Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-01-04
CONGRESS-.

shOtrn 10 be NidcocFnltc 70 Ht OV"c'
Mr.. Cox tSlavocratic X. N. of kentuc
kyD-Does the gentleman from Pennsyl-
yania believe that Congress has no power TO
confer upon the people Of Territory the
power to establish Slavery
Mr.. JoNEs (of Penn. Democratic leeder,)
If the gentleman will allow me, viii ex-
plain my position fully. will answer his
question. The question put TO me the other
day by the gentleman from ONO SMr uiod'
ings) was " DO you believe Congress pos
sesses mower TO declare Freedom in Kansas
Territory n
MIR. GIppiNes-I said "restore Free
dom."
Mr.. JoNrs-Very well; "restore Free
DOM | answered this question then but |
will tell the gentleman again exactly what l
do believe. / believe the whole power OF
this Government over a Territory. while II
remain in It's territorial condition, grows out
of the proprietary right Of the Government
asa landed proprit tor under the Constltu-
ton; and believe that Congress has the
power to confer upon the people OF Ter
ritory the right to legslate upon the subject
of slavery when they are forming their or
ganic law preparatory to admission INTO the
Union as a sovereign State but, PRIOR to
that time, Ueu hare no righ either 10 establish
or abolish SidUerg. Congress cannot confer
it, for want power
Mr.. Cox-I understand the gentleman
perfectly, so far as that is concerned. Now,
let me ask the gentleman anuiher quest
ton.
Mr.. JoSrs-One word more, Il my honor
able friend from Kentucky will allow me. /
believe the General Government has no pow
er to confer upon the people oil ierritofy
a,,k.arf Of lnypry as
10 its establishment or abolition under the
Constitution. EXCEPT to be exercised IN one
,pgv. and tia, way Is, as have said, through
heir organic iatc, ichen they come and ask dd-
mission into the Union. Congress has no
power over the subject, except ne landed
proprietor; and 10 virtue Of that power they
have no night to make general regulations
touching the existence of Slavery. That is
my position on the subject, and hope am
now understood.
Mr.. Co~-l understand the gentleman
perfectly. And now will the gentleman par
don me for asking him another question: !
desire to know whether the gentleman be-
lieyes that the laws established by the Leg
islature of the Territory of Kansas are, I'M
der the Constitution Of the United States,
null and void
Mr.. JoSEs - Certainly, will answer the
question. and think whit have already
said must make my opinion evident upon
that question. have SAID already that in
my opinion, the Constitution limits the pow
er of Congress to the extent OF prohibiting
IL either from establishing or obollshng
Slavery in the Territories. Admitting that
view to be correct, suppose 1t follows ms a
matter of course that the Constitution Of the
United States coniers upon the people OF the
Territory no rtghi 10 dispoSsess any man Of
his property, tohtther il be sldpe or any other
property and, therefore, the Legislative
Council Of a Territory, though they may
pass laws regulating the disposal and prolec-
ton Of property, have no right so to enact
or administer laws as so either to establish or
abolish the right to hold that property, whe-
ther slave or not, The Constitution recog-
nizes slaves as property, and sovereign
State alone can diveet 1t.
Mr. Cox--I understand the gentleman,
then, az saying that the laws of Kansas, so
far as the establishment of the right to pros
perty in saves is concerned, he asserts as
statesman and a lawyer are VOID. So far as
merely making rules and regulations for the
government of that property Is. concerned,
they have the right 10 make laws, but not to
establish the right Of ownership to such pro-
perry. understand the gentleman, how
ever, 10 say that by the Constitution of the
United States, Congress having no power
over the subject Of defining what is and
what is moi property, If stakeholder goes 10
the Territory Of Kanhus with his slaves, he
still holds them as property. and may claim
the right Of protection in that property.
Mr., JONES - Undoubtedly. The Govern.
ment recognizes az property what It finds
there as such recognized under the Consti-
tuition, having no power to say whether It is
or is not property. | think my friend from
Kentucky agrees with me there.
Mr.. Cox-Cenany do.
Mr.. JONEs Then he is sound thus far
was apprehensiye yesterday that he was
not perfectly sound upon that question.
1t will te observed that Jones takes the
ultra Slavocratic doctrine in its whole length .
and breadth and with all its consequences |
Slaves are recognized as property by the
Constitution, therefore slaves must be pro-
tected as property by the federal government
wherever they are found, until this property
Is Invested by a sovereign state. This doc
lrine opens all federal territory, that has
been OF may hereafter be acquired, TO slave
ry. This doctrine makes slave property an
established constitutional institution in all .
territory under federal jurisdiction, until d. /.
vested BY state Sovereignty. Slavery is the /
rule--Freedom the exception. Slavery is
naional--Freedom sectional The doctrine
of spuatter sovereignty then was humbug;
and thot pretenoe of the Northern Demo
Gratis, that the Nebraska bill "opened the
entire federal territory to Freedom" was an
outrageous frnud- That repeal removed the
prohibition against Slavery north of SO 80 +;
and Mr.. Jones now tells us that Slavery must
go here. Jones' statement, ii will be seen,
is based on the assertion that slaves are
property, aud 80 recognized by the Consti-
tuition. Now here we remark, and ask eve
ny reader 10 scrutinize il; thai SLAVES are moi
recognized as property By the Constitution,
ereept eOnditionaiiy, and by uIt,e Of STATE
sovereignty. In word, the assertion on
which the Slave Democratic creed is based,
lisa lie. The only clause of the Constitution
which by implication recognizes slaves as
property is Art. ~, sec. 2, last clause, in
these words
mo person held to service or labor in
one state, under he iatos thereof escaping in ,
to another, shall, in consequence Of any law
or regulation therein, be discharged from
such service or labor" &c.
Observe, LIST. The status Of slavery in
this clause is respectfully described as the re-
suit of The lai0s Of The State from phieh The
sidre escapes,not ss the result or an incident of
federal sovereignty slavery therefore does
not necessarily go with federal sovereignty
slavery not federal or national. Observe
I'd. that slaves who are held as property BY
the laws Of a sovereign state, are recognz-
ed by the Constitution as property in ano,h- |
er state only eOndifiOnoily condition be-
ing that of the slave escaping into an.