess the right? If this DO so,
equality brings about strange changes the condition az
well as the pretenslons of the parties
II first enables the stakeholder overcome the local leeis-
ation by introducing his they are prohibited
in order to place him equality with the who can
hold slaves by the laws of his State and then il
enables the latter purchase and introduce slaves ALSO in
order that the inequality created by equality itself be
made equal do not pretend to understand this process
only state it,
But if remedy is confined to redress of the wrong
complained othat TO the establishment of the right to
introduce into the territory all property which
holds IN his Sate-then enter new field Of
controversy 1t Is necessary should explore it. |
leave that those who favor the doctrine But it would
work extraordinary results any country under Heaven
where might be applied, Emsrants from different por
tons of the Union would have different rights sore to
hold kind of property and another each Jog
ing with him the laws OF the State he left ovcrru tho
tied by the latter
Instead harmonious system of Jurisprudence equally
controlling all the affairs of country, there would be sys
tenn measuring their rights by the places whence they came
with different codes for the different emirans brought
together, ou kept apart by this strange preenson with
holding property prohibed
community. he who believes that stnte of
things would be fair Consequence claim under the
constitution of the United Staes or that il would be toIe
rated by public opinion in State Territory, understands
the " and the his cou-
rymen, very differently from what do. Certainly, rights
Of properly originating elsewhere and recognised pro-
ee'ed IN The country to which sucn pr perry transferred
may sometimes involve questions touching the laws OF the
place whence but such questions carry with thcm
csim by winch those foreign laws override
the Jurisprudence Of another country. They auxiliary
TO the ends of justice 10 determining the original rights Of
the parties but they do take place, supply
place, of the domestic laws, undertake supcscde
them.
Nor the difficulties obviaed though they may in some
be changed by assuming that duty Of
legislatures pass the necessary recognising
the existence and defining The incidents protecting
enjoyment Of this pterdicted properly As practical
measure there would be extreme difficulty procuring such
legislation, and IN carrying INTO effect where both depend
upon the action OF remote community, which, from the
very nature of the proposition, must be opposed to the
of slavery AID where puoic opinion power
fu IN OF country where the other
may be- do not touh the question of congressional in
reference having heretofore attempted show Con-
gess has right 70 egisae the subject of slavery any
in Territory than IN State Its power, arising from
necessity exhausted by establishment and regulation
Of proper judicial tribunals, leaving the enoralegas
the Of their peculiar local functions, involving
ali questions concerning the and incidents property,
uo wing nterdctng at their pleasure Once concedc
Congress has any power question OF slavery
that moment has all power constitutional barrier
be pointed out to which may 60 and ovcrpaas
As have already remarked, the difficulties which
round this question arise political community
whence articles Of property, such slaves
cluded by general Law for otherwise the subject free
from emburassments. Well the power Of the local Iegs-
ature TO prohibit the introduction of slaves as general
proposition could under CIRCUMSTANCES be successfully
disputed 1t is branch OF the legislative authority this
regulate the various relations of fe social and k
gal relation Of husband and wife, Of parent and child,
guardian and ward Of debtor and creditor and all similar
conditions recognised by institutions. And whether
somo--and that my posiuon-you condne rightfu
congressional the necessary organization OF terri
tora government leaving the people, as tho legitimate
consequence the enjoyment Of all legislative not in
consistent with the constitutions or whether, with ohcs,
YOU fad an authority vested in Congress TO prescribe the
tent which territorial legislation shall reach, the csult
40 far as respects this question Of ursdcon will be the
same We only look TO the constitution of the United
States for barrier local legislation and il will be found
that these acts well others preceding them upon terri
oria organization, grant general powers of legislation,
which include the relation OF and we'll
oil the other conditions Of social life. But these bllsgo
further this important than any of their pedcces
the history Of legislation. They expressly pro-
vide that intention Of Congress to Iegsate sla
very any Territory State, exclude lhcrcfom,
the people thereof perfectly free to form and
regulate their domestic institutions in their way, sub
eot only 10 the constitution Of the United States. When
therefore, IL claimed that the state Of slavery is beyond
The reach of local legislatures that claim before
allowed be established secured by the constltu
"a ~ -. H.. 49,