The daily union., 1856-12-27

Squatter sovereignty is the nickname given the righ
OF the people 10 govern themselves 10y those who op
posed 10 their exercising IL Let US look at IL.
Under the Kansas bin and the constitution Of the United
States does not every upon this floor recognise in thu
Territory the right TO prescribe the qualification of voters
and the qualification for Officer Is there then higher
the line of demarcaton between the freeman the coequa
In sovereignty and the subject vass Is there aanct
with sovereignty in the power TO prescribe penalties fol-
crme-in taking away mans bte his liberty, and hit
propery2 Do not also recognise the right in the Ter
rtores pass laws respecting the relations of husband
and wife parent and child guardian and ward and laws
relative TO distribution and descen2 Do not all rec
ognse In the Territories the power through their egsa
tive assemblies TO levy taxes upon the peope Is there
nothing OF in these powersf seems that the
power only denied TO the Territory the question oil
slavery yet its exercise has been prohibited either by
the constitution or the laws Of Congress.
But sir lei take another view Of this clause Of the
Kansas II be the and settled construction
OF the constitution and that act that the people in the
Territory have power to introduce establish slavery
there during their territorial government ask, in The
of sense how is 10 get there What has
the South gained The Missouri Compromise of 1920 for
prohibited the existence OF slavery in the Territory
now comprehended within Kansas and Nebraska. True
the act OF 1864 for the organization OF those Territories
declares that act imperative and void for certain
al the time declaring that il is the true intent and
meaning OF that act egslate slavery into any State
or Territory TO exclude it thererom but TO leave the
people thereof perfectly free to form and regulate their
domestic institutions in their way subject only to the
constitution of the United States. To make still more
certain the intention of Congress- and the effect OF de-
claring the Missouri Compromise slavery prohibition OF
1920 imperative and void, it is further Provided that
nothing herein contained shall be construed revive
put in force any law regulation which may have ex
listed prior to the act OF 9Th March, 1920 1.-THE Missouri
prohibop either protecting, establishing prohibiting,
or abolishing slavery"
Congress in 1854 regarding the Missouri Compromise
prohibiting the existence of slavery In Kansas declared
that compromise imperative and void but exclude the
conclusion that slavery would thereby have legal exist
in that Territory it is declared in the act the true
intent and meaning OF those who passed IT. not to legslae
slavery into that Territory, nor to exclude II herefrom
and to make douby sure the Badger pro-
viso was incorporated into the act which forbde the rev
val or putting In force any law or regulation for the esao-
hment protection of slavery therein well knowing the
impossiby OF the existence OF the institution in the
absence OF laws for It's protection
If then, slavery excluded from Kansas by the Mis-
souri, Compromise and Congress did not intend and in
fact did not 80 repeal that compromise as 10 egislae sa-
very into the Territory and in express terms refused
to revive or put in force any law or regulation for
It's protection, how, ask, is the institution to have
legal existence in that Territory except by the ac-
ton of the people through their legisature2 Or
what has The South and the STAKEHOLDER gained by the
passage Of the acf Ny construction OF
the act and understanding OF the intentions those who
framed aud passed the Kansas Nebraska act was neilhe
to prohibit establish egslae slavery in the Ter
riory exclude IL herefrom, but TO remove all bar
rers and prohibitions OF the way Of the people of the
Territory leaving them free act majority should think
best and 10 establish prohibit slavery they should
determine With this understanding of the powers OF the
people the legislature OF Kansas passed
first session protecting Shareholders in the possession
enjoyment OF their property in slaves and in the absence
Of all laws the passage Of laws recognising and PROTECTING
slavery IS the establishing the Institution And thus
that slavery has legal existence in Kansas by The action
Of the legislature thereof Ths kuownothng ad YER
sares call squatter sovereignty which some OF them de-
nounce as worse than the backrepubcan doctrine of the
SOVEREIGN power of Congress Ar the government of the
Territory think II is the great principle OF the right Of
the people to govern hemeyee and under which slavery
has been introduced into, and exists in Kansas.
Mr. Speaker the issue is think plain one and easily
oomprehended There but two sides TO 1t the power
and duty Of Congress govern the Territories contendd
tor by the black republicans and nonnervenuon by Con-
gress in the domestic and institutions Of the Ter
rtores and the right Of the people therein TO form and
regulate their domestic institutions in their way, sub
cet only 70 the constitution Of the United States main.
tanned by the democratic party. To deny the power Of
Congress the subject and also the right Of the people
in the Territory, understand OF the know moth
ngs do is efectually 10 exclude southern from
the Territories with their property the blackrepubcan
prohibition In dlrecI terms.
These, sir, are my opinions. ] am aware that differ
with many Of my democratic friends to this abstract
question bat there Is thing which we all agree,
and that s thai II the people Of Territory have this right
under the constitution cannot and not disposed 10
deprive them oft and that IL they have the right
then cannot aud not disposed TO giva 10 them
The democratic party as n-rrsand stood in the recent
contest the great principle Of bodied
10 the territorial bills Of 1850 and 1854 We the demo-
cratic party agree this principle Whether Congress
has power or not II shall not exercise It Whether the
people have the power govern themselves or not Con-
gress shall not attempt to control them.
Mr. Speaker, once voted for proposition which does
smack little Of this thing called squatter sovereignty
The democratic party, particularly Of my section, with
the great Carolinian AT their head think voted for IT,
The people Of Oregon In s45 time before this gov.
ernment gave them any territorial organization adopted
what they called their organic provisional government
The first article section fourth Of that law is follows
There shall be neither slavery involuntary ssrvtude
in said Territory otherwise than Tor the punishment OF crime
whereof the party shall have been duly convicted"
After the conclusion Of the war with Mexico, and the
large acquisition Of territory from that country the sub
jec Of providing territorial governments for that scquis
tion and also for Oregon referred select commit
tee In the Senate composed Of eight senator's four from
the North and four FROM the South including Mr. Calhoun
That committee with great not entire upsnimty through
its chairman John NJ Clayton, Of Delaware reported bill
for the organza ion Of territorial governments In Oregon
California, and New Mexico, commonly called the Clay
ton Compromise That bill contained this provision
CSC H. That the existing laws In force In the Ter
rtory OF Oregon, under the authority OF the provisional
established by the people thereof shall continue
10 be valid and operative therein far the be
incompatible with the constitution and the provisions OF this
act for three months after the " meeting Of the legislature
10 said Territory subject, nevertheless TO be altered, mod
fsd repealed By the legislative assembly Of the said Ter
rory Of Oregon and the constitution and laws Of the
United hereby extended and declared be in
force In said Territory far the same provision
thereof, may be applicable"
Here was direct acknowledgment Of the right Of the
people Of Oregon govern themsevesto form and reg
ulae their domestic institutions In their own way sub
jecL Of course TO the constitution Of the United States
The people OF Oregon In their organic law, had pro-
hibed slavery; and this Senate bill approves and
continues in force those organic laws admitting the
right Of the territorial assembly OF Oregon TO alter modify
pr repeal the The bill passed the sspae and upon
the votethat Of ordering the bill be engrossed and
read third tme-the yeas were Mirtvthrse the na "A
tcsnfytwo Those who voted for the bill were Achson
and Beuton Of Missouri; Atherton OF New Hampshire;
and afn