The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-28
CONGRESSIONAL.
SPEECH OF HON. JAMES A. STEWART,

On African slavery its moral social legal
and constitutional and the origin progress present condi
ton and future destiny of the United States considered
in connexion with African slavery as part OF its social
system with the bearings OF that institution upon the
interests Of all sections of the Union and upon the Ar
can race delivered in the House Of Representatives
| July 20, 1856.
TcoScLUDED
If the constitution from Its necessary theory and ten
dency carries any of these social righsfor instance
the relative rights of baron and eme, which but the
result Of civil contract recognised and ordained by mu
nicpal authorty- must support ALSO the relation Of
master and slave If the federal government has the right
to dissolve the latter then may also declare that within
s territory the marriage contract shall be considered DIS
solVedprescribe plurality of wivesenact all the abb
surdities characterzng anaticis establish Mormon
Ism, Mane-Laoisn spirtudlism, uehcr religious test
indeed all the whole code of blue laws II this govern
ment has the power in and II is to be lett TO lis
discretion IN what will it draw line of distinction
assume that this government has such power The IN
sdtuons Of all the States establishing property and
OF property and all the social relations are taken along
with the people that go there and must be recognised in
the first inatance This embraces all the rights of property
vested rights, and which respected by the laws OF all
nations; otherwise, to police regulations When
the Territory s thus occupied under such constitutional
regulations Congress shall think proper prescribe in
reference to the disposition of the public domain the gen
era government may and ought to- assent to the forma
on of territorial government and to the organization
OF local legislative authority, competent to the adjust
and protection of all their local interests upon the
well-seted principles of our government-that where
there is legislation over people there ought to be repre-
| sentation.
government is in quasi modified condition of political
existence the people there allowed representative in
Congress without full and complete powers. This is the
established mode of territorial representation There
other peculares pertaining to systemfor instance
as to the status Of the Indian tribes They not ct
zens they are not foreigners; they are in state Of de-
pendence-of pupage The Supreme Court of the United
States has decided in the of Georgia and the Chero
Zee nation that that Indian tribe certain extent
political State and entitled to be treated under the
eighth section third clause of the constitution, authorizing
Congress to regulate with foreign nations aid
amongst the several States and with the Indian tribes
The said tribes considered domestic integral nations
suppose Where the power to regulate with
the Territories except upon the theory am urging coupled
with the authority to make all needfu rules and regua
tons within the compass of all the federal authority and
looking to their ultimate destiny as States3 When the
Territories allowed local legislature they in the
first organic state of government From being mere
squaters on the public domain, and tenants at aoiA,
and by mere suferance, they are put in the pos
session and user rghtfuly, of police authority, and
the making of municipal regulations having then ac-
their original and inherent rights but not to
the extent of complete sovereignty because the paramount
jurisdiction of the general government cannot be ousted
in this stage of their history This condition. with qualified
of authority srorai popular government conradis
tnguished from that bastard and iegitmate bantlng
commonly known as "squater sovereignty: the FIRST an
organized and regular social government for the Terrific
re under the authority of the general government the
other and latter spurious and mushroom arrangement
the soil Of the United States in disregard of its para
mount authority would be to recognise imperiua IN
pio. The first regular orderly and consistent with the
rights Of eminent domain in the general government
trustee for all the States the other irregular revolution
ary and subject to outawry. When this territorial gov
ernment has within its Limits sufficient population to
maintain and support full and complete State govern
it may propose TO assume perfect sovereignty, and II
competent for the general government to accede to the
proposition not according to its own Judgment II this
consent given the new State ushered into lie with all
the panoply of sata Importance pride and power aud
takes her place amongst the states Of the Union Like Mer
cury somewhat from the head of Joye she springs into ex
Hold all tbpk
are coequa and have coequal rights in any territory be
longing to the United States and whatever Is recognised
property In of the States by their local laws must os
regarded the common ground in the Territory and
there power to change this necessary result or pro
hib its existence until the State government is founded
The Of chattes horses oxen sheep cattle 2c may
20 the OF slaves with his property the south
ern man, with his wife children, men-servans maid-ser
wants and anything that his the northern man the lord
of the oom with bis machinery his spndles and his fancy
articles too tedious TO enumerate.
This is the great law of equal rights which the cons
tuition fully recognises These the covenanted right
of the citizen of every State This is nonintervention
aud the doctrine OF popular territorial sovereignty Th
is the spirit Of the tenth amsndmsnt TO the constitution
"Tbe powers delegated to the United States by th,
constitution, prohibited by It to the States are
to the States respectively, or 10 the people"
Where is any power delegated to prohibit the citizens
any OF the States going to any OF the Territories with
every variety OF property This hold to be the etie
and spirit OF the constitution in regard 70 rghs IN tn'
Territories This Is the southern claim Of constitutional
right and the South will always be ready 10 acqozre 10
the action OF the people of the Territories when organized
as have stated and when they 10 form their per
manent State governments II the citizens thereof heieFe
their interests will be better subseryed by the exclusion
slavery institutions the South am sure will never inter
pose objection TO the admission Of State on that &C
count We fully recognise the capacity Of the people fo
seEgovernment and that their own common sense and
Judgment viii properly regulate all such matterE This
the democratic spirit and temperament and they win mo-
consent TO its dsparaFement Under any Circumstances Al
sections ought to ooncede this practical exercise OF power
ard trust reliably to the maured Judgment OF the people
Having adopted the principle that the people are cape
BILE OF segovernment for myself viii abide the expert
ment and viii encourage in the exercise OF my per
sonal rights formal war upon such great vital ano
democratic principle. The great controlling laws OF Prov
dence and Nature win prevent an extensive system
Mormonism BY Natures lays there are about az many
males as females any social system regarding the mari
al state must accommodate self to this uHcontrolabt
fact and cannot 20 counter TO IL 10 an alarming extent
These things have wisely their provdena corrective
Tho same unserable law will control the amagamahor
Of the white and black races II is said to be physica
fact connected vIt the organism Of the white and black
races that increase and multiplication cease from insrcom
municaton after the fourth geueratoS The ancient Ahe
mans had law against psrricide deemng ,as fsene
Of fia Affection stronger than artificial regulation hu
man effort human ragary human taste and human pow
er have certain limits ordained by the Almighty law
giver; and beyond the bounds prescribed by hm m0r
man. with all his pride, pomp, eIerton, and circumstance
s Insignificant and poweress Ii has been meploaea az
an incident that occurred the battle Of New Orleans or
before that casual interview took place between two
of the opposing pces the night before the engagement
They were talking the probable fate Of the next day
The English soldier claimed that the British would have an
easy victory boasna that they had on their side Lord
such one and Earl such one &c. who had been irwin
chile The American soldier responded that they bad SUI
greater power on the American side that they had ht
Lord Of ALI and General jackson, and they never