The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-16
-a&~..Ss -

that the moment they abandon HIM ~ go Wy
nd themselves harnoniousi, ih oonp""J VAN 'ne ~"
Rnf meet him on his assertion. admit that this
administrator Is eoeagued WIN ees1n anu n,h ~,
thunderstorm whose lightning il discharges, and whose
terrific fires il makes harmless
! Mr. CULL0M | objected 10 his making hghtning-fods
Of federal gold by which he to connect himself with
| that wing of his party.
i Mr. BARRY. The gentlemans stature Is almost gigan-
tic he is not tall enough 10 draw on and make htr
less the baeu fires of that black cloud Of abolition which
hangs above him. and in whose shadow he has chosen to
plant himself
gress over the Territories regard Congress- sir as the
agent OF the States in the management OF the TERRITORY
and other property Of the Union and while large dis
eon is from the very nature Of the case conferred upon
Congress- its exercise must be limited by CONSCIENTIOUS
regard the purposes for which the trust was conferred
That purpose Is the joint benefit Of all The States OF me
coniederacy Congress permit the people to settle
such of the territory sound policy proposes 10 FORM
into States and il it allows such must pro-
vide civil government for the security OF the people
there II seems to OF wise discretion in Con-
gress determine what the form ofgovernment shall De-
having regard both to the rights Of States as Joint own
of the territory and the people in the territory as
American citizens think that Congress might iegislae
directly when il establishes governmentthe billnow
before for instnceor may bestow IT upon terrific
rial legislature fixing the boundaries Of the power
ierrl upon such body That power must have the same
limitations restrict the from which II comes de
rvaton enlarge but may restrain It. The terrific
rial legislature may exercise no power which Congress
could not have exercised and can do no act which viii
impair the rights Of the States who joint owners Of
this territory Congress should not part with the super
vsoy power which, thought ought to be used but rarely
and cautiously is proper to be retained as check upon
abuses which may arise.
upon the territory have right to form one but il must
be in conflict with the government Of the Union or the
rights of the States Such government must OF ieces-
sity be municipal rather than national is, il must
have regard rather the laws necessary for its internal
administration than to forming external relations as an in
dependent people All men, whether within without an
established jurisdictions have right to form such laws for
themselves they please if they do not conicw the
laws Of the government under which they live
The "nherent right of the voluntary settlers upon ter
rtory owned by people organized as independent
State to frame such institutions they please however
hostile to the interests Of the real owners of the SOIL is
doctrine fTaught with consequences to which cannot
Such settlers may establish whatever institutions
the laws of allow long the actual sovereign
does choose interfere but they cannot be recognised
distinct people without the Of the Of
soil unless they have vndcated their independence
by successful revolution. Americans cast upon unin
habited Of British territory would have the unques
toned ght frame such institutions they pleased but
the right of the English government to supersede those
laws by its own and by the establishment of such system
it preferred equally undeniabe 1t Of the very
Of sovereignty exclude within its territory all laws
but those of its enactment such may OF choice
permit The settler upon our territory has no more right
it, such than he would have upon foreign soil his
interest inhabant of the territory but
citizen Of the United States object TO the doctrine
Of "squatcr sovereignty it is called upon principle
and because of the character of the early settlers for
I tupaey for government there is as good material
among the first immigrants territories among the
/ last
II is however in my opinion wise to give to the people
of the territories large share of is consistent
with the constitution and the rights of the States They
will legislate wisely for themselves than for
them and it is proper course OF training to ht them for
admission into the Union. M
II the doctrine of squatter sovereignty is contained
this bill do discover it. The territorial legislatures
must by the Of the BILL exercise their powers in
conformity TO the constitution of the Union IT, under the
constitution they have the power exclude slavery Con-
is
pugnant to the constitution, Congress could not by
direct legislation, confer IT, Some northern believe
those legislatures have such powers Southern deny
IL is questionable point and both willing to leave
the decsoa q i TO the trihana and y abide
the result Our denial Of the right Of the Territorial legs
latures TO exclude based upon opinion of
constitutional rights and certainly the courts APP
propate tribunal for settling vexed questions of const
utional law Congress be- This BILL then sir does
not attempt to define the powers Of the territorial gsa-
lures but leaves them all other legislative bodies under
system subject to the constitution and TO that alone
/ The Badger provso--which declares
"That nothing herein contained shall be construed to
vye put in force any law or regulation which may have
ectng, establishing, prohibiting, or aboshing slavery
Is sir Objectionable to me vet so since II has been fully
discussed than when first brought notice believe that
the North ought not TO ask the repeal of the French law
any law existing prior TO 1920 for when in 1885, the
South asked the repeal Of the Mexican law in Utah and
New Mexico she refused and ii declared that the
status of the country when received 1t from Mexico
should continue.
This Badger proviso prevents revival any laws pro-
ectng slavery the Territory of Nebraska But the point
has been raised and argued with force and FEASIBILITY BY
various emen that the repeal of the Missouri resrc
ton would revive the laws existing prior its enact
mcnt had thought differently until listened 10 their
arguments and while the question is not free from
doubt the objections TO the proviso lose much OF their
force by the uncertainty that exists whether those
laws would be revived il the provso should be srck
out Very able lawyers doubt II they would be revived
without special declaration Of intent by the repeating
/ law.
IT, however the entire country be left without any law
Initial h..
there with slaves matter of constitutional right There
would be laws for the protection Of slavery of
other form of property until enacted by Congress the
4 territorial legislatures.
The gentleman from Virginia, who preceded me- fMr.
i SAITH, has shown there law In that State
onng slavery for forty years after It's existence began
there The fret laws enacted which mention 1t were en-
acted in 1900 while it is known the first slaves were i'm
ported by the Dutch early 1919 1920 Slave prop
erty had been held transferred distributed among heirs
&C. during this period by the ordinary Of the
try with general property The first laws Of other colonies
upon the subject of date long subsequent the pc
Rod when slavery FIRST brought within their borders
Territories Of the Union where law forbids IT. just 1t
4 came 10 this continent without special law2
But it IL urged that slavery IL municipal institution
and exist nowhere without positive protection This
Is true Of slavery only 1t true of every other species u
property and OF every oshrr doesc institution Go nts
protection the ~ husband wife paren, and
child guardian and ward than you will find for slavery
The right may exist perfectly 1t did but If there
be special law for its protection where will you find any
remedy for its violation but ply steal force2 or you go
into civilized country, where those relations recog
missed and protected whatever your rights may have been
in the country from which you migrate they must at
lc al hal If al