The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-03-17

TO psss sls-c code foe the Territories, fails
TO pass police rsgulstions 70 protect slave
property, the absence OF such regulation
practically excludes slave property - e.
iectually ~ constitutional prohibition
would exclude 1t. Isgree to that prsposi.
ten. He says, furthermore, that II d CON.
potent for the Territorial Legislature, by the
exercise OF the taxing power, and other
functions within the limits Of the Constitu.
ton TO adopt unfriendly legislation which
practically drives slavery out Of the Terri
tory. agree 10 that proposition. That is
Just what ] said, and oil / said, and just
what meant by my Freepsrt speech 10 II.
lnois, upon which there has been 80 much
comment throughout the country.
But the Senator says that while MONACO
ton by the Territorial Legislature excludes
slavery and while the Territorial Legisla-
tsre may, within the limits Of the Federal
Constitution, adopt such . system Of un-
friendly legislation ~ In effect TO exclude
slavery from is limits, yet it Is wrong for
the legislature to pursue that policy; and,
because the Territorial Legislature ought
not 10 adopt that line Of policy, be will not
be content with such legislation, but will
appeal 10 Congress, and demand Congress
sionsl code Of laws protecting slavery in the
Territories, In opposition 10 the wishes Of
tho people Well, sir, his conclusion is .
logical one, unless my position Is right. All
mes must agree that nor. action by the Ter
ritorial Legislature Is practical exclusion. II
the people VI q territory want slavery, they
will protect II by slave code. II they DO not
want slavery, II they believe that Il is not
necessary {; II they are OF opinion that their
interests do not require it, or will be preju.
diced by ii, they will not furnish the nsces-
sary remedies, and police regulations, usual
ly called . slave code, for its protection.
The senator from Mississippi says they
ought to pass such q code but be ad-
mits that II Is immaterial to inquire wheth-
or they ought or ought not TO do il
for II they do not want II, there Is no
mode by which you can compel them to do
II. lie admits there IL no compulsory
means by which you can eoerco the Terri.
torial Legislature to pa@ such law and
for that reason b. insists that, in casa Of
non action by the Territorial Legislature, il
il the right aud duty Of Southern Senators
and Representatives TO demand affirmative,
action by Congress 10 the enactment Of q
slave code for tho Territories. lie say
that 1t is not necessary to put the question
TO me, whether would vote for Congres
sionnl slave code. He desires 10 know o
al other Northern Democrats what the,
will do; he dos not wish IN answer from
INC am mach obliged TO him for taking
II for granted. from my past record, that
never would vote TOR . slave code in tn
Territories by Congress and have yet Il
learn that lerc Is = man in free State o
this Union, Of any party. who would.
Mr.. MASON. viii the Senator be kin'
enough to explain what be means bys slav
code?
Mr.. DouaLAs. Yes, sir. The Senate
from Mississippi defined II very well In hi
speech Ills position WAS. that while tn
Constitution gave him the right OF protec
ton 10 u Territory for bis slave property, |
did not, OF itself, furnish adequate protec
ton. lie drew . distinction between th
right and the fact, and said that the pro
lection could only DO furnished by legisla
ton; that legislation could only como from
enc OF two sources Territorial Iegisls
ture or the Congress Of the United States
lie would look to the Territorial Legislator
in the FIRST instance. II be got adequAt
legislation there. he was cOntont but II Ii
Territorial Legislature failed 10 act, an
give him that adequate legislation, in tn
form OF what Ia commonly called o slav
code, such non action was equivalent 10
denial OF his rights aud, losing his right
it was no consolation to him that he ha
been deprived Of them by the non action Q
Territorial Legislature; and hence h
would demand Of Congress the passage G
laws to protect his slaves, and to punis
men lor running them oil Ia furnish sue
remedies for the violation OF his rights as b
thought he was entitled TO from the Terrific
rial Legislature. He said he would deman
tins from Congress.
Mr., Baows. Because the Territorial |.
gislatur- was tho creature u Congress.
Mr.. DovdL,s. Tie further said that
would base his demand on Congress 10 pa,
this slave code on the ground that the Tel
ritorial Legislature was the creature Of Coz
gress anil, il II did not DO its duty, Cor
gress should pass such laws as were nece
sary to protec, slave property in the Terri
tories.
Mr.. GREEN. VIII the Senator perm
me to ask him u single question :
Mr., DoroLAs Certainly
Mr. GsysS II law merely providin
protection is to be called = slave code. the
| ask. II larceny, in general terms, were pm
ishei by the Territorial law. and the tegi,
la,ure should except the larceny OF slave
would h. say he would submit to that OF
; ton Of the legislature
Mr., DouCLAs. |. is immatsrial 90 n
whether you call this legislation q sla,
code. or by any other name. will call
10y the name the senator chooses wish ,
! I've understood, however, aud TO use sue
language as conveys the idea. take Il
! language Of the Senator from Mississippi,
thA, is satisfactory. All have TO say, G
the point presented by the Senator fro
: Missouri. Is this while our Constitute
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