The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1860-01-25

Fippi, to say that the right was with the people
of Territory to establish or prohibit slavery
Mr.. PUeH. Yes, sir So = ., BE '-1't-4 :
Dir. LANE. And to regulate their own do
mestic policy In their own way, in all respects
Mr.. zPUaHii think they have right to
do precisely what the Territorial Legislature of
Oregon did, and what was afterwards affirmed
by act of rCongressi they excluded slavery
there nj q s.1E, 81 80 '.. 7 sssas eds ...s: m
Mr.. LANE. Well, Mr.. President, L desire
to say that do not believe that the people of
Territory kaye a right to exclude or establish
or abolish slavery. No such right is conferred
on them by the Constitution. recognize the
principle Of the equality of the States-their
equal right in the Territories. Any man has
a right to go from any State of the Union into
the common Territories of this Government,
and take with him what is recognized prop
erty in the State from whence he goes, and to
holdit in the Territory while the territorial con-
dition remains; and when the people of the
Territory come to form State government,
they have a right to say whether the State shall
be slaveholding Or noD-slaveholding and as
they decide, it is the duty of Congress to ad-
nit them But hold that the people of a
Territory have not right to prohibit slavery,
and [ would not agree that they have the right
/ to establish it; because the Territory is the
common property of all the States of this
Union, anu every IudHI Siilu USlOlS lttS d
ght, to go there, and take with him his prop
erty and enjoy that property while the terri
toria] condition exists; and if the Legislature
of a territory shall undertake, by legislation,
to bar the interests Or the rights of any por-
ton of the Union, believe any honest court
will decide such legislation to be null and void,
because it is in conflict with the Constitution
of the United States. 1 know my friend will
say that from that court there is appeal to
the Supreme Court of the United States.
With the decision of the Supreme Court, the
North will be willing to rest ri i
2 Mr. PUGu Did understand the Senator
| to say that a territorial Legislature had no
right to establish slavery any more, than to pro-
hibit it Ilheard hin inlperfectly at this dis
! tance, and i want to know if that is his propo-9
sition. e haf p iT1s. f,t - -, y.
Mr.. LANE. Ny proposition is, that Congress
has no power over the question of slavery;
that they cannot. under the Constitution, es-
tablish It in a Territory or prohibit it; and
that Legislative assembly in a Territory, de-
rivihg its powers from Congress, cannot do
what Congress itself cannot do. ...a e. a.
Mr. PUGH. Then you hold that Terri
torial Legislature has no power to establish
slavery2'f a'l 1888 f" 'fi' 81 '.'- = .l
Nh. hxNE.- NO power TO establish It, and
no power to prohibit it; but that property goes
there ike all other property, on an equal foot
ing with other property; and while the Terri
tory is in territorial condition, it has that
protection which the Constitution extends to
it, and which an honest court would give it,
and the common Ian OF the country secures to
it. aaFsI -a- b -1 --a CHI ae .-a'' h-'f b"
Mr.. Brown. Allow me to interpose at this
point, If understand the point between the
two Senators, 1 would solve it in this way no
southern State has ever claimed that either
Congress or Territorial Legislature was to
establish slavery in a Territory, but that slave
property, like any other property, went there
under the Constitution as matter of course,
and being there, it was entitled to the same
protection as any other property, and to have
it from whatever power gave pro; ection to 9th
er peoples property, whether it came from the
legislature or from the courts. Nobody, as l.
understand my own people. certainly as un-
derstand myself, has ever claimed that this
government was in any way bound to establish
slavery in Territory; but we say slaves are
property under the Constitution, and go as
property like anything else to Territory, and
there receive protection as to other property.
That is all. 5-aa--e..- 30 e,aE
Mr.. PUGH That is "a mere verbal criticism
on the word establish - say any law to main
tain it protect it, give it force, or effect, is es
tablishing it, according to every dictionary 81 ]
Mr. Brown. Not at all. .,E -5 .t.s..s
Mr.. PUGH. But the question / want to ask
the Senator from Oregon is this. understand
him now to say that a Territorial Legislature
has no power to establish slavery: Now, ger
name to the resolution which l have offered,
will the honorable Senator vote to abrogate so
much of the laws of New Mexico as establish
slavery, on the ground that they are wholly
void ?i,,.1 na,tagt nj iHih'4 10 4'''17 O. $50
70 Mr. LANE Mr.. President -
Mr.. BRowN. I?protest against the assump- !
ton of the Senator from Ohio that there are
any laws in New Mexico establishing slavery.
deny his proposition, and assert, that there
are no such laws; but do assert, on the con-
trary, that slavery went there under the Con-
stitution. 1t went as horses went, as cows
went, as dry goods went, as any other property
went, and then the Legislature, in discharge
of solemn duty, enacted laws for its protec-
ton The Law which protects a thing already
carried inilo a Territory under the guarantees
of the Constitution, does not establish it there.
Now, sir if the Senator from Oregon will allow
me for one mement-4- - an1 ai n@i .ipi'i 17ii 1
I Mr. PUaH. The Senator has got between
me and the Senator from Oregon. I will de-
bate that with him: We can have the statute
of New Mexico here. q = D IN ''si
Mr. Brown Very we'll Iassert that the
laws which protect dry goods and the laws
which protect animal property, do not establish
such things in the Territory as. property; but
all these things come in, under the guarantees
iof the Constitution as property, and being
there, they are protected as a matter of course;
and all that the Territorial Legislature of New
Mexico has done is simply to protect that, as
property, which went there under the guaran-
tees of the Conctitution.l tps.f+frT
\ Mr. LANE. Mr.. President, it is not my
purpose to discuss this territorial question. II
am tired of it the country is tired of it; ), and
hope that the discussion of it will soon cease;
but it is SO essential, in my Judgment, that jus
tice and right prevail, that l feel it my duty
to give my views in relation to the rights of
all the States of this country in Territory,
while it remains in territorial conditie n. I |
have heard gentlemen, Senators and others,
talk about the. value of the UDion and their
devotion to it. ., No man loves it more than
do, and no one would make greater sacrifices
to maintain and preserve this Union, I would