The daily union., 1856-12-24

faction with the democratic party should 1t be any Cd
e9soh % 70 1he aemoeraae party our positions arg II the
party to which you, Mr.. Speaker, belong"
But one nights difference" "Perhaps but hourY
Why sir the difference is just great between Terrific
\ ry and State as between child and man. Eaoh mas
their respective rights TO be sure but they OF totally
different character The gentleman would SEEM too, to In
innate that statute of legislature OF equal solem
nifty with article of constitution See where his doc
trnes would lead Territory is added TO our do
main some ten thousand people, coming from different
States where different Institutions PREVAIL settle upon H.
They require law for the regulation of their society," and
territorial government is given them. For whatf TO
protect them from anarchy during their territorial cond
ton The people OF all the States have equal right
with themselves to enter upon the territory and are pro-
tected In their persons and property by the constitution
the United States which recognises property in slaves and
yet my friend from Tennessee would permit majority of
this ten thousand lit may be housand to exclude by
territorial law, every slaveowner from the South, or -
pose condition of admance contrary to his tastes hab-
It's interests aud the spirit of the constitution do not
Inquire into the authority of acquiring territory That
oregone conclusion We have it and if without consti-
tuuona authority it waif into corporation,
by every principle of justice and equity should be held
for the benefit of all the corporators and not
for the exclusive benefit of the few who chance to STUN
| BILE upon it.
Some of friends maintain that the law pro-
tects property of every description, and will protect 1t
against the local law of Territory which may conflict be-
cause of its assumed unconstutonality But how does
the common law get into Territory The common law
of England carried into all the States by express
statute If law be found for the acquisition of ter
rtoy 1t is absurd to suppose that law be carried
there by virtue of the constitution except the laws of Con-
gress which authorized and regulated by the cOnsttu
ton That clause OF the constitution which provides for
the making Of needul rules and regulations for the Ter
rtories must apply to territory acquired since its adop
ton, now that we have them In possession and the con-
suon must authorize the making osuch local laws by the
territorial legislature conflict with its other
provisions the laws of the country from which the ter
ritory acquired would continue to prevail However
intricate these questions may be in reference to territory
conquered from Mexico difficulty exists in regard to
that purchased from France for in the treaty of cessiop
|
OF Louisiana in their property in slaves, that
The inhabitants of the oeded territory shall be ncorpo
possible according to the principles of the federal
constitution, to the enjoyment of all the rights, advantages
and mmunites of citizens of the United States and in the
they shall be maintained protected the
enjoyment of their liberty property and the religion which
they profess"
Kansas is part of the Louisiana purchase ,,o in INV
view the rights and interests of the ple Of the slave
owning States are protected ~ treaty by the constitution
me common ,aw and by the organic law Of Congress
ana Aat this protection is now and will continue perfect
until the people shall in convention make constitution
IN which slavery shall be rejected and Kansas with that
constitution, admitted State into the Union.
NY colleague, Mr. ORRl while be repudiates what is
found in the Nebraska act yet holds that in
ay it is matter of practical consequence whether
is not In his speech the other day he remarked as
follows:
81 say, although deny that squatter sovereignty exists
in the Territories of Kansas and Nebrask by this
it does and think shall be able satisfy the gen
eman of that The gentleman knows that in every slave
holding community of this Union, have local legislation
and local police regulations appertainnR to that institution
without which the institution would not only be valueess,
but curse to the community Without them the slave
holder could enforce his rights when invaded by others
and you had local legislation for the purpose Of giving
protection the institution would be of value. appeal
to gentleman upon this floor 40 represents slave
holding constituency, to attest the ruh of what have
stated upon that poipt
Now the legislative authority of Territory invested
wa "a S vote for or against laws We think they
open TO settlement, and Shareholders there protect
slave property But If they decline pass such laws what
the remedy None, sir. If the majority of people
are opposed to the institution, and they in
grated upon their Territory all they have simply to
decline pass laws In the territorial legislature for pro
lection and then it is well excluded the power was
Invested in the territorial legislature by them
cal Importance result from the agitation discussion Of
this question as to whether squSttcr sovereignty does
not existH Practically, 1t matter of little moment
The language Of my friend amounts to this that public
opinion is paramount to law That there occasions
when putlc opinion does and should the penalties
OF the law, is readily admtte9 it also is that laws
passed by the of the people usually the
reflex OF public opinion have already remarked that no
SpeclnSu number OF people requisite for territorial
government and utterly repudiae the idea that the first
few hundred sraggers who may enter upon Territory
should set up TO be the manufacturers Ct public opinion
of law, which may conflict with The rights of citizen
der the constitution; and so do understand my friend
His position is that if territorial legislature fails pass
laws protecting and regulating property in slaves there
no power to compel to do and that in the absence
OF such police regulations slaves would only be
vaueess, but to the community and il is u this
that think my colleague ezra AS citizen of a sover-
egn State have tho right pass with my property into
any State Territory where the national flag receg-
Missed II take my slave into State where public pre-
judce against the institution may be robbed of my
property and although my right Of property is intact
am powerless II the local law is my OBTAINING
him. But here in a sovereign State and though
the State may be in open defiance of constitutional
actment of Congress have not the power enforce it. nor
do know where the power ia to be found
As citizen OF South Carolina, 60 into e-ritorv
however with goods, wares and merohapa.e and ante
ror 70 the passage ey me legislature Of law
tsSut"S'ns ''o cotton of estates, die inestate
"@' ones of my property II Ia certainly subject =,
.e statutes of State OF which am resident So If
take my property in slaves into Ter TORY which do
under the federal constitution, a tho territorial legisla
ture have failed to pass any law regulate dispose Of or
protect such property then the local law the State
which citizen will apply to such property provided
1t does conflict with the constitution and the laws of
Congress made under It,
presume that my colleague and myself will coincide in
the opinion that the territorial Legislature has authority
to pass laws prohibiting the introduction of slaves the
manumssion of them II in the Territory and any laws to
that effect would be void The point of difference between
s TO the effect OF failure to make police regulations
He gives virtue public opinion at too early period
and his position would efectually exclude the slave
owner with his property that Of those gentlemen who
admit the right of territorial legislature to exclude He
makes the general opinion Of few straggers more eff
cacious than territorial law In the of public
opinion he prohibits the free exercise of opinion in truth
his position is the squater sovereignty of opinion.
When Kansas comes to in the majesty of sovereign
will regard her opinonnot before But il has been sug
gested that the squattersoveregny doctrine will work
well for the South for the North and that the time may
when IL will be TO interest that the doctrine
should prevail And thus we are caoled into making this
hagp 4pf