The register. (Monroe, La.) 185?-1861, 1860-09-27
Then goias a. link b liuk, AevslQpane r
fhc NoueluGion. thew env:

Auo EA&WtS " properly 0x8 1nlSeo Wlt0 Inc
sof person, and placed on the came ground
~ the nth amendment OF te Constitution,
which provides that no person shall be depfiye1
Of life. liberty aud property. without due pro-
cess Of law. An act Of Congress which de-
prives cilizen Of the United States Of bis
liberty OF prosperity. merely because he came
himaelf or brought his property into particu-
lar Territory Of the United States, and who had
committed no offence against the laws, could
hardly BE- digntied with the name Of due pro-
cess Of law
" So. too. it will hsrdly be contcnded that
Congress coal1 by law quarter soldier in a
AOase in u Territory without the consent of the
owner. in time Of peace; nor in time Of war,
but in q manner prescribed by law. Nor could
they by law forfeit the property Of u citizen in
d Territory who was convicted Of treason, for a
longer period than the life of the. person con-
vict.d nor take private property for public
uas without just compensation.
% The powers over person ind property Of
which we speak. are not only granted to Con-
gress, but are in express terms denied. and they
are forbidden to exercise them. Aud this pro.
bibiticn is not confined to the States, but the
words are general and extend to the whole Ter
ritory over which the Constitution gives il
power 10 legislate, including those portions OF
1t remaining under Territorial government, as
,s.a,.s ~ ~ $3.50 ...;.,.;. -.
~ III 1En,s, Cas- NY ,.aa ' ~ ~;
w. ~ 80 ss smns.;.a,.. =, WV Wv. w.
concerned, on the same footing with citizens oi
the Statcs, and guards them w firmly and plain
~ against any inroads which the General Gov.
eosnsnt might attempt, under the plea OF impli
I'd Or Incidental powers: And If Congress it.
self cannot do this--ifit is beyond the power.
soals ,.:s ~ .as reuo.u. upse: :. VIII
.. ~. a' T W. ;esuue. .mas =. co.'" nos ~
sao Aesi ,s sots'n''ss''' W eAe'e.se ,
sus. ~ ."',a en,;,'r ~ power "a M"S .oeh,
s'vssn'n y, es'a s. ~ us au.nofiy' ~
s's'a'e LUZ PROVISIONS w '"e eo'ss't"''o"'
Again the courts say:
II; seems. however. to be supposed that there
IL difference between property in slave and
other property, and that different rules may be
applied to it il, expanding the Constitution OF
Tie UA:..d States. And the laws and usages
,vg natioua. and The writings of eminent jurists
upon the rcla ion ofm,stur and slave, and thei,
mutual rights and duties. and the powers which
governments my exercise over it, have beer
Iwelt upon in the argument,
And thy say that Tie idea got abroad
through the country through the speculation.
Of foreign political writer's. But the court
goes on to say that the rights Of persons and
property under American laws is defined by q
written constitution, and, finally, they say:
"1f the constitution recognizes the RICH, ii
property of the master in a slave, and make
no distinction between that description Of nro
pcrty and other property owned by citizen
M tribunal, acting under the authority of The
Unite States, whether it be legislative, execu
tive, or judicial has right to draw such dis
tinction or TO deny to it the benefit of the pro.
visions and guarantees which have been proyi.
led for the protection Of private uroperty
against the encroachments of the Government. y
And who will deny that u Territorial I,ppis.
lature is Legislative tribunal acting under The
authority Of the United States. .And no word
can be fund in the Constitution which gives
Congress greater power over slave proper,y
Ut which eutitcs property of that kind 10 less
protection than property of any other descrip.
ton, The only power conferred is the power
coupled with the duty of guarding and pro.
tecting the owner in his rights"
Now, tellow-citizens, what is the authorita.
tive decision Of the Supreme Court OF the
United States, to whom we agreed to refer this
disputed question about the power of the Ter
riteral Legislature. They decide that what
ever'territ0ry the Federal Government acquires
% trustees for the citizens Of all the States
with their property must enjoy it as common
citizens Of common States. Nothing else than
y sovereign being competent to define, deter
niue, or impair property. They declare that
the citizen enters the common Territories with
the Constitution in his hands. They declare
that the Federal Government can confer no
protection to the citizen beyond what tho Con-
stltulion has given. and they say sill hiss. can
1t authorize Territorial Legislature to exercise
powers which are denied to ilsel Then for
the purpose Of clinching the whole subject,
they go on and say, "tlc only power CONFER
red is tn, power coupled with the duty of
guarding and protecting the owner in his
rights They decide that no distinction eX-
lists between property--tllat property in slaves
IL recognized Ivy the Constitution of The United
States, aud that ther,, is no word in that in
strument which gives Congress power over it
That il the decision. Human language could
not he more complete or more plain, If the
Court had written as much about it rs polili-
clans have made speeches over the question.
have heard it said that The cas,, that went
to the Supreme Court of the United States.
was not the case which went from the Terri
tories. but case that went i,nm State, and
that therefore we are not bolnl by it until u
case arises iua Territory md is taken regularly
t, the Supreme Court of the l1oitrl States
That is in my MUD IL confession that we agreed
TO leave 1t 10 the supreme judicial tribunal nm
On any case properly arising aud coming before
that august body. II was proper caso. and
properly decided by tho Court II covers the
points Of difference between the friends of the
Nebraska bill. II is not candid, nor manly. nor
to attempt to dodge the results
Of that conclusion by saying tint that case
went from State and not from Territory.
Now, have slown You the point of differ
pnce hntVcan lie in that hill md tim nr,un,,nt