The Yazoo Democrat., 1858-10-30
DOUGLAS, DAVIS, AND sQUATTER SovER
EIGHTY,


What mixture And yet there are not want
ing persons who argue that these three potica
elements snugy pig together, heads and tails, il
the same bed. For instance, the Mobile Register
sound, reliable exponent of good Democracy
accuses JEFF, Davis ofa 'grave error" and pOtica
"heresy," and bases such "graye" accusation Of
the following extract of q speech lately made b,
Mr.. Davis at Augusta, in the State Of Maine
to-wit:
''If the inhabitants of any territory SHOULD
refuse to enact such laws and police regulation
as would give security to their property or Il
his 1.-THE slaveholder'sl it would be rendered more
or less valueless, in proportion to the dficult,
Of holding it without such protection. In tn,
case Of property in the labor Of man, or what i
usually called slave property, the insecurit,
would be 50 great that the owner could mo-
ordinarily retain it Therefore, though the righ
would remain, the remedy being withheld, i
would follow that the owner would be practically
debarred by the circumstances of the case, from
taking save property into territory where thu
sense of the Inhabitants we're opposed to it
iRtYoductiOn."
We confess that this does not read exactly Il
suit us. 1t smacks little too much of Northern
sentiment for this latitude, we opine. The fac
is, this doctrine sounds little strange in oul
ears, coming as it does from source at once sc
distinguished in itself, and Southern in its pro-
cliyities Let us compare the above languag
with that of Mr.. Douglas on the same subject
for it is of no use to mince matters with mel
when great principles are involved in discussion
nd in 1af
used this language, to-wit;
''Slayery cannot exist day or an hour any.
where, unless supported by local police regula
tions, furnishing remedies and means of enforcing
the right TO hold slaves. Those local and police
regulations can only be furnished by the Legisa-
ture. II the people of the Territory are opposed
to slavery they will elect members to the Legis
lature who will adopt unfricndly legislation tC
it. If they are for it they will adopt Legislative
measures friendly to slavery. Hence, no matter
lytGt may be the decision of tie Supreme Court on
that abstract question, still the right Of people tC
make a slave territory free territory is per.
feet and complete under the Nebraska Bill"
This language is full, thorough and conclusive.
1t is Squatier Sovereignty in its most despicable
shape. Is this the fruit of the Nebraska Bill
If sor it is bitter indeed. The Democracy of the
South never interpreted it in this way. They
gave an honest construction of it at Cincinnati,
in June, S56, in the following resolution
ResoIped, That we recognize the right of the
people of all the Territories, including Kansas
and Nebraska, acting through the legally aud
fairly express ed will of a majority of actual
residents. and whenever the number Of inbabit-
ants iustfes it, to form constitution tcth aUth
out sldcery, and be admitted into the Union upon
terms of perfect equality with the other States, "
The Democratic party made the Presidential
canvas on this resolution, and elected Mr. Buch-
Ansn, and neither Mr.. Douglas nor Mr.. Davis, du.
ring that contest, in their speeches and letters,
ever assumed different ground than that contained
in it. 1t was always understood, universally
admitted, and never denied, !" that no power und'r
heaven, save the people in their sovereign capac-
ity, could, by unfriendly legislation" "Oppres-
sive police laws" or in any other way, except BY
y clause in their State Constitution, prohibit or
GENEROUSLY oppress slavery in the Terri tories
This was the true position in 1856, and it had
been long taken before the Supreme Court of the
United States came to its support, in the use Of
the following language in the Dred Scott decision,
viz:
If Congress itself cannot do this Tprohibit
slavery in Territory l-if it is beyond the pow
ers conferred on the federal government-u WM
be admitted, we preSunle that could not authorize
Territorial government to exercise them. II could
confer no Power on any local government, es
ta6tshed By its authority, TO vIoLGts the provisions
Of tie Constitution.
And if the Constitution recognizes the right of
~ tho,
distinction between that description of property
and other property owned by citizen, no tribu
nal, acting under the authority of the United States,
'ohether Legislature, executive or Judicial has right
10 drGW such distinction, deny to it the benefit Of
he provisions and guarantees which havc been provi
ded for the protection Of private property against the
sHerodehmeHts Of the government
We think, therefore, that the Register is right
in stigmatizing this idea of the power of terri
torial legislature to crush out slavery in terri
tory by unfriendly police legislation" as a
-'grave error" and "heresy."
The legislature of territory has no right to
1egislate unfriendy to one species of property and
friendly to another. The territories are the com
mon property of the States. The federal Consti-
tuition guarantees to the citizen in the Territory
the same protection to his property that the State
Constitution did from under which he moved it.
No discrimination in territorial legislation con-
cerning protection of property is allowed, The
Courts of Territory are established by Congress.
Kansas has three: Supreme, District and Pro-
bate Court, and appeals from these tribunals lie
to the Supreme Court of the United States. If
the territorial legislature should GENEROUSLY taE
slave property, these Courts--the Judges of
which are appointed by the President and Senate
would be compelled to declare the law unconsti-
tutional and void. They cannot make fish of one
species Of property and flesh of another. A
Mississippian is entitled to the same protection
for his slave aS the Indianian for his horse We
conclude with some remarks from the Register on
the subject;
We maintain that, under the segs of the Dred
Scott decision, the rights Of the shareholders to
carry their institutions into the Territories are
fully and compstently guaranteed, practically as
well theoretically. by the force Of that decis-
ION, all the powers of the federal Government are
practically brought TO bear to sustain slavery IN
the Territories against the effect Of any denial Of
local legislation in support Of it. II the Terrific
rial Legislatures refuse any necessary local lcgis
latOn to secure slave property in the Territories,