The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-01-15
THE CONSTITUTION AND SLAVERY IN THE
TERRITORIES OF THE UNITED STATES.
The Extreme Pro-Slayery Doctrine Examined.
Extract from a Speech Of
HON. ISRAEL WASHBURN.
OF Maine.
IN THE HOUSE OF REPRESENTATIVES.,
Dec6au54g- 10 IS5G

Mr.. Speaker, it is my chief cause Of quarrd
with the message, that il contains AN uu'4uivOcai
recognition of the extreme Southern doctrine that
the Constitution, &c Pralrto egore spreads SlA-
very over all the Territories Of the United States
The author of the message says that the people
OF tins country have asserted i'm the recent cleo
ton 4" the constitutional equality of each and all
OF the States Of the Union, rs States they have
affirmed the constitutional equality Of each and
all OF the citizens of the United States as citizens
whatever their religion. wherever their birth or
their residence; they have maintained the invio-
Liability of the constitutional rights of the differ
ent sections of the Union
When were these great anG obvious truths ever
disputed2 The Republican party, 80 the Presi-
dent must have learned from its platform, ana
from the declarations of its members commended
earnestly for the equality otthe States and of all
the citizens of the States, and for the maintenance
Of all their constitutional rights. They proclaimed
everywhere, during the canvass, as they declare
now, that the State OF South Carolina has, in all
respects, the same rights as the State OF MaSsa-
chusetts that the rights of the citizens of Virginia
and of New York are Identical that the former.
Us well as the latter, may remove into any Terri
tory OF the United States and when there should
be governed by the same laws. II is apparent that
this Interpretation OF the rights OF the States and
OF the citizens does 40, include the idea or prnci
pie which the President intended 70 cnunciate: for
with what propriety could he saw tina, that had
been asserted or settled which as not an Issue in
the election, and which had never been con-
trOverted since the foundation of the Govern
ment But, Mr.. Speaker, we all kuow-no one
has listened to the debates in this House during
the last three years who is not aware-that these
terms, equality Of the States, and equal
rights OF each and all he citizens Of the uited
States, are invariably used by Southern gentle
men as implying the constitutional existence Of
Slavery in the Territories, or as perphrases Of
that doctrine That these, or equivalent words
were used in this sense in the Cincinnati plat
form, will not be denied, nor will il be asserted
that they were employed in a different sense in
the extract which have read from the message.
! appeal to the House. and particularly TO South
ern members, for confirmation Of what I now
state. Will any gentleman deny that these terms
are understood to contain the dogma that slaves
may held under the authority Of the Constitution
in all the Territories of the United States2 II so
! shall be glad to hear him
The argument for this new Democratic dogma
is as follows The Constitution Of the United
States is the supreme law of the and 1t guaran-
ties equality of rights to All tle States and to all
the citizens Of the United States The Terri
tories are the common property of the General
Government or of the States, and belong as much
to the citizens of one State as to those OF an
other. Now, inasmuch as IL. citizens of sixteen
OF the States, when they remove 20 "a Territory
can hold and use therein a= property whatever
they owned and held as suah in the States from
which they emigrated, it follows that if tn, citi
zens OF the other fifteen States cannot hold and
use as property in the Territory whatever they
owned or might have owned and used as proper-
ty in those State by virtue of their laws. tbey
have not equal rights with the citizens Of the
sixteen States But, it is said. the Constitu-
ton OF the United States is the paramount law
before which all inconsistent and conflicting laws
must give way. 4 Territorial law or law of
Congress prohibiting the existence of Shaver, in
Territory, excludes therefrom the property of
citizens of nearly half of the States of The Union
OF tne tc'fstftutr1fi; ~a,res'
to all the citizens of all the States tbinlI I
have stated fairly the Soutnern-and since tho
CINCINNATI Convention | may say the Demo-
Cratc-PoSltion upon this question OF Slavery in
inc Territories. It IS the misfortune of tLese
aEery-eXtensionists, South and North that
their theory has no foundation TO rest upon Tho
constitutional underpinning does not fit the gu-
perstucturej it is "a "wo-ld too wide q, rye
thhat purpose
Inc argument from The equal rights OF the
states and OF the people OF the States is singularlv
!aiaclous and incOnSeue utial--indecd its soph-
lstry is too transparent 70 be respectable The
States and their citizens DO possess equal rights
III ana to the Territories and the laws Of the
territories must he sue as win resl,n.r tic RIGHTS
Cl ali alike Theyar taus respected when the
citizens thereof whetue- born .u the Territories
or emlgrants from free or slave States are placed
upon footing Of ab-o'ut, equality both In. -e-
spect TO personal rights and .C.ts 80 p.opeftv
ana when the same law cove as all \ Territory
IS political organization. and there must he
power somewhere to make laws rules. and rcgu-
latlOnS ..},
OF persons and property within is jurisdiction
lhls power IS in Congress, Ol In tue people of
the Territory. II must br 10 one or the other
1t IS primarily in Congress but may he deIePated
to the people Of the Terrific, Under the popular-
Sovereignty theory Of General Cass it isinhcrept
IN the people--at any rate il is and from neces-
slty must be, In the lawmaking power of thu
Territory, whether that be Congress y, tba local
Legislature. Ii is Simply ABSURD 10 say that this
power exists in the Legislatures of the tbirtvono
states, and that the law Of each, in respect 10
property shall be the law Of the Territory at
least so far as regards those vi It's citizens who
haYo remoYed thereto. The laws of the States
differ In reference to what is property I'm Gcor-
gla, black man may be property in Maine. Lo
cannot be- In Virginia there CO.. - 40 property
IN Dahk notes OF certain demon. nation while /
a MASSACHUSETTS, there may be. Which of these
laws are to be in effect in the Territory? Clearly
u
GEORGIA. Massachusetts, and re.r.a must take
the laws OF the Territory az they find them and /,
II they provide that there shall Ia no rragertv in
slaves or bank bills, the Shareholder rom Vir- /.
ginia and the billholder from Massachusetts must
allke submit; no injustice is d0nc 20 either and .
there Is no inequality
Since this doctrine, that slaves NAV he hold IN
the Territories under the Constitu'ica without
local law, and even against II, mas come to be the
centreI distinguishing doctrine OF The modern
democratic party, it concerns rs all in tue free
states to examine it carefully AID see a. ii be
indeed well founded-for IL il are s.upendous
issues. ConCede it to DC the true doctrine. and
Freedom is sectional. and Slavery ma
lonal; and the Government from being a Gov
eminent OF equal rights for the security of libe.-
y and the propagation Of Democrat, principles
becomes the possession and instrument Of an
'yershadowing oligarchy, for the extension and
'erpetuatlon OF the system ofchattel Slavery up
N the American continent. False and unsubstan-
ial as this doctrine is it is no part of wisdom for
hat reason to ignore its existence or importance
fear that we are not aware of The strength it
las gained IN the couGtTy--it is maintained by
eary every southern man in Congress and
here are but few Democrats from thu North who
enture to dispute it, 1t was promulgated in the
hnCinnau platform as one 81 tue tests of political
rthodoXy, and now we ar congratulated bv the
resident that it has been affirmed Nv the peonlc
j the recent election. j nusr he net, exposed
nd denounced,
| rejoice that something Of ,Eat work has al
eady been accomplished, and that the Republi-
ans of this day have the benefit of tho argu-
lents and authority of some 8fthe most infuen-
al and distinguished mci no have figured in
ne recent history of the e. 1;ry Two of them
re now members Of the American Senate and =
lough they may have modified the opinions :
hich | shall cause TO b. read am sure they "a
ever have and never will answer the arguments y
y which they were supported aad two are no
niger numbered with the living but though
cad their wnrLs sl1rrNe and their rrnrde cnnnL :. 2