The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-08-10
The Warrington Constitution on Squat
ter Sovereignty and the Powers of a
Territorial Legislature---More Light
Wanted.

neglect to- provide for its protection" ITO
assume, says the Constitution, ''that Con-
gress has the power to prescribe the destinies
and duties Of future States is not whit more
opposed tospopular sovereignty, IN its true
and legitimate sease, than 1t is to assume
that-the first squatsrs of a territory can pass
lascs By (which the citizens Of every slaue State
in the Onion scoald be practically excluded from
that portion Of The common propertyef all the
statessn 49,
Briefly, the Administrators resolutely
maintains that not more yiolatiYe of the prin-
cipies of constitutional justice and State equal
ity-not more unjust and offensive to the
slave States-is the doctrine of the Wilmot
Proviso, than is the new tangled idea of Squat
ter Sovereignty or territorial omnipotence.
The Constitution also maintains that. the
Inhabitants Of territory have the power to
settle the slavery question at the time of the
formation of the incipient State and not be-
fore" And it makes good its position as the
well-settled policy of the Democratic party
by proving that It. is unquestionably affirmed
in the Cincinnati Pfats,rsa-
The wide difference in the ground occupied
by the Constitution, as the Administration
journal, and by Douglas, will be understood
at a-glance by comparing the foregoing with
the following extracts from Douglas speeches
at Freeport at Alton, andinthe Untad States
Senate on the 23d of February last:
ExTRAcTFRoM.AR.D DOUGLAS, FREEpoRT SPEECH.
"Lsmg opinion. the people of a Territory
can, By ta'cfm means, exclude SLAVERY before 1t
comes IN as a State
" Whatever taae Supreme Court may hereqt-
ter decide as to the abstract question Of wheth-
er slavery may 60 in under the Constitution
or not, the people Of a Territory have the
la'cft means to admit it Slavery or exclude
1T as they please, for the reason that slavery
cannot exist day or an hour, anywhere, un-
less supported by local police regulations,
furnishing remedies and means for enforcing
the right of holding slaves. These local and
police regulations can only be furnished by
the local legislature. # The people Of n Ter
yitory are 0pposedt to slavery, they tci8 elect
members to the legislature a0ho soill adopt IN
friendly legislation to it. If they are for it,
they will adopt the legislative measures friend
~ to slavery. Hence no matter aolsat may be
the decision Of the Supreme Court on a4e ab-
strat question, still the right of the people to
make it a SLAVE territory or a free territory is
perfect and complete under the Nebraska bill.
EXTRACT FROM HIS SPEECH AT ALTON.
'If you take negroes to Kansas, you must
take them there subject to the local law If
the people want the institution of slavery,
they viii protest and encourage it; but if they
do not want it, they scil withhold that protec-
tion, and the absence of local legislation pro
teetins slavery, excludes IL as completely as a
positive prohibitions
EXTRACT FROM HIS SPEECH IN THE UNITED
STATES SENATE.
'1f there was anything peculiar about slave
property, requiring peculiar protection, it was
the misfortune of its owners, and the absence
of legislation for its protection soo,tld as effect
ually exclude IL from territory as a constitu-'
tioaal prohs6ition. The Con-
stitution provided no remedy for stealing
slaves or any other property; and no kind of
property could be protected in a territory
without TERRITORIAL law providing remedies
and penalties. / would leave all kinds of
property to the action OF local territorial
laws. +"
The reader win thus perceive that while
the Constitution holds that the first handful
of squatters"' in territory have. no right to
NEEDLE with slavery for its exclusion, Doug
las contends that their authority over slave
property Is complete and unlimited
We need not say that the Southern De-
mocracy recognize the doctrine of the form
er as the true Interpretation of their creed;
while they repudiate with loathing the doc
trine Of the latter as heresy which they
would sooner sacrifice the Union itself than
to tolerate.
But while We warmly applaud the premises
Of the Constitution and endorse without quail
Mcation its position, as far as it goes, candor
eompeIs us to ask why it does not follow its
doctrines to their legitimate conclusion p
And we now ask It to state clearly if the first
handful Of squatters' SHOULD arrogate to
themselves the authority to drive out slave
ry from the territories, is It not the duty of
the federal government through all its depart
ments, Executive and Legislative as well as
Judicial, to interpose and prevent the wrong
"''''n .', nun oo'nAof apply 1ie le
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should be referred to the Courts? Then We
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use = e'e spsn nslo - provision
| '.'e ns.'' . :. s''s - o. ioi tne sur
lellael !" 11:s'si.s slases, pul "euld " not
nave Dsen esaa ie.'ef 7 congress aad with
ns'',:s'.e =" =, "sp VS. ussenea % give II
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nss Dsen a''ol''eo = s'se y insi
WIN me yonsolauOn answer Us : " viii
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leiuss D,''1 '.'e o'''' s'lls'e pea maj Ne nave
s0ne ..,o .''e 10y lsa1llls y soseiac.lons
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: 49, '-'s 'l.' p.e4As = AVOID tne
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