The daily union., 1856-01-27
THE DAILY UNION

subect
Mr. TODD. win the gentleman from Georgia allow mo
Mr. WAsHeURN Of Maine, also made the request
at the same tune.
Mr. STEPHENS. viii allow both gentlemen to put as
many questions to me they please will first hear the
gentleman from Pennsy ylvania, Mr.. TopD, ..r
Mr. TODD. understand the gentlsmAn from Georgia
TO the position that the power does not exist 10 the
constitution TO determine what shall be the institutions Of
the Territories belonging the United States Now de-
sire to ask the gentleman wherein that power resides
Does reside In the people of the Territories dUes il
reside in Congress- does exist in the constitution
from whence does the gentleman derive it? n.
Mr. STEPHENS. ! do not think II exists anywhere,
while the territorial condition lasts neither in the people
Of the Territory nor In Congress. The public domain,
while II remains Territory Of the United States is the
common property OF the people Of the several States to be
disposed OF by Congress- under the limitations of the
suon, for the inst and equal enjoyment use Of the
people OF all the States and there il general unm-
tied power existing anywhere either in Congress the
people Of the Territory any body tse 70 deprive any
citizen OF the United States from going there with his prop
erty of whatever kind il may consist SO long it is Ter
rory, have much right go there with my property
as the gentleman from Penny has with his and the
people of Georgia have much right to 90 there with
their property as the people of Pennsylvania have with
theirs The unlimited power to exclude slavery and that
IS the idea suppose the gentleman upon exists nowhere
in my opinion.
The gentleman from Pennsylvania seems to be hunting
for the power, and because he find it in place
he takes it for granted that it exist in another His
logic is about good as that Of the who undertook
to prove that Columbus not the discoverer Of Ame
tors whot claimed discovered it, believe, about the
year 0oo at any rate several centuries before Columbus
The reasoning by which this conclusion arrived at
was That Norwegian vessel about that time set out Iro
the coast of Norway sailing west which wnS never heard
Of afterwards and the apgament was that those this
vessel must have gone to America for they did not
where else did they go TOT Laughter
Mr.. TODD. Do understand the gentleman correctly
understood him say that he ad vocates the principle Of
the Kansas aud Nebraska bill because it is based upon the
great republican principle OF the right of the people to set
tie their own institutions for themselves.
Mr.. STEPHENs, Yes cir; on this subject
Mr., TODD. understand the gentleman To say that the
people have not that right and that Congress has the
power to cothe them with that right. Now. want to
know where this great representative principle of which
the gentleman speaks resides and how it is to be
cised if neither Congress nor the people possess il
Mr.. STEPHENS 1t is to be exercised by the people
when they form their State constitution That is my view
of how and when the power is to be properly exercised
that is what conceive the old republican idea
Now, sir, will hear the gentleman from Mane Mr..
WAsHBURN,l who desires to ask me question.
Mr.. WASHBURN, of Maine. | understood the gentle
from Georgia to say that he believed that Congress
has TO abolish slavery in the Territories but that
the power resides in the people, and again that the peo
pie of the Territories have power except that delegated
to them BY Congress understood the gentleman lay
down these two propositions. Now, the question have
to ask is this if the people OF the Territories have
power except that given 70 them by Congress- and Con-
greSs has no pnwer exclude slavery in the Territories
where the people of the Territories get the power
clude it there
Mr.. STEPHENS. The people have in my opinion the
power to exclude it only in State capacity when they
form their State constitution Then they get it where all
the States get it. The people in territorial condition,
but new States in eabsyoj this latent power of full
sovereignty when they assume State form, then develops
ITSELF wings TO rise aud fy, though latent in the chrys
as do nevertheless develop themselves in full beauty
vigor and perfection at the proper time, Bat have this
further to say in reply TO the gentsman from Maine Ar
WAsaBuRS.l That gentleman and suppose a majority of
this House hold that Congress has the full and absolute
power to exclude slavery from the Territories We sir
II Congress has such power it has conferred that power
upon the people of Kansas and Nebraska. hold that
Congress has such unqualified power but If it has,
the gentleman believes then the people of those Terrific
es possess II under the blL This is evident from the
language of the bill itselfi
That the constitution, and all laws Of the United States
which not locally nappcabe shall have the force
and effect ia the said Territory OF Nebraska elsewhere
preparatory the admission of Missouri into the Union
approved March 6, 1890 which, being inconsistent with the
principle OF n0nnterventOn by Congress with slavery in
the states and Territories, recognised by the legislation of
1850 commonly called the compromise is hereby
declared imperative and void it being the true intent and
meaning this to egsste Vory any Terri
State to exclude II herefrom, but to leave the
people thereof perfectly free TO form aud regulate their do
mestic institutions In their way subject only s the
stution OF the United States Provided, That nothing
herein conaoed shall be construed to revive or put 10 force
any law regulation which may have existed prior the
act Of 9th March, 1920 either protecting establishing pro-
hibiting, or abolishing slavery"
Now sir have stated voted for this bill leaving the
whole the people settle for themselves subject
to restriction limitation but the constitution. With
this distinct understanding Of its import and meaning and
with determination that the existence Of this power being
disputed and doubted il would be better and much
consistent with odtme republican principles let the
people settle it than for Congress do it, And although
my opinion ia that the people under the limitations Of
the constitution, have not the rghu power TO exclude
slavery long they remain in territorial condition.
yet willing that they may determine ii for themselves
aud when they please. | shall never negative any law
they pass f the result of fair legislative express
sion of the popular will Neyer willing that the
territorial legislature may upon the subject when and
how they may think proper We got the congressional
strction taken Off The Territories made open and
free for immigration and settlement by the people Of Az the
States alike, with their property alike odiou and
just determination exclusion against any class por
uon aud that those who thus 20 there from
all sections shall do In this they please under their
organic law wanted the question taken Of the balls Of
national legislation II has done nothing but disturb the
public peace for thirty five years or So long
Congress undertakes to manage IT, 1t viii continue to do
nothing but stir up agitation and sectional strife The
people can dispose of il better than we can Why not
theu by consent drop ii at and forever?
Why not you, gentlemen, around me- give up your
so-caed and so-mscalled republican ideas Of restoring
Missouri restriction and let the people in the furoG
Territories Of Kansas and Nebraska look after their own
dition, present and future, in their way Ia II
much consistent with Mr.. Adams's ideas Of
publicansm for them attend to their domestic
than for you 10 undertake to do for them
Let us attend TO our business and let them attend 10
pends all legislative business wished sir in voting for
the Kansas b aud in carrying out In good faith the
great principles established in l850--that memorable
epoch the middle OF the nineteenth century-and fixing
them the basis and rule Of action the part Of the
general government In her territorial policy get rid of
this disturbing question here by referring Il Unrestricted
ly as far could, under the constitution the people
II they have not the power TO settle II while Territory,
a matter Of absolute rightcr de5ito jssiia was willing
far concerned and had the power TO do H. to
give il to them matter Of favor--e1 grdtid am
willing, say, that they shall exercise the power
and, 1t a fair expression OF the popular w-not such