Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-01-07

sage TO the Committee OF the Whole on the
Union, aud the printing of ten thousand copies
thereof delivered in the House of Representa-
tives, December 16, 1856
(cNEoLUDED)
But sir, let rs take another view Of this clause
Of the Kansas act. If it be the correct and set
tied construction Of the constitution and that act,
that the people in the Territory have no power to
introduce or establish slavery there during their
territorial government, ask, in the name Of COM
mon sense. how II is to get there2 What has the
South gained. The Missouri Compromise Of 1920
forever prohibited the existence Of slavery in the
Territory now comprehended within Kansas and
Nebraska True, the act OF 1854 for the orgsniza-
ton of those Territories declares that act nopers
tive and void for certain reasons; at the same time
declaring that It is the intent and meaning of
the act not TO legslse slavery into any State or
Territory, to exclude it tberefrom; but to leave
the people thereof perfectly free to form and reg
Uste their domestic institutions in their own way,
subject only to the constitution of the United
/ States. To make still more certain the intention
| Of Congress, and the effect OF declaring the Ms
souri, Compromise or slavery prohibition of 1920
imperative and void, it is further "PrOVided that
nothing herein contained shall be construed to re-
| vivs or put in force any law or regulation which
may have existed prior to the act of 9Th March
1920, the Missouri probbton,l either protecting,
establishing prohibiting, or sboishing slavery"
Congress in 1854, regarding the Missouri Com
promise prohibiting the existence Of slavery in
| Kansas, declared that compromise imperative and
| void; but, to exclude the conclusion that slavery
! would thereby have legal existence in that Ter
ritoTy, tits declared in the act the true intent
and meaning Of those Vho passed it, not to legis-
late slavery INTO that Territory, nor to exclude it
therefrom; and, as if to make assurances doubly
sure the Badger provisO was Incorporated into the
IL Il
any law or regulation for the establishment or
protection of slavery therein, we'll knowing the
utter impossbility of the existence of the nstitu-
ton in the absence Of laws for its DO eot;on.
! If then slavery was excluded from Kansas by
the Missouri Compromise, and Congress did not in
tend and, in fact, did not so repeal that compro-
mise as to legisate slavery into the Territory, and
IN express terms refused to revive or pat in force
any law or regulation for its protection how ask
is the institution to have a legal existence IN that
! Territory, except by the action of the people
through their legislature. Or what has the South
and the STAKEHOLDER gained by the passage Of the
| Kansas Nebraska act2 Ny construction of the act
and understanding of the intentions of those who
| framed and passed the Kansas Nebraska act was
uether to prohibit or establish, nor to legislate
slavery in the Territory, nor exclude it therefFom
but to remove al barriers and prohibitions out Of
the way OF the people Of the Territory, leaving
them free TO act "a a majority should think best
and to establish or prohibit slavery, IS they should
| determine With this understanding of the DOW
ers of the people there, the legislature of Kansas
passed laws at It's first session protecting slaveho
ders in the possession and enjoyment OF their prop
| erty il slaves and in the absence of all laws the
passage Of laws recognising and protecting slavery
is the establishing the inst utOn. And t1us it is
that slavery has legal exIs-elcs in Kansas by the
action of the legislature thereof Tnis our know
nothing sdverssries call sqUatter sovereignty,
which some of them deuouncs as worse than the
black republican doctrine Of the sovereign power
Of Congress for the Government of tae TER tory.
think it is the great principle of the right Of the
people to govern themselves, and under which sa.
very has been introduced into, and now exists in
Kansas.
Mr.. speaker, the issue is / think, plain one
and easily cOmpreheuded. There are but two sides
to it: the power and duty of Congress to govern
the Territories, as contended for by the black re-
pubhcans, and non Intervention by Congress IL
the domestic concerns aud iBstt ItiOns of the Ter
r;tOres, and the right Of the people therein TO form
and regulate their domestic institutions in their
own way, SUBJECT only to the constitution Of the
United States, as maintained by the democratic
party. To deny tie power Of Congress over the
subject, and also the right of the people in the
! Territory ss l understand some OF the know.noth
! ings 20 do, IS IS ehrClually to exclude southern
! men from the Territories with their property as
the blsCk-republCan prob bti9n in direct terms.
| These sir, are nv opinions. am aware that
/ differ with many Of my democratic friends as to
this abstract question; but there is one thirg on
which we al agree and that Is that if the people
OF a Territory have this right under the c0ustiu-
ton, we cannot and are not disposed to deprive
| them of it, and that if they have not the right
then we cannot and are not disposed to give il to
them. The democratic pa t., IS l understand stood
in the recent contest on the great principle of non
TrF. i-rb01rp1 ba 6
1850 and 1854 We of the democratic party
agree on this principle. Whether Congress has
/ power or not, II shall not exercise it. Whether
the people have the power to govern themselves
or not, Congress shl not attempt to control them
Mr.. Speaker, l once voted for proposition
which does smack little Of this thing called squat
| ter sovereignty. The democratic parry, psrliel-
larry of my section, with the great Car. Ii MA
their head, l think, voted for i, to. TIE people
! OF Oregon in l845, some time before this govern
ment gave them any territorial organization, adopt
! ed what they called their organic or provisional
! government
TIE first article, section fourth of that law is as
follows.
"Therc shall be neither slavery nor involuntary
servtule in said Territory, otherwise than for the
punishment Of cglme whereof the party shall have
been duy coDvic ed
Alter the n-luEon Of the war with Mexico.
and the large acquisition Of territory from that
cgun r., tie subject of providing territorial gov
ernments for that acquisition, aud also for Oregon
was referred TO 2 select committee in the Senate
composed Of eight senator's, four from the North |
and four from The South, including Mr. Calhoun !
That committee, with great if not entire unsnimi
ty, through its hartman John H. Clayton, of Del
aware, repore bill for the orgauizstion OF tel |
rItoral governments in Oregon, California, and |
New Mexico commonly called 1.-THE CLAYTON Com,
promise. That bill contained this provision:
sec. y Tia the XstIBg avs low 10 force in
the Terri Dry OI Oregon, under the authority Of
the provisional g5Vsrnm sut established by epeo-
PIE thereof shall continue to be valid aud opera
tive therein, so far as the same be 10. incompsti-
be with the constitution and the provisions of this
act, for three months after the first NEE. ing of the
legislature in SAID Territory; subj Ct nevertheless
to be altered, Modified or repealed By the legisa-
tive assembly OF the SAID Territory Of Oregon. and
the constitution aud laws Of the United States are
hereby extended over and declared to he in force
in said Territory, far the same, or any prJvi-
sion Thereof, may be applicable"
Here WIS a direct acknowledgment of the right
of the people o. Oregon to govern themsevss2to
form aud regulate their domestic institutions in
their own way, subject of course, to the constitu-
ton Of the United States. The people Of Oregon.
in their organic law, had prohibited slavery; and
this Senate bill approves and continues in force
those organic laws admitting the right Of the ter
rItou8l assembly of Oregon to alter, modify or
repea. the same. Tie bin passed the Senate; and
upon the test vote-thst Of ordering the bill TO be
ovI "A I'D 81, /