The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-08-17
THE MISsISSIpPIAN.
The Territorial Question
=
1-1'6aet from a Speech delivered By Hon. "
fdRcg July 6h 1858.

isrr.ory. 1t conferred upon the Territori
lsiature, IN general terms, all legislati
liver IS consistent with the Constitution
the United States.
since then, the whole question of the co
Htational rights of Shareholders, both in sla-
- Jung States and in free soil States and
we Territories, has been before the Supren
Coart, and in the bred Scott decision, thes
questions have been decided in favor Of tt
news contended for the South Wilmot Pr
ssosm and squatter sovereignty have been d'
decided to be unconstitutional but the sprea
:. anti-slayery yields not to political OF Ju
uleiai constructions of the Constitution IN favo
Of the South. The bred Scott decision
declared by them, as to territorial question
OF slavery, to be but an abstraction, and tina
spirlt presents itself to-day IN antagonlsm
tne South in new and more dangerous pnas
.haa 1t has heretofore assumed mr. Dougia
the representative OF this new phase. ID
contends that, by the Kansas Act, Gongres
bound not to interfere with any territoria
legislation in reference to slavery; he contend
that even a violation Of the Kansas Act by tn
Territorial Legislature cannot be noticed o
supervised by Congress he contends that
was agreed between North and South that al
such questions should be referred to the de
cision of the Supreme Court; he contends
that the Territorial Legislature, while it ha
no power to exclude slavery BY direct legisia
ton, yet II has the power incidentally and By
its power of taxation, to render slavery so un
profitable, by burthensome taxes that it can
not exist in the Territory he contends fur
Their. that it can Disseminate against slavery
by refusing to pass bws for the punishment
of those ADDRESSING upon it, either by theft o.
by harboring or Inducing slaves to runaway
it IS contended that those doctrines, as against
the Government are supported by Kansas Act
and as against the National Democracy, that
they can be maintained under the Just inter
pretation of the Cincinnati Platform. Undel
the leadership Of such man as Mr. Douglas
they present issues more dangerous to the
South than ever were the issues of the Will
mot Proyiso or squatter sovereignty.
1t is unnecessary for me to add that, in my
opinion, this doctrine Of Mr. Douglas is alike
unconstitutional. insidious and baneful to the
true polcy of the South. would that the
abilities of such man were arrayed on the
side of the principles Of Justice and the Con-
stitution but Is they are not, he must be met
frankly and fearlessly. Ii the Territorial1 leg
stature possesses inherent, original powers of
legislation. Territorial Government is but
the creature of Congressional act 1t has
DO sovereignty. Il arises out Of, and is sub
net to, the will Of Congress A territory is
but the common property Of the people of the
<Aeral States, and subjected to be governed
b the common agent of that people-the
Congress Of the United States No territory
ever exercised legislative power, save by viz
tue of the wiIIof Congress. Congress itself
possesses no inherent, original power Of legis-
Iation Its power S deriyatiye and limited,
and derived from grants in the Federal Con-
stitution. This being 50, Territorial Legis-
lature existing under an act of congress, is but
creature Of Congress, and it follows that the
creature can possess no higher power than its
creator possesses
If there is no truth, then, in Mr. Douglas
position, it must be found in the COMPRESSION
al act creating the Territorial Government for
Kansas. But the legislative power given to
the Territory By that act is expressly declared
To be such IS IS consistent with the Gonstitu-
ton of the United States 1t being the duty
of Congress to make proper legislation for the
Territory, il Congress- for the sake of conven-
fence confers It's own power upon the TeTitor-
ial Legislature, unless there is something in
the act negatyng the proposition, it is clearly
the duty Of CONGRESS- to see to it that its agent
the Territorial Legislature, passes no act in
consistent with the Federal Constitutional
source and limitation Of its own power. But
nothing can be shown in the Kansas Act which
negatives that plain proposition, when Con-
gress declared that It was not its intention to
legislate slavery into or out Of the Territory.
That phraseolegy Of that declaration conveys
no such IDEAS that Congress should not pre-
vent the Territorial Legislature from legisla-
ting slavery out Of the Territory. All that
Congress has conferred upon the Territory
with reference 70 slavery, IS the right to frame
their institutions N their own way, provided
they do not infringe upon the Federal Consti-
tuition, or rights Of the people of the States. |
But Mr.. Douglas says that if the Territorial |
Legislature does violate the Federal Constitu- |
ton or rights Of the people of the States. that |
the Supreme Gourtof the United States IS the |
only tribunal that can pass in Judgement /
upon such acts. The only clause IN the Kan
CAS- ct 10 gkieh. can p.fsr. i that which
lowsan appeal from the supreme Court Of the |
Territory to the Supreme Court OF the United |
States. This clause was simply designed to
afford an adequate remedy 10 parties to suits
in the various courts. A decision upon such
appeal is only binding upon the parties to the
appeal. The Supreme Court has no jursdic
ton either over the Territorial or the Federal
Government If the Territorial Legislature
chooses to disregard the opinions expressed by
the Supreme Court, what power is there that
,,.,s,,,
can force an observance o. such o gseaslOns upon
the part OF the LEGISLATURE. Inc supreme
Court Possesses no sqch power anu - eon.en 10
that congress mas a6andoaea sne $500 ~
such power, would leave tne SCUM eli.llety
without remeays against any aoo,i1ioh 800
SONS upon me part Of efri.ofial heelslatuie.
Such an aoandonmens OF power canno. pc
SHOWN 20 nave neen Hiaoe y .ne i na,,ss1s ~
Inc south never mas asked Una. ooi 49,
should lsslate slavery ineo, q, u WEE T
Greaee IN isIlIseIy -. - -
deciaratlon tnefeiore u thae acs IN. oollsless
had no snc design, mad no iounda.lOn N N any -.
TACT showing such wish upon the part OF the
%. ,. q - Oy III .s.. bx That act
o.,~rsss ,ss,; = ias;sla.s slavery IN the
S., 80 ro,ghers h law If
y s,,A 49, 80 !. .,,,st h;rhay law
ba Ia s $3.50 80, $50 't s fsion;o,,s ao-
ss;a- !; : =. a. ss..Ii;sl slsvar7
SIsTsr ..T 80. ST over, zv;tbont nee.
ssa ,ss : ss.s 4 ,, .s,e,ss;on Int
= sx;s. :; ~ -, - = t. cis;m the full
,ehss - .h;.s : s.,.;.leJ II demands that