Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-19

eXcluue II LQererO out 70 leaVe the peQfle s6fp1A
perfectly free TO form and regulate their domestic
institutions in their own way, subject only TO the
/ Constitution Of the United States" This amend
ment contains all the squser sovereignty that there
is in the act and Mr. Bell voted 70 put that amend
ment in the bill But this question Of squatter SOW
| reignty-one Of purely Judicial character and
never political 0nehas been emphaticaily decided
BY the Supreme Court Of the u. s. in the bred Scott
case The court in that determined that Congress
has no power to prohibit slavery in the Territories.
If Congress- has no power to do So Congress cannot
delegate that power to the Territorial Legislature
That decision says, ''if Congress itself cannot do
this (prOhibit slavery in the Territories, If it is
beyond the powers conferred on the federal govern
ment it will be admitted, presume that it could
not authorize Territorial government to exercise
them. 1t could confer no power on any local gov
eminent, established by its authority, violate the
/ provisions Of the constitution"
/ What says Mr. Ready on this subject? He was
then, and is now, the immediate Congressional rep
resentative OF the Senator from Williamson, (Mr.
McConnieo,) and has always received the warm sup
port Of that Senator. Mr. Ready in his speech upon
the Ksnses-Nebraska BILL says; cit is objected to
this bill that establishes ssuatter sovereignty by
which is meant the right OF the people, in their
ritorisl character, by their legislative council to
establish or prohibit slavery.
Whatever power Congress has under the constitu-
ton TO legisate for Territory may be conferred
on the Territorial Legislature have in previous
part of my argument shown, as believe, that Con
grees has no power 10 establish or prohibit slavery
in a state or Territory 1t follows, a necessary
conclusion that Congress cannot confer that power
on q Territorial Legislature; and the bill does not
purPort directly or indirectly 10 90 50. think
have fully answered the sqaater sovereignty argu
ment'
Thus spoke the representative from the William
son district whom my friend the Senator from Viii
hanson, has supported in every Congressional cleo
tion since the passage Of the Kansas bill aud yet
my friend is here harping on squatter sovereignty
What says Alr ZollcOtter, the representative from
the Davidson district who has always received the
warm support Of the Senator from Davidson Mr.
Goif.) He says, some think there is squatter sever
eighty in the b stili the large majority think with
me; and cannot consent to lose the chance Of re-
pealing the unjust act Of 1920 because some fancy
that they see squatter sovereignty in this bill.
Thus spoke the representative from the Davidson
district, whom my friend, the Senator from David
SON. has supported in every Congressional election
since the passage Of the Kansas bill; and yet my
friend is here hsrping squatter sovereignty. Mr.
ZOllicoer in that same speech declared: " II cannot
be that any portion of the South long cooper
ate with such deadly enemies Of our constitutional
rights, will compose the great body Of those who
will hereafter conduct the Northern movement and
manRuYers aganstth the bill" There are many other
refreshing extracts frem the speeches of Messrs
ZOllicOfer and Ready, that would be glad to read
for the benefit of my friends from Williamson and
Davidson, if time permitted l shall take occasion
hereafter to refer TO the resolutions Of Mr. Bell in
1850, during the tendency Of the Compromise mea
sures. Having shown that Mr. Bell voted to put in
the Kansas BILL all the squatter sovereignty that
there is in it, that there is in 1t than there
is in the constitution that the Supreme Court has
determined that neither Congress q Territorial
legislature prohibit slavery in the Territories,
the "sQuatter sovereignty" argument in justifea-
ton Of ar Bells vote falls to the ground. Having
furf 1ar an haf he ReDrpspUta-
tives from the Davidson and Williamson districts,
(Zolcofer and Ready,) advocated and voted for the
entire Kansas BILL and that those Representatives
have been twice endorsed by the Senators from Da-
wilson and Williamson, since they thus acted hold
that those Senators are thereby stopped from plead
ing squatter sovereignty in justification of Mr. Bell
Upon the Alien Suffrage question, our friends over
the Way-I dislike - call them Know Nothings, as
they do to relish the name, and If should
not call them American, 10 will net be from any dis
respect to them but simply because have too much
respect for my own party 10 denominate 1t anti !
American by giving to the other party the exclusive
use of the American name.
Mr. MC0NNICO. VIII the Senator from Hamilton /
tell what this party was called when ne belonged
10 it?
Mr. BURCH, Know Nothing, and nothing else, |
with great propriety and with )ut objection
1 was just going to say, Mr. Speaker that upon the
Alien Suffrage question our Know Nothing friends 4
ere even more unfortunate if possible, than upon i
he Squatter Sovereignty doctrine. l am sure that /
Mr. Bell will never place his defence of his vote upon
he ground that there was Alien Suffrage in the bill
The Kansas act requires that foreigner by birth
hall have declared on oath his intention to become
citizen Of the United States, and shall have taken
ath to support the Constitution and the provisions
# the act before he shall be entitled to vote in the
rst territorial election. The act then leaves the
rst territorial legislature to TX he subsequent
for voters.
In 1852 when the Compromise measures were be-
lg agltated MIR Bell introduced series Of resOlu-
ions into the Senate in which he declares q" that
be inhabitants Of any territory Of the United States,
7hen they shall be authorized by Congress to form
State Constitution, shall have the sole and eIeliUe
over to regulate and adjust all questions Of inter
al State policy Of whatever nature they may be, -
IbJect only 10 the Constitution Of the United States
Ir Bell in 1850 thought that the inhabitants Of
srritory, when authorized by Congress to form a
tate Constitution, had the power TO regulate and
dust the question Of slavery. He did not cOnfne
lis power 70 native and naturahZed citizens, and |
those who had declared their intention to become
tiZens, and taken an oath TO support the COnstltu-
on. No. His resolutions declare that the inhab-
ants of a territory, whether naturalized or not,
neither they have declared their intentions 10 be-
,me citizens or not, whether they have taken an
18th to support the Constitution not should be per-
lifted to vote not only in the first territorial election,
ut ALSO that when they come to form a State
onstitution these inhabitants have the sole and ex
usiye powertO regulate and adjust all questions of
ternal State policy. If the inhabitants Of terri
ry have tie sole and exclusive power to regulate ;
lsstions Of internal policy, when they come to form
Constitution, then Congress cannot prevent an
len inbabiant from participating in the regulation
Id adjustment Of all questions Of internal policy
hen the inhabitants Of the territory called upon
form State Constitution. If this doctrine Of Z
T Bell be true, Congress has no right no power to
'event Alien Suffrage in its worst form. And yet, !
T Bells friends upon this fOorseemto De fastidIOus
the Alien Suffrage doctrine.
Again, in 1850 Mr. Bell voted for the bill provi-
ng for the survey Of the public lands in Oregon,
I'd making donations to settlers Of said lands; r.
hch provided in the fourth section that not only 4
ch foreigners were then in the Territory, but =
" who would come from Europe in eighteen months =
ON the passage of the bill who we're above eighteen
aTs Of age, and would declare their intentions to ii
come citizens, should be entitled if single to 800
res of land and to $40 acres if married the title
be perfected when they were naturalized. The / z
DIVISIONS Of this section applied not only to white
rsons, but ha breed indians The fifth section of il
e bill guarantees to all ''pers9ns'' who would ),
Migrate to the territory from any portion Of the a
obe and declare their intention to become citizens n
any time within three years from the passage of =
act, 100 acres Of land if single, and 800 acres if
arried. In March, 1853 Mr. Bell voted for the e.
ashington territorial bill, from which the alien -
frage clause in the Kansas act is literally copied. -
81
nth shows a disposition to exclude these aliens :,
til they become naturalzed citizens, when we
ow that some half a million flowing Ia upon m
every year, and that these new territories, and Ia
only these but every other territory in the north N
ST. Is soon to be filled up with this class Of popu If
ion, why should the South implant hostile feel 40
in the bosom Of whole districts Of these German m
migrants, to say nothing Of the Irish who are ~
ely to go into these territories" But cur oppO- ~
nts reply to this quotation by saying that Mr.. he
Il voted for the Clayton amendment, which pro- NJ
oited any but citizens from voting in the territory 81
ue, but judging from what he says of the effect of
principle contained in that amendment, must bs
include that he voted for that amendment for the ~
ne reason given by the Senator from Davidson for in
(Mr. Belts) voting for the amendment repeating to-
Missouri Compromise, ''to defeat the bill by on
ting on an obnoxious amendment" But that ga
IRE may be no doubt as to Mr.. Bells views upon of
alien suffrage clause of the Kansas bill, quote 10,
ain from his speech Of May "A, 1854: -
q mean to say that if honorable Senators. and IN
use from the South particularly have made up tn
III minds TO vote for the bill whether the CLAYTON 81
endment is attached to the bill or not, consider 5a
mpOitc to attach this amendment Can language -,
stronger or cleaTerf If you have made up your -
lds to vote for the bill with without the CLAW ~
amendment, l consider it impOltic to attach ~,