The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-03
CONGRESSIONAL.
SPEECH OF HON. MIR. BRowr

On Kansas affairs delivered in the senats of the United
States April 20, 1856 - f......e
Mr. BROWN said With the indulgence of the Senate,
propose to submit thought two Of the points
involved in this debate.
win not enter the list with those whose range Is
the whole wide field which this Kansas question has opened
up but shall eonfne myself 10 few points which
think the controversy mainly resspoints which believe
lie further back than most OF speakers have yet gone
TO whom does the propetorshp of the Territories belong
How far does the legislative authority of Congress extend
over the Territories What the political rights of the
Inhabitants there and in whom does the sovereignty
side These tho points which mean not separately
but collectively, to consider 1t is time had to
an understanding on these points, failure 10 do 80 at
the proper time has think, involved us in much of the
embarrassment which suffer- ... .a
II will be seen at that the line of argument which
have marked out for myself will lead TO consider TO
doctrine however well designed by its authors has in my
Judgment been the fruitful of half troubles Be-
fore the people of the two sections of the Union, having
they supposed though think enormously
interests and already infamed by angry passions,
invited into the country, We who gave them laws, should
have defined clearly and distinctly what were to be their
rights after they go. there Nothing should have been
left to construction believed when the Kansas bill
passed that conferred the inhabitants of the Terrific
es during their territorial existence right to exclude
or In any wise to interfere with, slavery. then thought
and still think 1t the duty of the making pewer in
Territory to treat all property alike give the pro-
lection to species Of property that gives another
But knew at the time and s know that others were Of
different opinion Many whose opinions am accustomed
to respect believed that the lawmakers could discriminate
III
cate and perplexing question. To it is therefore
source of unegned satisfaction that the senator from Hi
nos Mr. DOUGLAS has brought forward this bill see
in it the germs of final and lasting settlement firm
and solid basis 1t carries out the original design of the
act as understood it. 1t fixes the period
at which the inhabitants of Territory ask its admis-
sion into the Union State and the report by which 1t
is accompanied denies all sovereignty in the Territory du
ring its territorial existence II pass it it will be done
rory only ask admission into the Union State
after 1t is ascertaned by lawfully taken, that it
has the required federal population to ente to at least
representative in Congress- and upon the further
dersandng that the sovereignty is not in the Territory
but that is in abeyance held by the States the United
States in trust for the Territory until its admission as
State.
The advocates of State rights have always held that the
Territories the common property of the States that
one State has the same interest in them as another and
that citizen OF one State has the rights to 60 to
them citizen OF other State The corolary there
fore has been that citizen of any State has tho same
right citizen of other State to go into the Terrific
Ies and take with him whatever is recognised property
in the State from which he goes. Thus If citizen OF
Massachusetts may go and take with him bale OF goods
and if citizen of New York may go and take horse
citizen of Mississippi may go and take slave 1t must be
or else the equality of the parties
becomes inferior Massachusetts, and the rights OF
Missssippian inferior to those of New Yorker.
This doctrine nds opposition nowhere but among the
advocates Of that uncertain theory which some call terri
toral sovereignty Others popular sovereignty and Others
again squater soveegnya theory which the author of
this bill well combats in the declaration shat the soye
regnty OF Territory aims IN abeyance suspended In
the United States in trust for the people until they shall
be admitted into the Union a State" To this decara-
ton give 1t would, perhaps have been more
have said that the sovereignty is in the States
but il is In the United States trust ii can never be
used by the for his purposes and therefore
while may not be sound in theory 1T will be found
quite as safe in practice to admit that 1t is in the United
States
have said that the States equal and had equal
rights in the Territories and have thereby admitted that
Massachusetts, equal Mississippi and has all the rights
the Territories which claim MISSISSIPPI III this
equality does not exist why does il notR Did 1t never ex
s or has II been desroyed2 That 1t did exist is manifest
from the very nature and structure of the government
der which we live. The States equal before they
adopted the constitution and they entered the eonfederao
equals That the equality has not been destroyed Is
proven by the organization of this body in which the
smallest State has votes and the largest has no more
The States equals out of the Unionhey are equals
in IT.
The power which can destroy the equality of the States
be that supreme power which call the sovereign
tythe power in the State which is superior to all other
powers.
Where does this power reside Is it in Congress
May Congress exercise the power of sovereign in the
Territories?
The doctrine of congressional sovereignty understand
TO be denied In the report which accompanies this bill
The eminent and distinguished author of that report Mr.
DoueLAs reposes the sovereignty in the United States in
trust for the Territory until IL becomes State need
hardly argument show that trustee cannot use
trust for bis purposes for purposes not clearly
embraced in the deed fund held in trust for an infant TO
be delivered when he Of age must be held without
waste and delivered TO him without deduction at the prop
er time The rule spprehend will hold between
the United States and Territory. .s-
II Congress may, at pleasure trust conhded to the
United States for the benefit Of Territory, so as TO er-
cude slavery from that Territory, then there can be no
reason why Congress may in the exercise Of the same
trust exclude spirituous liquors. foreign and domestic
goods anything else that oends the preudces or ex
cites the passions OF the trustee should rather say
the Of the trustee for Congress Is but the
represen tstive of the United States
am not going TO discuss the constitutional power OF
Congress to exclude slavery from the Territories II the
.L..,.a l.,u rlx AZ kxnn Nhsnat
has least become threadbs II is asserted and main
tanned with great unsnimity by all sound democrats that
Congress has such III Congress has not the an-
thority who has Where does 1t reside2 ls II in the
territorial legislaure2 What 10 territorial egsaturef
II Is the creature Of Congress Can Congress confer pow
IL does itself possess Can the creature derive
powers which do not belong to the creaor2 Can the
stream rise higher than its source The manifest answer
all these questions must be- Congress can confer on
the Territories just such powers as itself possess and none
oher and Congress does not possess this power can
not confer 1t on the territorial legislature.
The excluding of slavery or any other property rom
country is high act OF sovereignty III congress repre-
sentng the party holding ne sopeenty N trust may e1er
else this power then Congress ceases to be the mere agent
Of trustee and becomes the owner and paramount title
holder II the territorial legislature may exclude slavery
otherwise exercise the rights of sovereignty In the Ter
tory do 1T by virtue of special grant from tbs
trustee but the United States invests the Territory with
that sovereignty any part Of IL which holds In trust
TO be delivered up when the Territory becomes State II
property in trust for infant ward to be delivered when
the ward Of abuses his trust he deliver the
property during the minority of the ward
These reflections have been produced by no disposition
to carp at or end fault with any ones doctrines opin
ions from earnest desire 20 reach wise and salstay
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