Daily national Democrat., 1859-04-03
Mr.. MASON. Does it not require sovereign

sovereignty 10 make q constitution than tt
5 make n law; not bit more.
Mr.. Mason. If it requires sovereign now.
er to make any law, can law be made h,
the inhabitants of Territory bv virtue q
their sovereignty or does it require power
derived from Congress to enable them to
make any law
Mr. PueH That will depend upon the re
lntion in which you consider the law, A.
between themselves, their own laws are val
id; perfectly SO. I do not suppose the ones-
tion could he made in reference to the case
of California; think she had territorial
government Of her own, ora military govern
ment: and certainly there was no warrant for
it in the Constitution.
Mr. BAYARD. Will the honorable Senator
allow me.
Mr. PuGH. Certainly.
Mr. BAYARD. | merely wish to understand
the Senator's argument | desire to know
whether he means that, under the Con.t titu.
tion of the United States, when YOU organize
a Territory, the people Of that Territory cx-
ercise delegated powers through the Legis
lnture, or have they Inherent rights over and
above whata granted by the act?
Mr. PUGH. | was coming to that. | say
that it needs no sovereignty whatever to ex.
clude or establish slavery in Territory or a
! state; that it is an act Of ordinary legislation.
Senators tell me that the Territorial Legisla
lures are the creatures of Congress In what
| sense? Because Congress passes the act au-
thorising the people to elect them? Does
that make the Legislature, thus elected bv
the people. the creature of Congress? Then
what do you say to the constitution of Min
nesota; what do you say to the convention
forming the constitution of Minnesota? Did
| you not authorise that convention to be elect
ed? Yes, sir: and when they were elected
they took their power from the people. a
| power which you could not give them You
merely agreed that. so far as you were con
eerned they should proceed by the voice of
the people to exercise the whole authority of
any organized community; and l say that
the people of the Territories do not derive
their right of representation in the Legisla-
ture from you.
Gentlemen speak of the rights of the South
in the Territories? What are her rights. or
the rights of the North, in the Territories /?
People who do not go to the Territories have
no rights there at all, except to see that their
land is not abused. The Senator from Mis-.
sissippi says there are no people in the Terri
tories they are only inhabitants. Well,
should like to know what the people can be
except inhabitants He certainly does not
mean to maintain that those who are not in
habitants are the people. No, sir; it is the
right of self government; you may cover it
with nick-names as much as YOU please
Congress has said to these people, you are
community, with interests of your own. do
mestic rights of your own; for your own
peace, liberty, and security, we relnquish
to you your inherent right of self govern
ment, subject only to these conditions which
we specify in the organic act Your organic
act is not an enabling act to the Territories;
it is restraining act. We restrain YOU
within these limits; but as for all the rest, SO
far from protesting to confer on you any
rights, take the right which the people have
everywhere, unless restrained by tyrants, the
right Of selfgovernment.
Now, sir, what is the mighty right that
the Senator from Virginia says the southern
Democracy are going to fight for2 1t is the
right of one man in the State of Virginia to
go into the Territory of Kansas, with her
ninetytwo or ninety thousand inhabitants,
all of whom are of one opinion-their author.
itics. their Legislature, all consider that the
presence ofs!aves is injurious to them; but
in order that this one gentleman from the
State of Virginia, who has not aided to re.
claim the wilderness, who has undergone
none of the perils of frontier life, may enjoy
his sacred right of carrying his negro there
against the will of every body else, the Sena-
tor from Virginia, and both the Senators from
Mississippi notify us that they intend to leave
the Union. carrying flags and banners and
music Well. sir, if they choose to 20 on so
small provocation as that, | do not think
lta ITftfA !,
Sir, 1t Is an attempt TO press upon the people
of the Territories the laws of the States from
which they come DO they all carry the
laws Of their States ? If the law of Virginia
goes into Kansas with the citizens of Virginia
in order to protect their slaves, does the law
of my state go with the citizens of Ohio, and
the law of Indiana with the citizens of lndi
ana. and The law of Oregon with the citizens
of Oregon? How many laws VIII YOU have
in your Territories Why sir, every man
viii literally be ii law To himself The laws
OF Virginia cannot 20 there unless the laws
ot every other state 90, aud thus YOU estab-
lish kind of organized anarchy in every one
of your Territories
Sir all this is II vast piece Of special plead
ing, eked cut 10y tictions of history, by prop
O>itlOns of law that cannot be maintained for
AN instant, toy assertions as to what constitu-
tluns give, and by assertions as to what
courts have decided, to build up doctrine
that Is offensive TO the pride and self respect
OF every lien % the non slavehuiding States
| will give you equality Of rights, bat | will
have equality. You shall not carry the laws
of your state into the Territories. unless YOU
allow me to carry the laws of my State there
| agree that the laws of neither shall 20
there Let the people Of the Territories bv
themselves, through their own immediate
representatives,, chosen 10y the people respon.
sibe to them, decide the whole question.
will agree that the Federal Government shall
not interfere on either side by act or word,
that it shall be left entirely to the people
whose interest is concerned during their ter
ritorial form; and when they come to form
their constitution and State government
whatever they say on that suhiuct be it to
exclude or to tolerate slavery they shall have
my vote 50 long as | sit in this Chamber with
out any hesitation. But when you tell me
that there is a negro sovereignty extending
over all the Territories that there is u peeu-
liar species of property which no law can re-
strain, which no government can put down
or regulate, but which goes by force of the
CJnstitution-as if the Constitution instead
of being made for the benefit of the people
was i'aue ior the speclal aB5rhnulAehent OF
negro owners-and which is to prevail ev-
erywhere and to overawe and strike down
the right of self government of white men,
either in States or Territories, l tell you you
have perverted the whole foundation of your
Government.
Now, sir, hope, at least for one, that the
Senator from Mississippi understands my po-
sition distinctly. | tell him | will vote for
no code, no act of Congress to interfere with
tho local 1a,r; = ,t;on Of tho ovol,,