The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-27

SPEECH OF HON. JAMES A. STEWART,

On African slavery its statusnatura moral social legal
and constitutional and the origin progress present condi
ton, and future destiny of the United States considered
In eonnexon with African slavery part of its social
system with the bearings OF that Institution upon the
interests of all sections OF the Unon and upon the Air
can race delivered in the House of Representatives
The House being in Committee Of the Whole on state
of the Union
Mr.. STEWART said
MIR. CHAmMAs So far as have the opportunity under
the circumstances propose dispassonatey TO discuss
OF the principles which lay the foundation of
government especially they apply to the status OF
negro slavery it existed at the time of the adoption OF
the constitution anterior and subsequent thereto the
tablishment Of territorial governments and the formation
Of new States additional and provisional element
with general miscellaneous remarks applicable To
the disturbed stale Of affairs and going TO show that
negro slavery - IL has been employed here has been benz
ecia to the country and promotye OF the happiness OF
the negro race In the course OF my argument shall
undertake 10 demonstrate that the federal government the
State and territorial governmentsal being component
parts and parcel OF entirety so far social and muni
cipal regulations conccrnedare pro-sdyey by
sary consequence that no rghtul and constitutional
power exists under The system check limit the nau-
raj internal increase of slavery except through the State
governments either OF their voition by amends
of the federal constitution therein provided for
The general is merely possessed delegated
authority limited 10 the specific objects conhded 10 its
The resduum of power retained by the States or
the people the eof The general government certainly
cannot impart authority it does not itself possess "Po
lestas deiegdfa son potea detegari"
This government consent in the exercise of its ex
press authority that the territory ntrusted TO its manage
ment for specific object may be occupied Municipal
government may thus be organized by the people in the
said territory not il conflict with the constitution or
the rights Of the States because the ufisdiconal au
thority of the federal government cannot alum or
par se exceed constitutional limitation When the gea
people the Territories develops ITSELF matter Of
necessary consequence from the principle OF inherent
authority in the people qualified by its own acquies
eence in odem verbs from very of the case
"A fhrnu c0n
may be exercised in limited degree by the consent OF The
parties interested that Is the general government as the
6ducory OF the people Of the Saes the SIDE and the
people OF the Territory the other to be indicated by
the compact organic law establishing the territorial
government The said general government has no rghtu
pogrr prescribe them what sort of municipal regula
lions they shall adopt but is bound protect the citizens
thereof in the possession and enjoyment of their property
Of every description slaves and other chatels included
and cannot prohibit its introduction discriminate be
tween different kinds of property Negro slavery with
their other civil rights is necessarily carried with them
into the Territories by orcs Of the compact of government
between the States because that government over the
States aud the people thereof is in its protection Of the
rights of property aud citizenship complete unit and
make distinctions to different species Of property
IL the people OF the Territories should upon them
selves prohibit the introduction Of the slavery institu
ton before they had formed State government such
proceeding would be violation of the rights
of shareholders In such any citizen that chose to
could invoke the authority Of the general gov
to vndicae his rights or he may from Difference
the maured sentiment of the people OF the Territories
under regularly territorial government waive
his rights and from comfy acquiesee in their determine
| ton.
or in the proccss OF forming State constitution the Con-
gress of the United States has right TO prescribe for
them what sort of domestic institutions they shall have,
and cannot therefore, righunly intervene In directing
their action upon such subjects Such an interference
would be gross usurpaton, and without shadow OF
The principles of the Kansas Nebraska law rest upon
and involve these considerations and from its spirit and
temper in deerrng the settlement OF all these matters 10
the people Of the Territories when they come 10 consider
what of permanent government they will establish Tor
themselves commends itself 10 the support ofthe friends OF
popular free government and should be firmly sustained
Our whole system of government federal State terrific
rial and municipal Is practical u,ilitarian and judi
ciousnot Utopan transcendental and aosiract-esen-
TALLY founded upon the habits customs local interests
and peculiar circumstances Of the people as they er-
listed at the time Of its formation and far as It's
founders reasonably contemplated IL would be ope-
raye upon their future progress and development the
form OF adopted TO suit the Interests OF the
peopenot upon the principle that the people were TO be
put upon Procrustean bed, then aud thereafter aud
stretched to suit abstract and arbitrary theory When
once 1t demanded to know OF Soon the great Atbeni
lawgiyer what sort Of constitution be had prepared
for the Athenans that wise philosophical and practical
statesman said tba he bad furnished them With as good
constitution and form Of as the people would
bear looking TO the habits and genius that char
scerized them" Whilst have said that that form
Of government Is best which Is best administered the
philosophy Of ours esteem that best which Is adap-
ted protect and the happiness and actual Interests
Of the people The founders Of government in order
cal views of the people reserved the people Of the
States through their State organizations ample and all
the rcsduary of for this purpose deegatng at
the time TO The general government such other author
y be exercised by the Of
the whole aud to which the States separately we're not
competent and from the responsibility Of which IL was
wise policy they should be relieved No serious diff
of opinion upon such general matters 10 be
con6ded to the federal government could be seriously APP
pretended Should any peculiar theories notions exist
| ia regard to local and municipal institutions the
States Immediately and directly nteresei should settle IL
suit their vewsthus dsembarrassing the general
government by relieving IL from the pecessy OF ocous
ntermeddlng in domestic quarrels and srrsnge-
ments. This Is most beautiful and prominent feature
md necessariy one Of the reserved rights because il is
essential local purposes and does not conhctat all With
the general Considerations The State that has
original and sovereign power may again subdvde her
thority parcel II out municipal corporations counties,
cities towns &C. for stl local purposes and objects
The principle Of the Kansas kebrsska act in s formation
4 and tendency, runs parallel with this theory far
as II can, system, be made applicable TO territorial
government Under system The moral, Of slavery
question s not open Que because IL Is adcda and
an,horatvey settled by the founders OF the
10 the establishment Of the present constitution This
Judgment thus soemnly pronounced is obligatory upon
member Of the compact and all attempts TO weaken
destroy its binding force by abstract and crude discus
sons with the letter and spirit OF the constitu-
ton and only lead disorder dsunion, and
4 oyerlhrow Of the government
These views shall endeavor to argue and insist upon
N successfully maintained the northern side OF these ques
tons will be proved be rank berey and in Utter
c with the orderly arrangement Of our government es
senially and morally revolutionary and reasonable In
purpose and INTENT designed TO change the action of the
in s constitutional fore aud effect the south
win be ~indcaied the uphoder Of the pillars Of the
all good evsrywhere who