Arkansas true Democrat., 1859-04-13
Slavery in the Territories.

Ne give portion of the speech of Senator Brown of Mississippi, on the subject of pro- lection of slave property in the territories. No southron but will admire the boldness with which he grapples the subject. There is no feeling of the public pulse, no stop ping to watch the tide, no reservations, but he puts upon record decided expression. We give it, that our readers may have an opportunity to hear this as well as other sides of the question.
 Mr. BROWN. I say, sir, neither want to cheat nor to be cheated, and there fore it is that l am free to state to gentle men where l stand, and where the people whom l represent stand, and then 1 shall be very glad to hear from other gentlemen as to where they stand.
 Mir. President, the supreme court of the United States decided in the celebrated Dred Scott case, that slaves were property, and that shareholders had the same right to carry their slave property to the territo- rles that any other citizen from any other State, had to carry any other kind of pro- pelty. The venerable chief justice declar- ed further, that the whole duty of this go- vernment towards slave property was to protect it. It therefore stands as the judi clal exposition of the constitution under which we live, that slaves are property; that we have the right to take them to the territories, and have them protected after we get them there. If the decision means anything at all, 1t means that. Now, sir, | by protection, if the word be. not a cheat and delusion, we understand adequate pro- lection, su3fcjent protection.
 Mi. CHANDLER. Will the Senator | permit me 10 a>l, him a question?
 MT. BROWN. Yes, sir.
 Mir. CHANDLER 1 wish to ask the Senator from Mississippi, whether, if slaves are property under the constitution, he does not deem that they are protected wherever 1 that constitution exists, in states as well as in territories?
 M. BROWN. I will come to that They are protected; but 1 will show the | Senator that the mere naked constitution does not afford that adequate protection which the nature and description of the pro- perty requires. The constitution of itself maiicd by legislation, can no more protect slave property than it will protect any other species of property. Your ships upon the high seas are entitled to protection under the constitution; but you aid your consti- tutlon by statutory enactnentS, and, with out that aid, the protection would not be efficient or effective. What 1 claim, and what the southern States will claim, upon this question, l will state in the spirit ot the utmost trankness.
 The judicial decision being such as I have described it.. we shall claim for oul slave property protection in the territories As 1 said before, by protection, we mean adequate rotection-protection suited to the nature and description of property to be protected. We all know that a law which would protect inanimate property would not, in all cases be sufficient to pro- tect animate property; that is, a law which might give very adequate and sufficient pro- | tectlon to wagon, might not give the same sort of protection to horse Then, l ii you superadd to the animate property the power of reason, your law again must be adapted to that kind of property. Now, the slave partakes of all of these qualities, the inanimate, the animate, and, adding the power of reason, your law must be adapt ed to the nature of the thing l mean to be understood on this question. The con stltutlon never gave us rights and denied us the means of protecting and defending those rights. The supreme court having decided that we have the right to carry oUl | slaves into the territories, and necessarily to have them protected after we get them there they virtually decided that we have right to call upon somebody to give us that protection, and to make 1t adequate to suit 1t to the nature, character and de- scrlptlon of the property to be protected
 Now, sir, upon whom are we to call? According to the doctrine of non-interven- ton our first call is upon the territorial le- glslature. l should, therefore go to the territorial legislature of Kansas, for in- stance, and say: here is my slave pro- perty; 1 demand for it protection, adequate and sufficient protection; protection suited to the nature, character, and description o1 the property" If the territorial legisla- ture refuse, then what am I to do? Am at that point, to abandon my rights rights guarantled to me by the constitution. by the constitution as expounded by the su prene court? Am l, because Congress has chosen to adopt what it pleases to term a party compromise, to abandon my constitu tlonal rights? No, sir; when the telrito. rial legislature refuses protection for my slave property, mean to come to Congress, and this will be my speech to you, !" Sena- tors: this territorial legislature is your crea ture. You breathed it into existence; il could not live ar hour but under the sun shine of your approval; I come to tell you that your creature is not obcying the con stitutlon; that your creature Is denying to me rights guarantied to me by the sacred charter of our liberties as expounded by the highest judicial tribunal in the land your creature denies me protection for my slave property; ] come to ask you, the mas ter whether you will grant me that pro- tection;" and 1 am curious to know, in view of the approaching contest, what re- sponse am to have to that speech. know perfectly we'll that the territorial le gislatue of Kansas will deny protection for my property. However, or by what influence prompted to make the declaration they will declare, as they have within tht last three weeks, that they will not onl, afford no protection; but that they vii withdraw protection, as far as they can and substitute unfriendly Legislation in it, stead. Is 1t expected of me and nay peo pie that we are to fold this injustice to ou, bosoms, and cherish 1t, because it come, stamped, accept this, or break up the de mocratic party'
 ask northern gentlemen whether the, would be quite content, under the same sor of compromise between conflicting element Tn party. to have their right to call upo1 thls government to protect their mercantile marine frittered away Your ships go ou upon the high seas, they are assaulted by enemies, attacked by pirates, and what dc you do? If the law be insufficient, yor come to Congress and invoke it's aid- When you ask that, would you be content Senators from the north, to be told, !" wC | hayp atrraal tn -infaryanfiDn m tb,