The Yazoo Democrat., 1858-10-02
THE POWER OF THE LEGISLATURE IN OUR
TERRITORIES.

1t will be remembered that Douglas was
charged with advocating Squatter Sover-
eignty, in his Freeport speech, wherein be
takes the ground that the Territories may
exclude slavery by refusing to pass laws for
the protection Of that institution.
This charge is fully sustained by the fol-
lowing able article from the Charleston Mer-
curry: 1t is strong, pitby and comprehen>
sive, embracing the whole argument on the
question.
The Dred Scott decision determined that
the Southern people had a right to colonize
our Territories with their slaves-an1 that
their slaves, like any other property, were
entitled to protection in our territories.
But, it has been said, slave property, to
exist as property in Territory, requires
special legislation by Territorial Legisla-
ture If. therefore, Territorial Legislature
being, by majority, abolitonists, should
not think proper to pass the special laws
necessary for the protection of slavery. il
must expire.
The answer to this position is very simple
1t is based on false assumption of fact
, 1t is nos necessary for the existence of sla
very in Territory. that there should b.
special laws passed for IT'S protection. Slave
are property just as any other subject O
property. The courts of che United State
-. in Territory have only to administer tn
laws protecting all other property, IN thci
: application to slaves, and theprotection wi
. be sufficient. For instance, it is felony {
: steal horse or a watch. Let the same la'
= : be applied to stealing slave. 1t is erin
- iual offence to beat cruelty or to kill wantor
- ly any animal. Let the same be applied t
II the protection Of the slave. If man kee
!" and uses his neighbor's animals, he is amer
ID able to damages, and so would he be in hal
N boring slave. All the Judges of Terr
Is tory are appointed by the President of tt
to United States, by and with the consent
ok the Senate, and not by the people or II
ed Legislature of Territory. If Territori
to Legislature should pass laws prohibiting
to aboIishing slavery in Territory, the Cour
lie in Territory would declare them void.
they should pass laws declaring that IL
,v laws protecting all other kinds of proper
no should not protect slavery, they would
4 set aside by the judiciary. As long as
y Territory is Territory, slavery under tt
: Constitution of the United States must
- protected as property, and the Courts Of Il
% e Territory, under the appointment and col
!. rjl of the head Of the Federal Government
must enforce the protection, if the decree
=. - the Supreme Court ofthe United States
y enforced. When Territorial governme
:, is organized in Territory, all the principl
:, =, of the common law are either put in force
- =, the aotcreating the government ola Territ
~ /" ry, or they enter the Territory with our cit
- zens propria vigOre; and thus our citizeI
enter IA territory with all the guarantees f
= - the protection of persons and property whit
- - they enjoyed in the States. These are al
=" ply sufficient for the protection Of slavery
aud all arguments going to show the omniE
otence ofsquatter sovereignty, either by a
Of tion or nOn>action over slaveryin Territ
ut ry, are false. The subject, however. is b.
to of little present Importance to the Southel
to people, inasmuch as they are elected fro
all the Territories Of the United States