The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-03

Judges appointed in the same way TO expound the laws
the Territories We have marshals TO arrest and dis
tct attorneys prosecute the inhabitants OF these
eighties in their country We require the Territories
to egate in obedience to and lest they may 60
astray We sometimes obge them to send up their laws for
approval ID has happened, time and time again, that
their legislation has fallen under the dsappobaton OF
Congress and thereby became void. What moekery TO
dsclan the sovereignty yourselves declare that IL 10 in
the people Of the Territory and then send TO
rule them judges expound their marshas 10 arrest
and district attorneys TO prosecute them and finally to
require these soveregns send up their laws for your
sanction and them by your aisapprova 70 render them
null
If the sovereignty is not in Congress and not in the
Territories you ask where is i'll The question has
been answered by the from Illinois in the very able
report which accompanies this bill He says 1T is in abey-
ance suspended in the United States in trust for the people
of the Territories until they admitted into the Union
as a State have already indicated my entire willing
ness 70 adopt this answs though should have
the States you please in the people of the States
II be we'll in this connexion to give my own views
Territories never having delegated Congress are in
the language of the constitution reserved to the States or
to the people OF the States.
When the constitution framed there such
people the people of the Territories The people spoken
Of in the constitution must therefore, have been the people
Of the States, for there was none other
The sovereignty being in the States or In the people,
must retain her part New York hers Ten
hers Mississippi hers and all the other States their
parts respectively TO be held and exercised jointly until
the Territory with the requisite population legally and
constitutionay ascertained and with republican form
of government asks admission into the Union as State
As she steps into the Union she becomes coequa with the
other States and asta the sovereignty passes from
the States as they now exist into the new State.
VIII % seen q once .ns make a. ~,ds . r b
eve the practice Of the has been right That
practice has marked the difference in broad and lgbe
characters between States and Territories The existing
States have always elected their governors appointed
their judges, and in his widest fances has
ever dreamed Of having State send up her laws for the
approval of Congre The sovereignty of the States has
been manifested in the full and unrestraned freedom with
which they have acted all these points Exactly the
contrary has been in reference to ncpent States
Territories Whenever they have acted it has been in
subordnatou to the authority of Congress- sabordina
ton which at in my judgment destroys all idea of
sovereignty. .s -...a. w..
The Presidents annual message to Congress- glad
TO say marked by bodncss and originality Of thought
and rankness Of expression that challenge and receive
the tribute of my sincere admiration In that paper he
declares that "thc country has been awakened TO the
cepon OF the constitutional principle Of leaving the mat
slayery to the discretion Of the respective existing
and ncpient States" have criticism to make this
language quote it only to say that II by an ncpient
State the President Territory with the requisite
population to ene il to representative lawfully
ceained and in the act of forming constitution prepar-
atory admission into the Union State then agree
with him fully entirely and cordially Such incpient
State has the right the slavery question for her
self There remain but act necessary to the per-
con of that right and that is her actual admission as
State If Congress- however, should exclude her her ac-
ton in regard slavery would fall with the rest Of her
constitution. She would in that her position
Territory There can be no such thing as State out
this occasion declare before the Senate that
Territory asking admission into the Union State
ton admits or prohibits slavery II in all other respects she
prepared for admission it would be monsrous outrage
exclude her account of tho or dnsavery feature
in her proposed constitution
have not denied and do to deHy, the right Of
self-goyernment We may differ to what constitutes
scgovernment but will go as far any other man in
maintaining the right Do you ask what, in my opn-
on the people Of Territory have right to dot an
swe unhestangy they do whatever Is necessary to
protect the public morals insure the public safety
Thus the Territory may require sprtuous liquors taken
there from Ohio be kept and used as that the pub
lie morals may not suffer thereby and may require
vicious animal from another State to be mpounded
disposed Of that tho public safety may not be en-
dangered And, upon the principle admit 1t to be
within the competency Of the territorial legislature 70 reg
uate the of slave property To regulate however,
thing deroy without cause, and in simple obedi-
public preudics is another and very different
thing.
tis competent for the sovereign say what is and
what Is not property within his dominions 1t will
quire the highest attributes Of sovereignty however TO de-
termine 20 important question thsattrbutes IN my
those that belong this Congress or
to the which are inherent ~ the
States and not having been delegated, are yet In the
have spoken simply property, because Is
in that relation that they will to the Territory, they
90 there at all Considered as persons only there woud
perhaps effort made exclude them The relations
between master and slave parent and child husband and
wife all proper subjects Of legislative regulation put
no one of them than another proper subject Tor
legislative Distinction II would be exercise
OF power dissolve all the matrimonial ties in aTerrtory
and aosove all the children from obedience TO their pa
rents; and yet would require eater power 70 DO
this than II would break what II hppanty called the
letters that bind q slave to his master.
Am asked II there s power, right anywhere TO
abolish or prohibit slavery In the Territories answer
cmphacaliy that there L. II IL In the States Terro-
nv common ground The States meet there as equals
No one has rights superior to another 80 long as ths
equality be maintained and good faith preserved no
prohibtory other act against slavery Is necessary
divisions spring up dscord takes the place Of harmo-
nv then one Of things may be done and either in
nv Judgment win be consistent with the obligations,
rights duties Of all the parties TO the compact OF our
Union.
do not mean to say that either OF these remedies ought
TO bo resorted On the contrary should deprecae
resort either only say that either may be resor'ed TO-
If there shall necessity for either the days OF the
Union In my opinion, win be numbered.
II the States occupy the territory jointly the first
and best remedy 10 divide IT, This may be done by
compact between the States The compact however, must
he made by the States acting In concert as to give the
force effect OF constitutional obligation TO their ex-
pressed will II cannet be done BY Congress nor by the
State cgsaiures Congress may propose and the States
speaking through their legsatures raty an agree
msnt and thus give the force and binding obligations OF
a compact The States, acting through convention .,
delegates chosen represent the sovereignty ooua
make a compact But neither Congress nor the oAto
legislatures represent the sovereignty neither can a@e
compact that would be binding on the States
The Missouri Compromise, though passed by Congress
and acaesced in for long time by the was never
compact having received at any ume tne sancuoh
of the States with view to make 90 90 not mean 70
ssy that compacts provided for IN the constructor
but do mean say that looking to the nature and sue
n Ia N.Y.