The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-07

firm spd reuulate hsr domestic institutions In their own
way subject only the constitution Of the United States
Unless il can be shown that the people OF Territory
endowed with the attribute Of soyereigny-actiye
ereiQnty be maintained they have any power in
their territorial capacity, 20 establish or abolish slavery
deny they have such sovereignty Ihat distinguished u
rst the late Judge Story in his commentaries the
sttuon treating of the second clause OF the third section
Of the fourth article says & EfIE ..
But they lthe people Of Territory do participate
Au until thew become and are @
mtted into he Union such Until that period the Terri
tory 90 DC anss Ss a.
under consideration" ,EFtt #N f5FTg
The same principle was decided by the Supreme Court
Of the United States in the Of the American Insurance
Company u.s. Canter, LIST Pcters's Sup. Rep.
The establishment prohibition of slavery by the Ter
rory would be exercise of political power--of SOW
ereign power But has such power it cannot act
in the premises unless the right derived from other
sovereignty The right must be derived from Congress
a7Ae Territory remains subject 10 be gorned in such manner
as Congress shall direct"
Judge Story in treating further OF the power OF Con-
gress on this subject, uses the following language
ssHsying right to erect territorial government they
may confer such powers legislative Judicial and ex
ecuyc they deem best They confer on IL gen
era legislative powers subject only The laos and constitution"
Of the United States"
The bill proposes to confer precisely such legislative
powers teontsrs no power in hae ssrSe to legislas
constitution Of the United States Whatever power hen,
Congress has under the constitution isgisate for Ter
have in previous part Of my argument shown as be-
eve that Congress has power to establish or pro-
hibit slavery in State or Territory II follows as
necessary conclusion that Congress cannot confer the
power on territorial legislature and the bill does not
purport directly Indirectly to do so. think have
fully answered the ENTHUSIASTICALLY argument
But word this subject fit We're true the
squatter-sovereigny feature existed in the BILL what
would the South lose by it? AS long as the Missouri
stricon stands slavery cannot go into this Territory
you repeal the restriction and establish squa soperega-
tn slaves may be admitted there II would then depend
the will of the settlers Of the Territory They might
admit it or not The decision would be according to the
popular will and there would be chance for the South
while under the Missouri restriction she has no chance
Mr. Chairman, had intended to discuss the objections
the Badger amendment and to the Indian feature OF the
BILL but time will not permit can only say in regard to
the former perceive nothing specially Objectionable in it.
anything which specially recommends it. regard It as
but repetition in different FORM of the clause me-
dately preceding which have commented shall not
discuss the question whether it repeats reyyes the
old French and Spanish laws applicable to slavery in the
Territory, does neither The honorable member from
Alabama mr. PHLLPs has presented that subject in so
clear light am content to let it rest on his argument as
| a complete answer to the objection.
The last proviso the first section Of the bill is to my
mind full and complete to the objection made
in behalf Of the Indians that argument could not make It
| clearer.
Mr. Chairman stand here as southern man, advoca-
ting southern rights and claim also to be national man.
II the bill passes believe before God il will but restore to
the South her just rights by placing her equal ground
with the North whore stood before the passage of the
Missouri restriction believe the North should cheerfuy
accord it We members Of great conederacy,
entitled to equal rights with the ability to support and
sustain each other and know the South will perform her
share long she stand equal terms with the
North Let u.s. then the bond Of union between
by agreeing to stand the platform Of the constitution
terms Of perfect equality respecting and observing the
rights of each other and we shall thereby the North
and the South and all the States of the confederacy by
ties which be dissolved. Then our glorious
Union will stand TO the end of time of wis
dom and patriotism the home of frcemen nm asylum for
| the oppressed and the beacon OF liberty.