The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-05

the highest courts of judicature in England recognises
property in African slaves The cited by ht
honorable gentleman from Georgia Mr.. WARNER who's,
argument TO this point unRnBwerable The law 81
God as recorded in the Bible speaks Of this institution
without condemnation, and proceeds TO regulate the moral
relations OF master and in the spirit that
does parent and child and husband and wife To deny
then that slaves property TO ignore the law Of God
the law of nations, and the supreme law Of the land
This being true then, deny power this government
TO diyest citizen Of his property directly indirectly
To say what shall be shall not be property s the pcc
liar attribute of Sovereignty The federal government Is
not sovereign; whence then the right power TO dis
erimnate between the property Of individuals sections
and TO prohibit either the the other from tho usp
and enjoyment of the aamef If Congress should claim the
power prohibit the introduction Of horses into COM
territory who would not rdicule the pretenson If
they did not resist the fragrant usurpaon2 They hayo
as much right TO interfere with species Of private
property as another Now, sir am not Of those who
hold the doctrine that Congress has legislative power
over the Territories but contend that the legislative
power exercised must be consistent with all parts Of the
constitution and compatible with the true theory Of oup
system. Congress does possess the power 10 organize
territorial governments IL may be deduccd from tho
TO declare and under the necessity OF CARVING
out treaties which may be made by Ito Executive and
Senate The acquisition of territory with its inhabitants
incident TO war; and likewise may be made by purchase
as in the case Of louisiana In the latter case the gov
ernment bound itself protect the inhabitants while in
territorial condition. in all their rights of person ana
property, and TO admit them they had sufficient
population into the Union. To fulfil these spuation ne
sary. believe with Mr. Madison that the power NAV N
dednced from the clause "The Congress shat have mower
to dispose Of and make all needtu rules and regulation
respecting the territory other groperty belonpno IA
the United Statesn and with him agree that stbe
terms ON which this power is expressed audng 10 the
clause just quoted though of ducte character cannot
ne well extended beyond power over the territory
property aud power to make the provisions yeay ncs
or necessary for the government Of settlers until rpc for ad
mission States into the Union" Letter TO Sr Walsh
November 2T 1912 But while hold that il right ne
rnip Ia
settlers of Territory, at the time shall contend
that 1t Is wrong, unnecessary and improper legsa in
reference TO their social relations and domestic aa "a The
rst legislation is consistent with the consu uon tho
latter would violate fundamental theory rpon which oar
whole system OF government rests The first enables the
settlers TO enjoy in the CHEST degree the right to
themselves, and frame their lu1icipal REGULATIONS ana
this view OF the is founded not only in the strongest
reason, but the soundest policy The Fundamental cond
5n OF good law is that the law maker shall live under
II, and enjoy its advantages feel its oppression
The complaint of the colonies against Great Britain wac
that Parliament without knowing their wants passed
lsws for their oppression they insisted upop the right
TO govern themsevesobaiped it the point Of the bay
onet IN the OF the revolution and planted il in this no
best fabric Of political wisdom as the chief cornerstone
Let it not be disturbed lest The temple itself should toppc
To attempt to govern the people of Territory in their
local and domestic affairs, when they have voice in
the laws which may be passed. is species Of usurped
ory suitable TO the despotsms of the East whero
citizens ser than to the latitude of republican Aner
ca where every citizen Is freeman, and element Of the
sovereign power.
Kansas stands upon this ground Congress gave them
their organic laws and appointed the officers necessary
their execution and then LETT the people perfectly free
adopt domestic policy 10 meet the of their Condi
hon, OF which they not Only the best but the ghul
judges The political relations OF the Territories 10 the
States authorize action thas far the part Of the federal
government trustee protect the property OF the
principal and the naenahe rights Of the citizens Of tho
United States who settle the Territory demand for their
safety and protection the free exercise Of the power Of self
government.
have said before that II was the peculiar attribute Of
sovereignty TO define what shall be property. | have
shown that the federal government not being sovereign
could not exercise this power. Let see whether
territorial government do it. In the FIRST place they
cannot derive II from Congress- for Congress itself does not
posSess the power and cannot therefore give that which IL
h not IL they possess IL at all then IL must be derived
from the right to govern themselyes But does this right
constitute them sovereignty Certainly mott for II this
were true the right 10 make constitution would follow
necessarily which they have not without the consent
of Congress upon the laid down in the federal
constitution. Then they not sovereign during their
territorial pupage and cannot exercise the high funC
to1s appertaining 70 sovereign power, until, by tho
consent Of Congress they are prepared and quail
fed 10 be admitted into the Union. And this con
sent Congress is bound TO give when requisite pop
ulaon Is attained and form Of government presented
republican in It's features The obligations mutual
The Territory cannot exercise the fu rights Of Eoverg
State until the above conditions complied with md
Congress cannot egitmaey prevent her admission 70 tho
dignity and power Of State, when they shall have bC
complied with. This brings 10 the inquiry Where hru
Is the sovereign power located2 answer In the people Of
the constitution TO become Of the United Sntes II
be found nowhere else At this point they possess
legitimate power make their constitutions define their
institutions including excluding such property as they
may deem conducive 10, destructive of their happiness
Should Congress the settlers in TERRITORY, attempt
under the forms OF legislation to exercise this unFmntCl
power and deny 10 the citizens Of the States the right
carry with them 20 the territory any species o
property recognised such BY the State whence they cu
CRATE then arises question OF the validity of such egR
on which the courts Of the country decide IL y.H
ask me- what remedy have VIC should the proper judicial
tribunals decide the exercise OF such power the part
Congress Territory, 10 be right and constitutional ms
answer Is, know Of other but revolution " Lio v0-
Euon Of the constitution by those Ia authority b. papabc
and OF such character greatly endauger rights vital
TO the happiness Of people then in the language OF tho
Declaration Of Independence IL Is the right of the people
alter 20 abolish H. and 10 institute a new government
laying It's foundation such principles and organizing ts
powers in such form 10 them shall most likely to
eject their safety and hapYinsss7
desire now, Mr. Chairman TO shy something In refer
to The position OF parties connected with tAg que
onthis great aud veTed queston-oi the power 81 Con-
Rress the Territories; because need 'ry
evade the conviction that there bat thatone solitary quea
ion agitatng the public mind The republican par
~ have tor ne tas being discarded all pretenEiou in
gard to the abolition Of slavery in The District of Coum-
ha in regard 10 the interference 10 the slave trade be-
tween the States In regard TO the abolition Of slavery IN
the docks and arsenss and such other property tho
United States government possesses They have discarded
all these issues for the time being and the great question
party is what power has Congress the government
Of the Territories
The part which the kuow-nothug party plays Ia regard
TO this issue Is somewhat equivoca The backrepubcan
party lays down the position understand IT, that there
are 70 be slave States formed out Of the
territories use the term "black" adjective lie.
dpctve in It's character not uncourtcous never no,
harsh and odious ephes 10 speaking Of persons par