The south-western. [volume] (Shreveport, La.) 1852-1870, 1859-05-25

common domain, but contends that, thereafter,
the security Of his property is dependent upon
the will Of the territorial legislature. Such
position we understand to be virtually held by
all who deny to congress the power 10 legts-
late upon the subject. The right of appeal
from the territorial to the supreme court be-
comes a mockery when congress is forbidden
to enforce the judgment OF the latter tribunal.
Every candid man must admit that, under such
circumstances, the execution Of the territorial
law will not be obstructed The position above
stated, we think, involves an absurdity which
little reflection will detect. Right and obi
cation are reciprocal, = says doctor Paley. He
here enunciates an axiom which is applicable
alike to morals and to every system of consist
ent legislation. II one man has an admitted
moral or legal right, every other man is under
a moral or legal obligation to abstain from in
reference Herewith. If we have right 10
the hat or clothes we wear, no one else can
| nghtfuly take them from US. Under our fed
deral constitution, citizen of the,U. States
Z
faith 1t would be palpable absurdity to
hold that a right existed elsewhere TO control
or restrain him therein. Not to multiply illus
trations, therefore, the affirmauce of right, is
necessarily, the negaton Of right to obstruct
on modest its enjoyment To assert, then, that
the Shareholder can enter the common domain
with his slave property and there enjoy it, is
to deny to the territorial Legislature or any 9TH
er power the right of hindrance either by di-
rect or indirect legislation The two rights
cannot coexist either in logic or in practice
There is another fact in this connection which
applies to legal and not to moral rights, to wit:
the duty which government assumes to protect
its citizens in the enjoyment Of the former
When we enter the social compact we, neces-
sarily, surrender portion of our rights to the
governing power. Protection to the remain
der by the collective force Of the whole society
is the consideration for this transfer. Now,
but FOR the existence of our present govern
ment, each State would be entitled to It's pro-
portion Of the public domain. Louisiana would
have her portion and could regulate its inter
nal affairs as she pleased-could colonize it
with slaves and hang every free-soer within
its limits. In entering into the federal com
pact she parted with her authority over the
public domain and transferred it to congress
upon the condition, necessarily, that congress
would protect her citizens in the enjoyment Of
any portion of it with their property. To do
this, therefore, there is binding obligation
upon congress-an obligation which it cannot
discharge, but by fuflment, and which to ne
elect would make the government despot-
ism. This view Of the matter. If correct is an
answer to the position held by some that con
gress cannot exercise this power in behalf of
slave property. becauseein the Kansas Nebras
ka acl, it transferred All its authority over this
subject to the territorial legislature. Con-
gress cannot SO easily emancipate itself from
a constitutional duy. That duty we have said
was to protect The slaYe-holde in his rights in
the territories; an act, therefore, which assigns
to another body not only the power to protect
but the power to modest and destroy those
rights, assigns power which congress never
had, and is clearly unconstitutional. This as
sumes, what we deny, that the construction Of
the Kansas-N Nebraska act, above referred to, i
correct.
But it is said that, if we admit the right of
protection by congress, we must also admit the
cognate right Of prohibition. Thatif congress
can protect slavery, it can, likewise, abolishit
Let US generalize this idea. Whenever power
is given for certain purpose, It may be legiti
mately exsrted for any other purpose. If | ap
point an agent to sell my house, he may set
FIRE to it. II a man appoints an executor to
take charge Of bis estate. the latter may waste
it. If a railroad company places an engineer
in charge of a train with the Injunction that he
conduct it safely to given destination, he may
very properly, run off the track and kill all the
passengers; and SO if number Of men form
political community and vest the general au
thorty in a certain body for the better protec- /
ton Of the rights Of each, and for promoting
the general welfare and security, that govern
ment may, rightfulIy, go to work to trample
on these rights and make slaves Of its subjects I
The proposition is too monstrous to be serious
y argued. 1t will not abide the test of the |
most commonplace analysis. It is satisfactory
ly answered when we say that the end and
function Of government is to protect and not to
destroy property. We affirm, therefore, in |
conclusion, that it is the duty Of the territorial
Legislature to pass laws protecting slave as well
as other property in the territory, and that, in
default Of this, such duty devoyes upon con-
gress. In no other way can the south be pre-
tected in the enjoyment Of her constitutional
rights,
7--~-J~~~--~~---~~---~--
SEA ISLAND CoTToN-A friend has kindly |
forwarded US a sample Of the Sea Island cot
ton exhibited at the late Agricultural fair
of Alabama, held in Mobile. We do not pro-
fess much personal knowledge Of the quality
of cotton, but we have shown it to competent
/