Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-12-18
Speech Of Hon. Henry r.. jackson, Of Sa.
Vnmmah, Georgia.

speech OF Hon. Henry R. JaeI1son, Of sa-
vannah, Georgia.
(E1TRAoTs.
At the commencement Of the last session Of Con-
gress the South occupied an enEiable position in
reference to her righis. After wandering through
I wilderness Of doubt and danger, where were en-.
countered ~ The idea that Congress eluld Ieeisffe
slavery Qua of a Territory; e the idea thas er-
rtoria legisa urs could DO that aei: AID 81 that
/ uudehntd and, il seems to me-, inde6uabe thing
called squatter sovereignty the country had 6nalv
/ come back 70 the constitution, ard all brauehas of
/ the government had united IN prOelaiming epusl
rightsi IN the Territories; that the s7uthern slave
holder hast he right, under the constitution 10 esrrv
his slave property into any Territory AMI there 20
hOdit as vested right, not 10 be diVested By con
gressonal legislation, nor territorial legislation nor
even BY the people themselves when they shall come
( 70 form State constitution
I This principle was hTss announced By a northern
man IN 1855, in the representative chambsr It was
! Hon. j. Clancy Jones, Of Peunsylvania, and beg
permission to read what fell from bis lips. AhOaoT
Ito him for III
''Mr Cox WIN the gentleman pardon me for ask
ing him another question: IdssTe TO know whether
the gentleman believes that the laws established bv
the Legislatures Of the Territory Of Kansas are
the constitution Of the United States, null aud
void?
"Mr Jonss Certainly I will answer the c,Ie.-
make my epinien evident upon that question: 1
have said already that, IN ny opinion, the constiiu-
tion limits the power Of Congress TO the extent Of
prohibiting them either from establishing or aboI-
ishing slavery in the Territory. Admitting that
view 10 be correct / suppose it follows as matter
OF course that the constitution Of the United ates
eonfers upon the people Of the Territory no right
to dispOssess any man Of bis right 70 properly
whether it be slave or any other properly. And
therefore, the legislative council Of the Territory
though they may pass laws regulating the disposal
and protection of properly have 10 right so 10 ad
minister those laws either to establish or abolish
the right to bold that property
Debates the organization Of the House Of
Representatives, Friday December q, 1850 See
Appendix to Congressional Globe, page 35.)
may remark, in passing that this gentieman. a
special friend Of the President % the United States
a marked eRject in the last canvass in Psnusyl
ia and was defeated by mad appeal 10 anii-south
ern prejadiees ard sectional passions and that the
President has conferred upon him the honorable
appointment of minister 10 Austria. Whs southern
man does not wish him God speed, as be goes upon
mission? What southern man will not hail with
still greater satisfaction, his return hereafter to the
councils Of the nation? [Cheers
subsequently 10 this, the same principle was af-
frmed by solemn decision Of the Supreme Court
Of the United States in the Dred Scott case which
must be familiar all. That decision was un-
doubtedly controlled by the democratic. elements
upon ln6 supreme Deucns IOfs- HnGu 3 political
question comes up in q court Of justice, political
thought must Of necessity control it. And l may
remark thai the South Ebly represented on that
bench. Two Of the justices Georgians by birth
One Of them, Judge Wayne, by years Of service,
has acquired a reputation known 70 the whole eoun-
Try. The other has been more recently appointed
but is possessed Of intellectual TOEer vastness
Of erudition, purity Of heart and a fTmness Of
purpose which enroll him among the very greatest
men Of the country. In Judge Campbell, Georgia
may be proud Of her son. Cheers Finally this
principle was announced to Congress BY President
Buchanan in his message Of 1867, hurting it. as be
did into the very face Of the Kansas agitstors.
"Sbould the constitution" said the President,
'.Withsut slavery, be adopted by the votes Of the
majority, the rights Of slaves in the Territory
are reserved The number OF these is very small but
If we're greater the provision would be eoua Il lust
aud reasonable Theslsves broughtinto the Ter
riory under the constitution Of the United States
and are now the property Of their masters. This
point has at length been finally decided by the
highest judicial tribunal Of the country and this
upon the plain principle that when a confederaoy
OF sovereign States acquire new territory at Their
joint expense, both equality and justice dem nd
that the citizens Of and all OF them shall have
the right to take into it whatsoever ia recognized as
property By the common constitution To have |
msrily oon6seated the property in slaves already
in the Territory Wsuld have been an act Of gross
Injustice and contrary TO the practice of the older
Csn il be denied that this is a great praetical |
right In the first place it isa constu iOnal ght
and all constitutional questions are practical qaes-
tiOBs The true position for the South 10 OceupE !
upon each aud all Of them is this. hat she will
never submit 10 persistent volation Of The consfi>
sutton of the United States She will appeal 10 I
reason first, but il reason does suffice When the
argument is exhausted, she win stand By her arms
Much eheeriBgl But apart from the sonstituti nat
eonsidera ion, is il not right Of the greatest prae
teal importaioe In eonEexion with Eha has already
been said in reference our manifest destiny
territorial expsRsiOu2 DOesit not become the heart
the life blood, the vital principle OF southern
rity and southern progress So fully bas this been
realized at the Nor h. THAI the leader Of The repub-
lican party, lWm.H Seward, in recent speech in Z
New York, has declared his conviction thai the pO-
loal contest now going on is for the extinction or
ex ension Of slavery throughout the Union; that /
sIsvery must either be abolished at the South or esab-
lished at the Norh, and the senator gives us TO uno
dersand that in the lste7 alternative be viii retire
TO foreign parts-a cOnsummation most deY1uily 10
be wished for LCheers.] he contends hat SO
completely is the democratic parry indoetrinafed 4
With the principle OF slavery extension, thaf to
prevent It's establs nent in the Staieof New York,
that party must bs permanently dlslodged from |
power.
iEirea tsEis great principle, thus eliminated by
thirty years Of constant conflict, should have taken
its place IL the democratic creed forever and thus
recognized by al brsnehes of the federal govern
ment the legislature, the executive, and above all /
the Judiciary, should have been permanently fixed
among those established principles Of construction
Which have grown mp around the constitution, aspe-
cies OF comments law quite as sacred the constitution
ITSELF it is painful 70 be compelled say that has
been once more hurled, and that By demOcraiic /
hand. into the arena Of political conflict, and has
been repudisted by the North in recent popular /
elections. distinguished leader Of the demoeraic /
distinguished a champion OF the rights Of
toe South and a defender Of Jhs oonsti uti0a-a
man whose name, II pronounced in this hall twelve
months ago, would have drawn out from a southern |
democratic audience shouts Of enthusiasts admira>
ton, has not hesiaied to join issue with the demo-
cratic party on this principle It is yet pain
full 10 say that this attack, thus made by Judge 1
Douglas, is far more dangerous than all the efforts
Of the republican party Of the North, because it is
at the same time more covert and more reTolutioI-
ary.
Jadge Douglas, sdmitting the validity Of the Dred
scJtt decision, aud the constitutional right Of the
- IL