The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-01-27


dorse the Kansas-Nebraska bl2 They will rather
promote him to high Office in the Democratic army.
| An AbolitionIst, or a man who has been an Abb
olhionist can get into it, if he will endorse the
Kansas-Nebraska bill. My friend at the right
Mr.. HAMLIN] says that many of the New Eng
land Abolitionists are in it now. l could not
name them all, or all the distinguished ones.
believe the late Attorney General of the United
States was distinguished example of that class
and we have many distinguished examples here,
of persons who were Wings, now in full COM
munion in the Democratic church.
The so-called Democratic party in Illinois, the
"Free-Soil Democracy" as the Senator from
Georgia describes it, is not made up exclusively
/ of old Democrats. If there had not been some
old Wings and some old Know Nothings in that
party, the triumph of the distinguished Senator
from illinois," of which he spoke, would never
have occurred. No, sir; there enough Know
Nothings and Wings in the Illinois Legislature
to have changed the result; and although there
are many Wings in the Republican party in Hill
nois, there many Democrats in it, 1t is made
up of both; large numbers, am happy to say,
of both, constituting q decided majority OF the
| people jof the State and the Democratic party,
so-called, not only in that State, but in all the
Northern States, and the Southern States, too, Is
made up largely of old Wings.
The reproach sought to be cast on the Repub-
lican party, by representing it but an Abolition
| Wing party, cannot be sustained by the facts In
relation to the organization of the party as 1t at
present exists What has become of the old
Wing party of the South, which once carried
many States Is it not affiliated with and in
corporated into the party with which the Sena-
tor acts A? ] need not go any further than his
own distinguished colleague, Mr.. ToOMBs, TO
show him that he does not abhor altogether af-
6liation with Wings, or men who were once
| Wings.
| D,,t tba a1ad 70
the doctrines of the party in Illinois, and he spoke
of the Republican party as denying right which
the South is entitled to-the right to take slaves
into the Territories of the United States, the
| common property of the Union. We do deny
that the South has any such right. We deny
that the Republican party makes any discrimi-
nation between the citizens of slave States and
citizens of free States as to their rights in the
| Territories. We deny that it advocates any doc
trine leading to an inequality between the States
| We would give to the citizen of Georgia the same
rights in Kansas that we claim for the citizen
of Illinois but we give him none other We
deny.to the citizen of Illinois the right to intro
duce Slavery into Kansas; we deny that right to
the citizen of Georgia. They equal
footing We deny to the citizen of Illinois the
! right 10 take the laws of Illinois to Kansas.
BY the laws of that State, females are of full
and lawful age to act for themselves at eighteen
years. We deny that female taken to Kansas
by her parents has right to avail herself of this
Illinois law, and assert the rights of an adult
person of lawful age at eighteen, il by the laws
of Kansas the minority of females does not cease
till they are twenty-one; and the fact that she
would have ceased to be minor at eighteen had
she remained in Illinois, cannot avail her in
Kansas where she becomes subject to the Terri
torial law upon that subject, whatever it may be.
So, in regard to Slavery. We deny the right of
man who owns slave in Georgia, by virtue OF
State law, land he can hold him by virtue of
none other,) to take that law with him to Kan
sas and hence, when he goes there, he has no
right to hold the person as a slave, unless there
be Territorial law to Justify it,
We say that Slavery depends upon local law.
! The Constitution of the United States so treats
it, The language of that instrument in regard
to persons escaping from service or labor in one
State into another, clearly shows this The lam
guage is, that "persons held to service or labor
in one State, under the lars thereof" and escaping
into another shall be delivered up, &c; that is,
under the laws of the State, not under the laws or
the Constitution of the United States. You can
not reclaim runaway negro in any State of this
Union, unless he is held as slave by virtue of
State law. This shows that the Constitution
not intended to establish Slavery.
But sir, if the Constitution did establish Sla-
very, which it does not, the Constitution has no
force in the Territories of the United States un-
was made between the States, to form a more
perfect union betweenithe States; and when the
Constitution was established it gave to the Gov
eminent which was formed by it the right to
govern the Territories but it did not extend the
Constitution of the United States over the Terri
tories; nor does it extend there except by opera
ton of law. When the Kansas Nebraska bill
was passed, Congress inserted a clause in it de-
claring that the Constitution of the United States
should extend over Kansas and Nebraska; thus
indicating that, in the opinion of Congress,
the Constitution did not reach that Territory at
all, unless it was made to do SO by act of Con-
gress.
The whole practice of the Government shows
this to be the meaning of the Constitution.
Why, sir, we appoint Judges in all the Terrific
ries of the United States; and for what length of
time For four years What does the Consti-
tuition of the United States say? [ have not it
before me, but it specifically declares that the
Judges shall be appointed during good behav-
Jour. What right has Congress to limit the
term of office Of judge in Kansas or Washing
ton Territory to four years, under the Constitu-
ton of the United States, if that instrument ex-
tends to, and operates in, the Territories? If
the appointees are Judges in the contemplation
OF the Constitution of the United States, then
they are Judges during good behaviour, and
Congress has no power to limit the tenure of
their Office. But Congress has done it, and it has
done it upon this principle: that the Territories
belong to the United States to be governed by
the Congress of the United States, irrespective of
those particular requirements in that instrument
which are applicable to States alone, and not to
Territories.
Congress cannot, of course, do any act in re-
gard to a Territory which the Constitution for
bids such as to pass a law prohibiting the free
dom of speech therein; but it may pass any law
in regard to a Territory which it is not inhibited
ma nd viii is aio
the spirit of our institutions
But the Senator proceeded further TO speak of
the views ofiwhat he calls the Free-Soil Democ-
racy of Illinois and quite agree with him in
some remarks he made in regard to the positions
put forth by that party. ! quite agree with him
that it is nonstrous doctrine, if the principle
be once established that the Constitution carries
Slavery into a Territory, that you have right
by indirection to thwart and subvert that con-
stitutional right. Satisfy me that the Constitu-
ton of my country guarantees to an individual
the right to take his slave into Territory of the
United States, and | will help, so long as | sit
here under an oath to support that Constitution
to support that right. God forbid that after
laying my hand upon the Holy Scriptures, and
swearing to support the Constitution of my
country, should turn around and say that, al
though the Constitution gives right, will by
uniriendly legislation, or by non-legislation
thwart and deny it. 1t is position wholly un-
tenable; and when | believe the Constitution
guarantees to an individual any right, | will stand
by aud protect him in the exercise and enjoy
ment of that right. ! cannot find it consistent
with my conscience or my honor or consistent
with my feelings an honest man. to under
take by lndlrection to thwart the very nstru-
ment which l have sworn TO support But sir
deny any such constitutional right as the Sen
ator from Georgia claims Therefore, | say that
I slaves cannot be taken lepitinafalv ap1 cone+;