The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-04-28
From the Mississippian and State Gazette, April 13
THE RIGHT TO PROTECTION.

Not more clear is the doctrine that the flag
OF the Union is guarantee of protection to the
persons and property of American citizens on
the high seas, than that the property, slave or
otherwise, of the South, is entitled to protection
in the Territories while they are under the CON
troll of the Federal Government.
The States have common right to the en-
joyment of all the benefits ACQUIRING from the
acquisition and possession of territory by the
Federal head. They stand as equals in the
eye of the Constitution. A prime object of
the trainers of the compact was to Establish
justice; it is so nominated in the bond, and it
is declared that nothing in the Constitution
shall be so construed as to prejudice any
claims OF the United States, or Of any particu-
lar State"
Missisissipp and Massachusetts (pardon the
association, even for illustrations sake) have
alhe delegated to the Federal Government the
power to secure them in the enjoyment of their
rights respectively, wherever its jurisdiction ex-
tends, and where theirs ceases. Hence, when a
Territorial Legislature, travelling outside of it's
legitimate sphere of authority, presumes to say
to Massachusetts,, your citizens shall not come
hlther with their peculiar kind of property, it
does not become Massachusetts to march her
own armies into the Territory to enforce her
nights, hut to demand protection of the Gov
ernnent tic ageat created by the States to
perform this service. And so when the rights
OF Mississippi in the Territories are invaded
when the privilege of occupancy by her citizens.
with whatever property they choose to carry
Nth them, is denied-it is her duty to claim
the intervention of the same Federal head in
their behalf It is only when the agent fails to
perform its appropriate functions, that it be.
comes the outraged State to assert its sover-
eighty and provide for itself a remedy
This doctrine is so clearly just, and so mani
testify in accordance with the letter and spirit
of the Constitution, and the objects contem-
plated by its trainers, that we are amazed that
any attempt has been made to controvert it.
If, then, it be the doctrine of the Constitu-
ton, it is the doctrine of the Democratic party.
We have not comprehended the object of this
party Alright, if it is not to administer the Gov
eminent in accordance with the teachings of
that instrument With this firm conviction, we
have labored for its success, and followed its
flag wherever its colorS have been displayed.
The attempt which is made to identify the
power of Congress to prohibit the extension of
Slavery into the Territories, with the power to
protect 1t, Is a refuge from the force of an If.
reslstbie fact 80 pitlful that it does not merit
the consideration of a refutaton. The great
object OF Government is to protect the citizen
IN his person and property; not to destroy.
We have never yet assumed that the Cincin-
natl platform does not cover the ground here
maintained. Certainly it does not even by i'm.
plication deny it. There are some facts so self
evident, that they are presumed to be admitted
by all and so with the proposition that the
property OF the citizens of the several States is
entitled to the protection of the Federal Gov
eminent wherever its authority extends Upon
| ouh
the following views of the Richmond Euouirer
" But, while counseling unity and harmony.
Virginia is not unmindful of the great questions
that are get unsettled with regard to Slavery in
the Territories. Virginia sees, that though the
| Constitution recognises and the Supreme Court
| suStalns her right to carry slaves into a Terri.
| tory, yet she also remembers what JUDGE DONG.
las so pointedly brought to light in Illinois
that this right may be rendered null and void
| by the non-action of the Territorial Legislature
While Virginia recognises no power that car
compel Territorial Legislature to enact those
laws necessary to protect the constitutional
rights Of shareholders, yet she does hold that
Congress has the right, and is in duty bosnd
to protect Slare'y in the Territories until tn,
people Of Territory, ichen on the eue of form
ing State Government, may decide the questio,
finally for the future State.
| Inc question Is one uOOCe me platforms o
parties, and must be met and decided, con
stitutionally in favor of protection, or uncon
stitutionally against it. 1t cannot and mus
not be compromised; If the Cincinnati plat
form does not proeide for this question, IL mus
be made TO meet this issue.
This question of protection to Slavery in tn
| Territories will have to be met, and the Soutl
will demand her constitutional rights; thes
rights are recognised in the Constitution, assert
ed in the Kansas ebraska bill, admitted by tn
Cincinnati platform, and have been sanctione
and adjudicated by the Supreme Court and
with this array of authority, the South wi
demand the legislation necessary to rende
valid the rights so amply recognised by tn
party the country, the Congress, the Suprem
Court, and the Constitution.
1.-The right to reclaim fugitive slaves wa
given by the Constitution. The Northern State
refused to legislate for the practical enforce
ment of this constitutional right and Congress
was compelled to provide the legislation nece
sary to the usefulness of this provision So
it with regard to Slavery in the Territorie
There is no power to coerce Territorial Leg
lature to do its constitutional duty, and Coz
gress must supply the legislation withheld
the derelict Territory,
Intervention for protection is a fnndamenti
principle with the South; and wiser nor be
ter remark never fell from Governor Wise, tina
t the following extract from the Illinois letter :
"'Protectton, in the Territories and erer.
|; sohers, TO all rights of person and of propert