The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-02-01

ueut says.
81 deem it to be my duty once more ear
nestly to recommend to Congress the passag
of law authorizing the President to employ
the naval force at his command, for the pur
pose of protecting the lives aud property o
American citizens passing in transit, acros
the Panama, Nicaragua, and TehuantepeC
routes, against sudden and lawless outbreaks
ard depredations. | shall not repeat the ar
guments employed in former messages in sup
port of this measure. Suffice it to say that
the lives of many of our people, anl the secu-
rity of vast amounts of treasure, passing and
repassing over one or more of these routes
between the Atlantic and Pacific. may be
deeply involved in the action of Congress on
this subject
This and other passages show that the
/ President calls upon tbs Csngrcs:;l now n
Aseet S. :lsjz.s syesF u year, TO
act Eof the protection of property in Central
america and in the South American Spanish
States. 1t seems that it will not be time
enough (" to act in reference to these interests
" after the mischief is done." but you are told
to strengthen the arm of the Executive now.
What does the President say about the action
Of Congress?
"But, can Congress only act after the fact
after the mischief has been done? Have they
no power to confer upon the President the
authority in advance to furnish instant redress
should such a case afterwards occur? Must
they wait until the mischief has been done?
and can they apply the remedy only when it
| is too late?"
Sir, invoke you to take that language and
apply it to the subject of that protection which
I ask. ask you in the very words of the
President, applied to the difficulties in South
America, whether Congress cannot act now IN
reference to difficulties in Kansas; whether it
will not be too late to act after the mischief
shall have been done? If we can, in advance
Of the mischief being done,.as the President
contends strengthen the arm Of the Executive
for the protection of property in Central
America, | ask why you cannot, IN advance
of the mischief being further done, strengthen
the arm Of the judiciary and the Executive in
Kansas for the protec ion of our property
there Sir, shall go with the President and
with his friends here for further legislation to
protect the rights of others in Central Ameri-
ca l do not distrust the patriotism Of the
President; am not afraid to trust him with
an army and a navy to protect our rights in
Panama, Nicaragua, Mexico, or in any other
part of the habitable globe. | have great con-
fidence in his discretion, great confidence in
his patriotism, great confidence in his wisdom;
but while say this, claim the right to call
upon the President and his friends to strength
en- the arm of the Judiciary and the arm of
the Executive for the protection of my rights
in Kansas, and the rights of the people whom
/ represent.
lam told that there is no necessity for this,
that the Constitution, as expounded by the Su-
preme Court, aided by the common law, fur
nishes us all the remedy which we need
Does the Constitution, aided only by the
common law, furnish other people all the rem
edies they need? If so for what purpose
does Congress sit for what purpose do the
State Legislatures sit? The Constitution and
the common law are in force in all the States,
and whatever rights they guaranty, are secur-
ed; and if they furnish sufficient guarantees
to me, why do they not furnish sufficient
guarantees to others? What, Mr.. President
is the whole basis of legislation? Is it not to
supply remedies whereby you may secure
those rights guaranteed by the Constitution?
Whenever any man shows that he has con-
stitutionsl right, and comes to Congress, or |
.r,<z 49, tls- 7a,rsso-i@l tss' fz-, ..sszL
power which makes the laws, and says, |
there is my right want a guarantee, and |
sufficient guarantee by adequate legislation" |
he makes point which you must respect. |
That is what we ask; and it is all we ask. We |
come with the Constitution, and say this Con |
stituton guarantees us rights, and it gives us
no remedies we want remedies whereby we |
can assert and maintain our rights.
The Constitution, in express terms, gives to
the STAKEHOLDER right to pursue his slave into |
any of the free States Of this Union. to recap
tuTe him, and bring him back. 1t was right |
guaranteed by the Constitution in the Begin
ning-no more clear and explicit, however,
than the right of which speak to-day. What |
was that right worth until the Constitution
was aided by legislation? The right existed,
the common law existed; but neither the one
nor the other, nor both combined, gave to the
Shareholder any adequate or sufficient remedy.
Congress, during the first eight years of its ex-
istence, while George Washington was yet |
President, aided the Constitution by statutory
law. After fifty years of practice under it,
when the ingenuity of man had so circum-
vented this early statute of 1893 and it had
failed from the maladministration of its ene-
mies-what did Congress do? After fifty
years. Congress interposed and passed another
law. Why these laws? Did not we have
the Constitution Did not we have the Con-
sttution aided by the common law? And
yet, / repeat neither the one nor the other,
nor both combined, gave US any sufficient reme-
dy. We found the remedy for violation Of
our constitutional rights in the legislation of
Congress.
Then, sir, / say, in regard to this other
right, if it be right guaranteed by the Con-
sttution to carry my slave to Kansas, and
have him protected after get him there
and that it is so, the President affirms agree
ing in this with the Supreme Court-I want
10 know whether 1 am not equally entitled to
legislation for the protection Of the right to
secure me the remedies in that case, that |
vas in the other. Am any more in the one
,ase to be left to the naked Constitution, un-
.ided by Legislation than was IN the other?
viii you tell me that the Constitution, as ex-
bounded by the Supreme Court, aided by the
common law, gives me the only remedy that
am entitled d! The affirmation of the
Supreme Court does not magnify or in any
wise expand my constitutional right; it only
defines what the right is. If it had been ad-
mitted on all hands that had the right, the
Supreme Court would have been called on to
10 nothing. The court has given me no
right and supplied me no remedy which l did
not have before; it has simply affirmed what
was the right already existing.
Now, sir, having said this, ask gentlemen
IN all sides what laSthere is ID Kansas to-
lay, or in any other Territory, to N
IN the rights thus admitted to be d
common law and the decision of
secure me in rHhts, but afford md
lies. Sir, did not you have the comfASl law
md the decision of our courts for the rendi-
lion of fugitive slaves without legislation?
Did not you have the common law and the
lccision of courts for the protection Of rights
upon every other clause of the Constitution,
Without legislation Why was legislation
in these cases ? 1t was because
he common law and the Constitution, aided
oy the courts, were insufficient.
| will now, Mr.. President, with the indul-
,ence of the Senate, proceed very briefly to
how now it is and why it is that a court can
jupply us with no remedy, there being no
statutory law. The ordinary offenses against
his property as, in fact, against every other
pecies, especially if it be animal property,
ne of character not to be reached BY court
which has nothing to administer but the Con-
ititution and the common law. Suppose that
90 tomorrow with my slaves to Kansas
md some one or more of the vagrant follow
IFS of John Brown decoys my slaves from my
and secrets them, will some Sem
tor, who takes the contrary side from myself
ell me what is to be my remedy in that case?
i | ,
old that may bring civil action--an action
sounding in damages. So l may; but when
have recovered my judgment, as by mere
possibility | might, find that the offender is
nsolyent; what then? For my trouble, l
hall have the satisfaction of footing a bill of
,osts, and losing the nominal or other DANA
les that / may have recovered. Then, sir,
Iupuose some other man Of equally vicious
smper, sits down in close proximity to me,
nd sells spirituous and vinous liquors to my
laves-keeps them drunk all the time, pro-
iuces mania pOtu, renders them totally
sorthless as laborers and dangerous associates
Il want to know what is my remedy in that
.ase? Is that an offense known to the COM
non law or to the Constitution? Suppose
ome other comes and teaches my slaves sedi- ]
ion, tells them they are not bound to obey {
ny authority; tells them they are great fools {
o work at my bidding, and to abandon my
erYiee and go away. Is that an offense known
o the common law or to the Constitution? So
might 60 on and multiply these ofenses ad
afait1n. But Il these be offenses dangerous,
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