Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-01-31

of the Constitution, for the just aad equal enjoy
nent or use Of the people Of all the States; and
there is no general or unlimited power eX'sting
anywhere. either in Congress or the people OF the
Territory or anybody else, 10 deprive any citi-
zen OF the United States from going there with
bis'proper.y OF whatever kind IL may consist.
so long rs il is a Territory. ] have ~ much
right to 20 there with my property rs the gen
teman from Pennsylvania has with he; ana
the people OF Georgia have az much right 10 20
there with their property as the people OF Pcnn.
sylgania have with theirs. The Unlimited power
TO exclude slavery and that is the idea suppose
the gentleman is upon, exists nowhere IN my
opinion.
The gentleman from Pennsylvania seems 70 be
hunting for tbe power and because be cannot ana
il in one place. he takes il for granted that II
must exist In another. His logic is ahoat as
good az that OF the man who undertook To prove
that Columbus was not the d.scovcrer OF AmsfI-
ca F: that this honor was due TO some Norwegian
navigators who 1t claimed discovered II !
believe about the year 500, at any rate several
centuries before Columbus. The reasoning by
which this conclusion was arrived ct was, that
Norwegian vessel. about that time, set out from
the coast Of Norway. sailing west. which was
never heard OF afterwards; and the argument
was that those on this vessel must have gone 10
America. for If ihey did not where else did they
go 10? G.aughter)
Mr. Todd. DO / understand the gentleman
correctly | understood him to say that he adj
vocales the principle ofthe Kansas and Nebraska
bill, because it Is based upon the great republic
can principle OF the right Of the people TO settle
their own Institutions Tor themselves
Mr. Stephens. Yes, sir on this subject.
Mr.. Todd. I understand the gentleman to say
that the people have not that right, and that
Congress has not the power to clothe them with
that right. Now. / want TO kaow whore this
great representative principle, of which the gen
tlcman speaks, resides, and how II Is 10 be eNer-
cised, if neither Congress nor the people possess
it,
Mr.. Stephens. Il is to be exercised 10y the
people when tney form their State constitution.
That is my view Of how and when the power is
20 be properly exercised that is what / conceive
the old republican idea was.
Now. sir. will hear the gentleman from Maine.
(Mr Washburn,) who desires to ask me a ques-
ton.
Mr. Washburn. Of Maine i understood the
gentleman from Georgia TO say that be believed
that Congress has no power 20 abolish slavery in
the Territories. but that the power resides in the
people: and again. that the people Of the Terri
tories have no power except that delegated 10
them by Congress ] understood the gentleman
20 lay down these two propositions. Now. the
question have 10 ask is tAis If the people Of th-
Territories have 10 power except, that given TO
them by Congress. and Congress has no power
to exclude slavery IN the Territories. where do
the people OF the Territories get the power TO yl
cude 10 thcreg
Mr.. Stephens The people have, in my opin-
ion the power 10 exclude it only in state "a
pacity. or when they form their State const.tu-
ton. Then they get it where all the States get
it. The people. in territorial condition, are
but new States ia em5rV0 this latent power Of
IjtH Sovereignty. when they assume State form,
then develops itself; wings TO rise aud fly.
thodgA latent in the chrysals, do nevertheless
develop themselves in fall beauty, v.gor, and
perfection at tn" proper time. But I have this
further to say in rcply 10 the gentleman from
Maine, lAir. Na-hhgrn.) That gentleman. and
suppose "a majority of THIS House, hold that Con
grcss has the iull and absolute power 80 exclude
slavery from the Territories. Well Sir If Con
gres~ has S3ch power Il has conferred that power
upon the people OF Kansas end Nebraska. !
hold that Congress has not such unqualified pow
er; bat if il has, as the gentleman believes, then
the people OF those Territories possess il under
the bill. This is evident from the language of
the bill itself.
That the Constitution and all laws of the Uni
ted States, which are not locally iuappiiCable.
shall have the same force and effect in the said
Territory OF Nebraska as elsewhere within the
United States, except the eighth section Of the
Act preparatory 10 the admission Of Missouri
into the Union. approved Marcn 6, 1920, which,
being inconsistent with the principle Of non-n-
PREVENTION 10y Congress with slavery in the States
and Territories, as recognized boy the legislation
of 1850, commonly called the c0mprOmise meas
ures, is hereby declared imperative aud void
it being the true intent aud meaning of this act
not 10 lcEislate slavery into any Territory or
State. nor 10 exclude 10 tAcreirom, but Co leave
the people thereof perfectly free 10 form and
regulate their domestic institutions in their own
way, subject only to the Constitution OF the Uni
ted States Pr0oided: That nothing herein con
tanned shall be construed 10 revive or pat ia
force any law or regulation which may have eN-
listed prior % the act of 9Th March, ls-0, either
protecting. establishing, prohibiting, or abolish
ing slavery
Now iii, ~ have STAYED, | voted los this Oil, .
leaving the whole matter 10 ,he people 10 sritI- for
Themselves su ect TO no restriction or limitation
bur the Constitution. " i,h this distinct und,isamd
ipI OF H., import and mraiiin-, q! W ca drt, rm-
nation that tne existence al tus poarr being d.
puted aud doubted IL would be b,jter and much
more consistent with our oll-time republican
principles 20 let The people settle 10 ,hiu Tor Con
gress 20 DO 10. Aud although my own opinion Is
tHat the people, uuiur the hmtitcn- OF the Con
stitutiun, have not the r-huu, poaur 20 exclude
slavery 80 long rs they remain iu territorial coudl
ton yet 1 am wiling that they may determine il
Tor themselves and nncu they please | shall uev
er negative any law they NAV pass II it j. tlc
result a lair si-.alye expression OF the popular
will Never / am aiiug llat tAc Territorial Lc
gisiature may act upon Toe subject when ana hoT
they NAV tbiHk proper We got the COMPRESSION /
al restriction taken Oh The territories were made.
open ana ice lSr unmi grafton and settlement by
LIE people VI aH the Slitrb &tlkr, WIN iltlT pro-
petty alike No oaious aud uij.st discrimination
~ exclusion against any class portion; auG a.n
content tiaU those Who thus 80 there from ali scc-
tlons snail 40 IA this matter as tb,y piylsr uul,r
tn,r organic law. l waited the question ta.vi, out
o. the Halls OF national legislation. Il has done
nothing bat disturb the ia llc peace ia dirty
five years or more So long as Congress UNDER
takes 10 manage %, IL will continue 20 do nothing
but stir up agitation aud sectional stIiie The'peo
pie can dispose OF it better than We can Why not
then, By c0tHmou consent, drop t az o9ee und for
even Why not you, gentleman, arOlud me, give
up your 80 called auu stl-Eii,cal.rl Republican
lucas OF restoring ia, Missouri uslnrtou, and i,t
the people IN tuc lar oil iculiUr,s q hau-4s AVID
Ngaraska look aiJer their OWu condition. present
and future, IN their own way l. u not much
more Consistent Win ~. Adam,'s ideas Of Rcpub-
hcansm Tor Jhcm to attend 70 their own domestic
matters than Tor you or TO undertake 20 DO Il
for tHrmy Let a. attend % our business and let
them Uttead 20 theirs What Gle kr,ps tins
House disorgauzcd and suspcpds ala legislative
business wishe ., sir, la voting Tor The kausas
bill, aad IA carrying out "a good faith the great
principles established n lS5u-ihat memorable
ep, ch, the u.iddle o. she uisrtcyuth ocntufy-aud
fixing them The basis and rule OF action ou thr
part OF the General Government iu h,r territorial
policy, 60 get rid OF tha disturbing question: here
- ir Ill