The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-07-27

finally when left to themselves lapse into tn
barbarism of their ancestors If to this view
it be objected that the reasoning does not EN-
brace the condition of those who have worth
less population of free negroes among Them
/ can only reply that the difference of viey
depends upon the stand point, and that suel
answer to my argument yindicates our inst
tuition of African bondage from the assault
which have been made upon it, by provin
that the good of society requires that the ne
gro should be kept in his normal condition.
A British minister to the United States
when some years since writing to an agent il
Central America, said that slavery constitut
ed the only question in the politics of the Uni
ted States. 1t was and is most unfortunately
near to the truth The seed sent out from
Exeter Hall found congenial soil in the North
ern States, and has produced embarrassments
and controversies more fatal to the peace anc
progress of the United States than would havt
been quadrennial war with foreign power
In your resolutions you have asserted the
right to protection by tn. general government
for the property of citizens OF the seyera
States who may settle on the common do.
main. the territory of the United States. As
consequence of the equality of the States
and the correlation of allegiance, and protec
ton, your pfoPosieioh "ouio 9e0hi w Sled'
for argument.
Nor indeed has it been denied except in
view of the performance of the duty towards
one kind of property, and it is hazarding lit.
tie to foretell that your resolution, though gen
eral in its terms, will be construed as having
single application to property in slaves.
Thus, like proposition was treated in the
Congressional debate of 1850 on the so-called
compromise measures. 1t is not my purpose
to review generally the objections heretofore
stated to that legislation. Mississippi decided
to aequiesce in it, and her Judgment was final
ON her citizens to the extent Of all which was
/ a matter Of yolition.' Opinion is not the crea-
| ture of will, and mine remains unchanged
though my action has conforned to my.alle-
glance. ~
I will merely refer to that part of the legis-
lation which specially bears upon the subject
now under consideration
| In the bill reported for the organization Of
the territory of New Mexico, there was gen.
e-al grant of legislative power with reserya-
ton that no law should be passed Sin respect
to African slavery" Believing that this was
an inhibition against the enactment by the
territorial legislature Of any law for the pro-
lection of that species of property; and but
too fully apprized that the reservation was not
made with intent to afford such protection by
Congressional enactment, proposed toamend
the bill by striking out the restraint against
legislation lin respect to African slavery,n and
inserting prohibition against the enactment
! Of any law which would interfere with those
rights of property growing out of the institu-
ton OF African slavery as it exists in any of
the States of this Union" In conformity to
| the views and wishes of some Southern Sena-
tors, the amendment was several times modi-
fed so as finally to present the general propo-
sition, that the territorial legislature should
not be prevented from passing the laws neees-
sary for the protection of the rights of prop
erty Of every kind which might be legally and
constitutionally held in that territory. In
this general form the proposition was brought
to vote and defeated. Was it yeneration for
the decree Of Mexican dictator which with
held an acknowledgment of the supremacy of
the Constitution, or was il hate of the South
which caused majority thus tenacionsly to
preserve the decree of a government, which
INSTRUCTED the equal enjoyment By all citizens
| of the United States of the property held by
Joint tenure, and won by their common toll
blood and treasure
AT subsequent period the bill was amend
ed on the motion of Mr.. Berrien, of Georgia
by striking out the words Sin respect to Afii-
can slavery" and inserting provision to res
train the territorial legislature from 'estab-
fishing or prohibiting African slavery" In
that dark period for Southern rights, we
should not probably have gained even that
much, but for the conviction on the part of
the majority that slave property was sufficient
ly excluded by the "ier loci' of Mexico, and
would require legislation to establish it.
Though defeated on that occasion, Southern
rights gained much by the discussion. The
victory of error is but for day; the vigor Of
truth is eternal
When the same question arose again in 1854
on the bill for the organization of Kansas and
Nebraska, the original draft was modified so
as to declare that the Constitution should
have the same force and effect in those terri
tories as elsewhere in the United States, and
the obstruction to the enjoyment in that terri
tory of equal rights by the citizens of the
Southern States, known as the Missouri COM
PROMISE was swept from the statute book
which was the legitimate consequence Of the
refusal to extend that line to the Pacific
through f.Ai<a2 faEa Aassieo
What were our Constitutional rights in the
territories remained an open question being
designedly left for judicial decision
| Thanks to the care of our Fathers for the
rights of minorities, an umpire was provided
for such controversies, which removed from
the influence of popular excitement and the
power of political parties, was left free to dis
cTiminate between truth and error, and with
out fear or favor, to do justice. That umpire
has decided the issue in our favor, and though
| placemen may evade, and fanatics rail, the
| Judgment stands the rule Of right and claims
the respect and obedience Of every citizen of
the United States. @ IS
But now when the matter in controversy
which has so long impeded and perverted the
action of Congress, has been finally decided
according to the provisions of our f1ndamen-
! tai law, there are those who seek to revive the
controversy by indirection and deny the obi
CATION Of the general government to give eff
cacy to Constitutional rights which have been
established beyond the limits of legitimate
denial. What could be rheaner than the reply
to our demand for adequate protection
l though you have gained the suit III the issue
| we joined and in the manner agreed upon,
| yet we cannot consent that you should have
whatever remedies are needftil to secure the
future enjoyment of the right you have estab-
| lished
The government which wHhholds all prac-
/ tEdDic E3Sutiul pIUttCdulf W CIblkcliS
ferfeits its claim to allegiance and support
/ To establish justice, ensure domestic tran
guilty and provide for the common defence
were the great purposes for which our Union
was formed 1t was in the discharge of these
great duties, which he who swears to defend
the Constitution may find declared in its pre-
/ amble, that we waged the war Of 1872. To
protect our merchantmen from detention and
search upon the high seas, and to defend our
citizens native and naturalized from impress
ment we inscribed on our banner free trade
and sailors rights and all unprepared as We
were, threw the wager of battle to the mis-
tress of the seas.
In your resolutions, you have well denied
that We are estopped from demanding protec-
ton by acquiescence in the doctrine of non-in-
i teryention- with the institution of slavery in
the States, Territories, or District of Column
bia. Twill not undertake to define the new
doctrine Of 1'non-intervention,' shadowy and
variable, it may be classed, with what a preach
er termed the third division of his subject,
that of which he knew nothing, and which
his hearers could not possibly understand
1t may be assumed that if the Interpretation
which yen now deny, had. been sent with the
proposition to the people of Mississippi, they
1 never would have acquiesced in it.
The doctrine had its origin IN worthy mo-
] tives and was used for good purpose, to
tcheck the fanaticism which stroEe for hostile
Legislation; what is commonly called the |" Will
mot provise." Though feeble barrier it was
perhaps not wholly useless and may have
served to gain the time necessary for the PEG
pie to reflect and to rally. But he stultifes
himself who appeals to the legislation of 1850
to sustain this modern construction which
denies the right Of Congress to do anything in
relation to slave property either in thetTerri
tories, States, or District of Columbia
Among those measures called the compromise
there was one which on the plea Of an unset.
lied question of boundary, transferred terrific
ry from the slaveholding laws of Texas to
those of New Mexico; another to give to the
Supreme Court of New Mexico an appeal in
all cases involving titles to slaves, though the
amount should not be equal to that which was
required in other cases; another to give a more
eficacious remedy for the recovery of fugitive
slaves found within the limits Of the States;
another which affixed emancipation of the
slave as penalty upon theownsrw who should
bring him into the District of Columbia. and
there keep him with intent to selhim at some
future time and at some other place. II
j, needed not this recent evasion to make me
Gnalk n~GE.w = = =