Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-08-02
This question itself in the shortest space,

This question itself, in the shortest space,
srates my views, in substance, with precision.
In full, they are contained in a pamphlet emit
tied Territorial Government, and the AdmiS'
sion of New States" &C., being q letter I'D.
dressed by rc to William F. Sanford, Esq, OF
Alabama, dated Richmond, Va, April 4th,
! 1883. a copy OF which ! send you. Its length,
il being Il treatise in fact, enables those
opposed ID its doctrine; to misreprescnt 1T 10
those who 10 not read Ii ior themselves ihc!
saw il claims 81 Code" by Congress for slavery
in the Territories. There - no sHeh ciatm SCI
Up By ne. All | ask Of those who doubt IS TO
read the pamphlet, and 10 lind any such claim
in il, # they can. On the contrary, 1T page
III, | say THAT the inhabitants OF pGoPle
Of a territory are sovereign to form LOT .'eni,
selves a { Constitution and state Government
and that IN their tsrjttoridt c3hdtt'0h Tue,
are within the entire control anu JuriSuictioH'
or under the entire rule and regulation o. ION,
srcss. subject to the Constitution OF tue Chitcu
states: and that the citizens OF each AMI all ol
the States are alike equally entitled 10 Protcc'
ton in al the privileges and mInlil!trso q per
sons and Of property, common 10 el"'" o."
i~clcratcs. And this right aah TINS dt.ty o! pro-
lection is no; 10 he cyaGeI or avoided either ov
hv the false ad rqptandRm clamor that - code
Is required to be enacted by ConsresSi2fthepro'
lection Of slave property. ihis Is Du' 10 cast
cd;um upon slavery, by creating the i'nlfe>-
sion ihst = discrimination is necessary 10 dis,
tingaiSh il above what Is One 10 other pef>oh"i
and proprietary riShts' I'm TIC contrary ~
such code is required 70 Great" either The
right or the duty Of protection, and no law
is necessary 10 distinguish slave property:
from an other property. NJ persons and
All prn,c,,y. equally and alike. REQUIRE only
I ~, 10 Ic oasaii,d aud destroyo} IL. or Grci1d,8
,icos. the commoa territories. Every species
Of rights require laws. i; Is true. s4iftd 70 their
chcyGcitr and their cqs'. IrTs0"oi property,
for example, must nave u law That It shall not
! be "taken ard Carried a,tlg::' ana taid, which
cannot be taken and carried away must
! have a lav ,iI?; it shall not be trcsrasseG upon
in some other way; AID - with 'aycs andesc-
nv thing else, ticQ a.ps' ha1e yr9r%'o"s "'t"r@.
ing 10 their f:mi. BIZ; the Constitution OF
| the United States. AID TIM laws OF Congress
heretofore Organizing territories, resutl'cicit,
and if amendments Of the laws are required
il; is the duty of Congress 10 see that they are
provided, Of the Executive Of The nitcd
! States to sec that they are executed, and OF the
Judiciary TO decide upon the rights under the
laws. The slave States should never pretend
! to any peculiar privileges. and do not, 50 iar
as | know. They ask only that their rights
shall no; hc assailcd ard invaded, and. if tAcy
be assailcd, that they may be protected as other
personal and proprietary rights arc protected;
that they may have equal, confederate, federal
! privileges and immuniticS; G4I they ask .fcr no
| special or peculiar c1dt. The sole question Is
! What protection does the Constitution guaran-
tee in the Territories We contend that j,
guarantees all protection required, to all psr.
sans and all -iqhLs recognized within its lur!S.
diction."
To ILLUSTRATED acrec with the true intent
declared by itself-".yot to legf,Lste sLorcrv
into the ityritorv, nor 10 erciuds Il Mcr..
from" So | would saw Of rheat. corr, horses.
or,Ji. sbeeD. or any other propcr,y. would leave
all these to individual will and option. | would
not compcl \ man to SOW wheat, nor forbid
him to sow il. il would be dcspotic TO ATTEMPT
,urb =, not hv LEGISLATION. but because
would NOT c.mnel or prevent lis production.
wonld 7 tbcrctorr saw after a cron is made
tba, would not protect the hushandman in
hi, labor and nropcrtye So with slavery.
whist | wonld not Intervene "a I~crislatc il INFO
or ONT Of any Territory. vet if il goes there
With ;ts owncr or cviSts thcr. as nroocr,y
rnu,5 I ai,oyy /, ,nob or uniust and uneouai
,oo;s,,,;o, ~ Jos,roy ,bc rgor.r,vg Jo,r,H
80 'H,J;c;arvI say como S,ill n uunicinal
., -. l,,;sI.,;on ;c reo,,;rcl IN .,y wh,t sh,Il
Lo ~. Ie.al remcdv md farm cf nrocccdinr
mi g., ,a ~, c,mr;y ',r;.'rct;ou Many rro'
$50, If rho Con.,it;,;on cant oncrate Win. F..
o,t 4, e,,tutc-,h,. cl,,,scs for cyamnlc rs to
f,o;rivcy from ;usti,n and from labor cannot !
onnra.n vi,bou; , ,crod;,l law In = vo-J
MT only in all ncr.ons and All propcrtv with.
80, FL J;s,;n.,;a, pn,iriro ious Ca,
nro,oc,;op Inn, tho courts themselves rconire
ttLe .u,hor;tr of lcc;sI,t;on Th. State Of yir.
c;ni, has nov in her New Constitution. 2 pro.
Vision which DECLARES
slaves hereafter emancipa,cd shall (orrci,
,hcir freedom Lv remaining in The Common
y.c,l,h moro tbon ,wclyc month, aftcr they be-.
co,n. ,c,naIly src. .nd sh.il Lr rcdurcd n
slavr-v un5cr suc, rerrl,,ions os shall bc pr..
rrr;hcj hv l,w"
This has bccn ;bc Constitution Of this State
s;nrc 1sil nc.rlv c;oh, years and vet il has
Ind M o,..r,,;on and cap have none for want
of %st,tuic =, define inc proceedings.
And IN rho oth"r hand where the Courts
have jurisdiction. and have had but to declare
an demonstrations law inopcrat;vc and void,
they don, ,t until a case is brought before
them. at the expense. and trouble. and risk Of
private persons often unable TO hear litigation,
and then they are slow TO get. The Missouri
Restriction, for example, repealed bv the Con
gress Of 1854. was not decided by the Supreme
Court to be unconstitutional. until 1851. thirty.
seven wears after it passed, and the Legislative
Department; itself repaired its VI wrong three
wears before the Judiciary did.
BIZ; thi, is demanding" slGrs roi. - say
the opponents of protection. We say, it Is
only what the Constitution and existence Of
government implies-the primary end OF all
practical government. the power and duty OF
protection 10 al persons ard property! The
Know. othin.s may say. Us they lave said.
ayai.>, protecting naturaiixei citizens T