Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1859-09-23

ion taken by some leading pohuclans, on the SUD
uect of Congressional protection to slavery in the
Territories, and pointed out what we conceived to
be very grave error. The position referred TO, is
That if Congress can protect, it also prohibit
slavery in the Territories Were this the true doc
trine, the South would be at the mercy Of the
Northso far respects its rights in the Territories
but we deny the truth of the position. As said,
on former OCCASION the power to protect does not
imply the power to abolish; and such an inference
would be fatal to the rights of States and indiyi
duals and would unsettle the very foundations of
the Government by making the Constitution a
nullitv. Forinstance gold and silver are declared,
by the Constitution the only legal enderi does il
follow that Congress has the right to declare the
contrary merely because it has the power to protect
the coin of the United States against aduteratiou
and counterfeting? Clearly not; and the error
into which many have fallen, on the subject of the
powers Of Congress, grows out of the want of Il
Just discrimination between the power to create, aud
the mere right to protect The Constitution created
the currency and delegated to Congress the authoe
ty to protect it, and there the delegated power
ceases But in the of slavery the point is still
stronger against the doctrine contended for. Sla-
very existed long anterior to the Constitution, and
the trainers Of that instrument, recognizing slaves
as property engrated that recognition upon it; and
in giving Congress the right TO make all needful
rules and regulations for the Territories conferred
the same guardianship over slaves that is extended
to all other property in said Territories. The Con-
stution recognizes slaves as property and Congress
though vested with tie power to protect has no
more right to prohibit them in the Territories, and
declare them not to be property than it has to pro-
hibit the circulation of gold and silver and to de-
clare them no legal tender outside of the States
At the time Of the adoption of the Constitution,
slavery may be said to have been universal in the
United States, and the tenure by which slaves were
held as property precisely similar to that by
which other personal property was held; and
though, under the federal compact, each State is at
liberty to establish, or abolish slavery within its
own limits there is no authority for its interference
with it elsewhere. Then if the free States have no
jurisdiction over slavery beyond their respective
boundaries they not, through their Representa-
tiycs in Congress NEEDLE with it in the Territories
so long as the Constitution remains unchanged
Neither can the southern States interfere, through
their federal Representatives because the Territories
are the Joint property Of all the States; and Con"
press as the common trustee Of both sections and
acting under constitutional restrictions, can ex'
ercse no other power over slavery than that Of
protection. If the free States can, through Con-
prcss prohibit slavery in the Territories the slave
States can establish it, because the rights of both
are the same, and the very absurdty Of this sup
position demonstrates the truth of the position, that
the power to protect does not imply the power to
prohibit And if nothing short of State sovereign
~ can deprive citizen of his constitutional right
to hold slaves rs property, it is clear that terri
torial Legislature can not divcst him of right
guaranteed by the federal Constitution, and that
Congress is bound 10 protect him in that right unit
its authority is superseded by State sovereignty.
But, it is argued 10y some, if this doctrine he
tauc it creates the necessity for slave code for the
Territories. We can see no necessity for II, anC
consider it MS great abSurdity as the declaration
that Congress has no power to protect the slave
holder in the Territories. Tennessee, Kentucky
Alabama, Mississippi Florida, Arkansas and Mis-
souri, were AON us lNllAbAlNS NlN''''
code, and came in rs slave States, whilst all tn
northwestern States similarly governed COZ il
81, free Whence the necessity then, for n shiy
code now II squottcr sovereignty makes the PEG
pie of Territory as sovereign as those of State
slave code might rs well Ire demanded for Tennessee
as for Kansas; if not the federal laws, enforced b.
federal officers, will answer the same good purpog
e., Ia, MI,
sovereignty first made It's appearance clothed wit
power to distract and divide the people. Unlil thi
rew-Guglcd doctrine was promulgated by dcma
gogucs, the Territories were governed by Congrc.
Ms empowered to do, by the Constitution, and a
wa, peace and quiet Squdttor soyereiguty-th
device Of Northumberland no rebellion an
shed no tu'rmal blood upon soil belonging to a
the States, aud under the protection Of Congress
their ,ommou agent No slave code was ncccs,ar
10 protect the rights of the southcrnor, aud no I'm,
grafton Aid Society was gotten mp, by freedom
shriehcr,, To- iurai,h squattcr soyrcgns-alicns an
no paupcrsto deprive the Shareholder of his right
"a home upon the common territory of the who
3lhdon.
q y Bat here again we shall bc met with Shc dccar
ton that Congress has no right to lcgisae for Il
Territories, This doctrine IS a tungus-sprout fro
squat,er sovereignty, aud. ike the parent stoc
dmwSuo support from thg Constitution aud Il
usage of the Government for nearly seventy ycnI
Congress has always lcgsla,cd for the rcrritoric
aud sometime, transcendcd its powers by lcgi'iatr
npon thc subject Of slavery. In 1904 il torba,
Louisiana to import slaves, although the States we
1T liberty to do 50. In 1920, il ordered Nilsson
to strike a slavery clause from It's Cousti ton, Al
.rcrwarls adopted the Missouri Compromise.
UuHcr Mr.. Folks Administration applied t
Wh,t Proyiso to oergon, and afterwards to Was
mgtou reritory. About the year 1925, Oh
Justice shall decided that Congress alone i
power TO islate Cos the Territories, and Jud
Story was tlN Time on the supreme Bench.
WHOM WiScp in was Organized, Congress proyid