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

do hold now, that the power IN organizing governs
ments and disposing of the common territory can
be properly and constitutonslly exercised on the
principles of fair division. The gentleman seems
TO belong to class Of men who argue that If Con-
gress can exclude slavery from part on the Prin
ciples speak of it could therefore exclude IL from
all the Territories.
Mr. ZoIlcoffer That is the position of the gen.
tleman's candidate for the Speakership announe-
ed last Friday in his place, that if you exercise
power over part of the Territory, you over
the whole of the Territory
Mr.. Stephens No. SIR | ndorse every word
that the gentleman from Illinois has said this
subject He says that he voted for the extension
of the Missouri compromise line, and that he did
not think in doing so that he was violating the Con
stitution. think so too. He says that the exer-
else of the power other than by compromise, or
fair division of territory would be wrong and ,just
and vaolaige If not Of Tie letter. al least of The spirit
of the Consultation. So | say too. And why would
it in nv opinion be unconstitutional to exclude
slavery from all the Territories? The Constitution
is silent on the subject of the government of the
Territories. | have always maintained that the
power was incident and resulting one; and, as
look all resulting powers this one is TO be fairly
and Justly exercised When exercised III tha5 way,
| hold that it is constitutional If not it is wrong
and unjust, and tantamount to a violation OF an ex
press provision of the Constitution. it is viola
ton of the spirit of the Constitution, because Of Its
injustice.
Mr. Zolicoffer If Congress has the power to
exclude slavery from one half OF the Territory, has
it not the power to exclude from all the Territory?
Mr. Stephens. No, sir That is the point. 1t
would be unjust; and for that very reason no such
power of general exclusion could be properly exer-
cised. The Government oil the United States, un.
der the operation Of the revenue laws, and not
within the pGrview contemplation of any OF the
granted powers of the Government, acquired
plus revenue 1t was never contemplated by the
Consultation that such a fund should be amassed.
distribution OF the fund fairly and justly between
all the States, hold was perfectly constitutional
But suppose the North had said "Here is a case
outside of the Constitution. There is not word
in tina. instrument on the subject. The funi has
been unexpectedly acquired under the operation OF
the Government; but it shall not be divided among
all the States equally; it shall be taken exclusively
by those where slavery does not exist that slave
holding State shall touch dollar OF it." Would
that have been constitutional?
This is an apt case in point of Illustration, for
the Constitution is silent on the subject IL was
never contemplated by that instrument that sur
plus fund should be accumulated; but such fund
did accumulate and may again The power Of dis
tribution was a resulting power, and when fairly
aud justly exercised, was constitutional. ! do not
now discuss the expediency Of the distribution but
the coustutiOnality of it, ! do not doubt that it
constitutional if the distribution fair and
Just, but il would have been nothing short OF usur
patton for the North TO have taken the whole OF it
That is my answer, and with the Territories
Here vas all acquisition of public domain, which the
constitution never looked t. or provided for, made
by the common'treisure, by the common blood OF
northern men and southern meu--men from all
sections contributed in acquiring it. In some
I'D in ir a
it not right that the people OF all the States should
have an equal enjoyment OF, or just and fair par-
ticipatiOu ill., this pubic domainy just as in the
Case OF the surplus fund; when that fund came to
be divided it would have been mOnstrous, and IN
just and vioative Of the COnsutution-Oi it spirit
if not of its Ietterii the distribution had not been
equal and tair ore.
Mr. Zollicoffer | have at length been able to OBJ
tain, and will read the extract which based nv
opinion OF the gentleman's position. My object in
doing So at this time, is merely to show that had
no purpose to misunderstood or misrepresent him
call attention to the following extract Of a speech
delivered by the gentleman in 1913, on the floor Of
this Ouse.
IL have no objection to compromising the ques
tion but have only tIco plans OF compromise; one
is fair dipiSiOn OF the territory by fair and disc
tinct lines, by which every one may know exactly
to what extent his rights will be protected care
not much whether it be by an extension of the Mis-
souri, line whether it be by adopting as line one
OF the mountain ranges giving the South all on this
side and the North all on the other. | am, how
ever rather in iayor OF the latter; but shall insist on
some fair and just division. That is one plan OF
compromise shall favor; and il | cannot get that,
have but other offer, and that is to reject the
Territory altogether. Let Us keep our money which
is to be paid tor it, and let Mexico keep her proyn-
ces and her people"
Sir Stephens Well, sir
VT Zollicoffer Let me proceed.
Mr. Stephens. Show in what differed then from
what | now state. Why do you bring my records
back of what now say?
Mr ZoIcoffcr. | do not say that it differs from
what the gentleman has said in the last few minutes
but there does seem to be some difference be-
tween it ana the non Intervention banner which he
so boldly Haunted on yesterday.
Mr. Stephens. Not at all, sir. Permit me to re-
peat just here that my original view was, that Con
gress should not interfere or intervene against Us;
that Congress should leave the common territory
free and open to colonization by all alike. This
what | desired this is what we have nor got
But when this speech made, this hope was a
foregone conclusion; the hand OF Congress against
us could not be stayed. None of US expected, il
the territory should be acquired that Intervention
against US by Congress in some way or other could
be prevented. Ne were voted down. J. however
was still willing, an alternative, TO compromise
on the old principle OF division; but if | could not
get even that then my last alternative was not TO
take the territory. The gentleman from Illinois,
Mir Richardson, and the Senator from Illinois,
| Mr. Douglas aud few more not exceeding half a
dozen, believe, were the only gentlemen from the
entire North who voted to give US any showing at
all--men who seem to be now hunted down While
the gentleman is reading me lecture in reference
to the honorable gentleman from Pennsylvania, to
which will reply, his whole argument seems 10 be
to hunt down hr. Richardson.
Mr. Zollicofer | think that assumption is a it.f
tie uukind TO me. | feel that such is not my wish;
but that when Southern men seem to be hunting
down sound aud national men OF the North, who
stand with me- both sides OF the question should 90
before the people.
Mr. stephens Let me go on, if you please.
Mr. Zolcoifer. | will say that now understand
the genileman's position 70 be somewhat different
from what supposed. l understand that, a mat
ter OF compromise he willing to this geo
graphical line run TO the Pacific; that slavery should
exist on one side, and be excluded from the other
| nov understand him TO say that be believes that
Congress has power to make this disposition.
Mr.. Stephens. l do.
Mr. Zolicofer And understand him at the
same tine say that, while Congress has power TO
prohibit slavery from one half OF the territory il
has not the poweF prohibit IL from three quarters
This | must confess TO me is inexpcsbe.
Mr Stephens IL NAV be 10 the gentleman;
il does not seem so | say that there is no
violation OF constitutional power TO divide fairly and
Justly, bu, t would be vioative OF every just pgn-
.pl. of The Consultation IN take the whoia II that