Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1859-09-14

C--.,trop. vet would support him II nomlna-
-. nor fs this article written for The purpose
- ssfsndine Mr.. Douglas. The question asked
| The -srslanese was thiss "Suppose q Teruio-
rial Legislature refuses TO pass any laws max
ing e a uiminsl ofsnsa for any personto steal
or tsmper with a slave in tae Territory. has
Congress the power to pass a lax 70 that e-
feet and has the u. S. Executive officer pow
sr to enforce such a law? 50, please show
Whence the authority is derived
Now the aralaaoss has pretended to answer
nv question, but has lodged he every glst ct it.
Let us revert 10 its article and see how It has
answered. u saws: " The Dred Scott decision
decides that it is the bounden dufs of C0ngTsss
70 suar5 and prgicoi ~ ouaT % hf nsi
Now no one will DENY that the Constitution
q guards aud protects The owner in bis rights
OF property. For instance IL a, living in
kansas. owns a horse, and b steals thc horse
and Afterwards claims him IS his own, under
che constitution A can he placed IN possession
Ct his horse, or in other words, Awill be pre-
teeted in bis rights Of property hymeans OF 2
cfrI s-il. and il B should sell tae horse NJ ran
him Of 50 A cannot End bin yet he canre-
cover the value OF the horse from y BY prov
/ ing that B took and carried away the horse.
Rgt supnoss the Territorial Legislature pf
/ Kansas have not enacted law mskiugit q.
punishable oHense 10 seal a horse or should
( make Ct punishable only to the extent ef 50
6ne. and B vas IN irresponsible man in o uon
e.av point Of Few, The Judgment sgaiust hia
would be worthless. and he could amply sdasd
10 pay bis fine Of s., ana keep the proceeds q
he horse be had carried of from A. Nov, ir
this instance, the Legislature has isgisl ted on
be subject. but an viii agree that the legisia-
lion is inadequate for ths protection Of thst
| Kind u property in . criminal point ~ view
The o~qestion wish answered Is, can Congress
step forward and ssg 70 tie LEGISLATURE Of
Kansas you dou't 20 far enough on the SOB
iect, we viii make horse stealing z ha=sine
,fsn e. and proceed to make a law to ulal
feet. Can any sane man believe Tor an in-
stznt that TIE DATED states Supreme CoHt 10
be bred Scott decision ment to say Congress
had this right uEST tie Constiiz'isa-
Congress has given the PorT 70 he LsEisla-
ture OF Kansas 70 make laws FOR he govern
nent OF Kansas, and before Congress CAB make
anv law fer The punishment Of crimes commit
ted therein, 1t must repeal the act granting 2
territorial government 70 The people Of Kansas,
OF it confir.s win comInsn sense We 81
ssr that there can not be two separate an
distinct Law making powers in the sane state
u Territory. Before Congress have given OF
granted 20 the tsrutoTislL7 gislatureth the PoUe,
20 make laws, etc, Congress slons have
The right TO l~rgIslste for he people who have
settled he lands belonging 70 the FEDERAL Gov
rnmsn But having parted wlih hat jrhi,
Congress can never recall It: for to ke such
4 position would Be asserting that the Terrific
-ies were but Colonies subject to the arbitrary
viii Of the Federal Government, Ike Great
Briten claimed oyeg her Colonies in America.
So long as Kansas dos not violate IFS cher
sr Of government granted By Congress, tlen
Congress cannot rescind he contract II IS
rue that Congress in granting territorial
governments, to some o. the territories have
reserved he power TO supervise the l1ws En-
acted therein; yet thisd does 10, reach case
Of n~onIegislstion on lhe part or the Terrific
,iai legislature. Il may correct or modify
laws ALREADY made by the L@gisia-urc, bat
bow can that Legislature be FORGET to make
any law which they are opposed to ard 20 no,
want
The doctrine Of non-iHtenenion Aas
been recognized BY he people OF ths United
states a. the ballot box in 1856. and dec is5
70 be the true construction Ct the Consa.l ol
by De Supreme Court in the Dred Scott case.
Then, as Congress have not the power, So Tie
creature OF Congress, the territorial LIZ sIa-
ture. have not the rover TO lsgis'sle GA the
The subject Of slavery in the TsHtores, tla.
doing away at oace with The doctrine og
T" squatter Sc, ereiehiy." Bur suppose Con-
rss=, in grant ~ a territorial E5yernm sut to
Kansas, had reserved the power Of making aii
laws spprrts ining 10 the subjecs OF slavery in
that Territory and after making this -eser-
ration, congress should refuse To enact any
law making it criminal 10 steal a mans slave
IN Kansas, could the S ates force Congress 20
make ssoh law ? So Congress, HAVING parted
with the night to make laws Tor Kansas, size
rould no., ad h5ifHm, recall 10. Bot Z -hs
teTit rial LeE stature enact a law esa bIsh-
ing slavery iu Kansas. &, p once yiolat-s he
doctrine OF oa-iu'erenlon and over steps is
powers
The -Eralenoie, 10 IFS article alluded 20. uses
e1is language, giz @The admission Of neN
States by Congress is among he powers ex-
ure7slv vested in the Government Of the United
States. The power Of making "a Sc FOR he
territories IS Necessary for carrying into rz-
istence the power of admitting new States
Now. Z uou'd ask tie .9rdlaEdie. what had The
admission Of Texas and California into the
Union, 70 90 viii the powered making laws
For the Ter rories.7 This kind Of ressorirg
is too dinsy end erroneous, and does uo- come
mp to the point. Now, / grant thai before a
Territorial Government Is gwen 10 a Territory.
hat Congress alone have the poser 20 make
avs to govern it.. But the question i,sfter
Congress have gwen such a government 10 Do
ru-tory. can Congress recaii az viii somr
n the powers she has granted to the Territory.
and proceed 10 make laws for The goverEI1snt
1f said Trrriturywilhogf the Territory baying
violated The act OF Congress organizing u Or
o make the question plata, has Congress b.
over H0u 70 pass a law making l. a cp'tslof
Fence for any one to steal a slave IN tie Ter
story q Kansas and how could suel a law
ne enforced You see, SIR. .fralCucis. ] am
an inquirer sflsr tTutb" IN e1rnes-, and being
such, I donf Ike 70 be put Of with hale IN an
swer. I am your personal friend, and aifh
vou wsll, bot an OF opiHioa that yoH have pot
On he wroBg track IN advocating "eongrs-
sionsl protection. Now, once more, Jet me
-rpe7t, has Congress the power sou to pass a
Jaw mixing IL capital oHeHse for q Tersio1fo
teal a slave in the Terrt0rty Of kansas?
nd how could such a law be enforced F.