The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-09-05
Protection to Slave Property in the
Territories No New Doctrine.

phis Alalanche,) was one of the most talented
that ever illustrated the history Of this coun-
try. In the Senate that great trio, Clay, CAL
houn and Webster, were in the palmiest days
of their brilliant reputation. They had then
reached the acme of their fame. Amongst
their illustrious associates in that body at that
time were. Samuel Prentiss, Silas Wright,
Theodore Freelinghuysen, s. L. Southland,
.Tobn M. Clayton, VIM. G. Rives, John Tyler,
John Forsyth, Felix Grundy, Hugh L. White,
Alexander Porter, George Poindexter, VIM.
R. King and Thomas H. Benton.
In the House of Representatives there was
amongst others George Evans, Rufus Choate,
John Quincy Adams, EDWARD EVERETT,
Tristan Burgess, Churchill G. Cambreling,
WILLARD FILLMORE, Philemon Dickerson,
Horace Binney, Henry A. Muhlenberg, Will
liam Cost johnson, William s. Archer, An
drew Stevenson, Henry A. Wise, Lewis Will
liams, Associate Justice Wayne, Of the Su.
preme Court, Richard Fl. Wilde, Richard NJ
johnson, Robert P. Letcher, JOHN BELL, Ba.
liza Payton, David Crockett, Thomas Corwin
Edward A. Hannegan, Clement c. Clay, Sr.
Dixon, II. Lewis, and John Mckinley.
The Executive Administration was no less
distinguished Andrew jackson was at its
head.
Lewis McLane, Roger B. fancy, Levi
Woodbury., Lewis Cass, and VIM. I. Barry
were in the Cabinet.
At this period in the history Of our coun-
try, the Legislature of the then Territory o.
Florida, assailed the property of nonresident
citizens of the United States by taxing their
slaves to an excessive extent, so as to preclude
their introduction. One of the very devices
suggested by Judge Douglas, by which, Ter
ritorial Legislature may exclude slavery nc
matter what the Supreme Court may decide
James NJ. Garnett, NJ. Garnett and Maria ID.
Garnett, of Virginia, were sufferers by this
exercise of Squatter Sovereignty by the Ter
ritorial Legislature. They petitioned Congress
for its protection.
The petition was referred to Committee
Of nine, five of whom were from the free
States, and at the head of which was the
celebrated Lewis Williams, of N. c., fol
many of the last years Of his service the oil
| dest consecutive member Of the House.
| Their report will be found in the officia
volumns, being No. 258, First Session Of 23rC
Congress.
1t is as follows
February 18th, 1884.
HMr. Williams from the Committee on Ter
ritories, made the following report,
"The Committee on Territories, to whicl
was referred the memorial of James M. Gar
nett, NJ. Garrett, and Maria II. Garnett, Q
Essex county, Virginia, report: .z.,4
"The memorialists allege that they are tn
owners of a-number of slaves removed sever
al years ago from Virginia to the Territor
of Florida that the Legislature Of said Ter
ritory has imposed tax of ten dollars hea
on all slave of non-residents which shall
hired out. without reference to the amour
for which said slaves may have been hired
that an er post facto operation was given to thl
enactment by applying it to slaves hired on
several weeks before the passage of the law
and that the same, or perhaps another law
subjects any non-resident's slav es that may
sold in the Territory to a further tax Of fiftee
dollars each. They therefore ask Congress
for relief"
"The Committee are satisfied that the me
morialists are entitled to relief. 1t is certain
ly against the policy Of the United States, &
well as the dictates of common justice, to a
low any Territorial Legislature to tax tt
property of non-residents higher than tl
same property of resident citizens"
"The provisionary authority appointed III
der the Act of 23d of February, 1919, havin
T passed an ordinance providing for the natural
zation of the inhabitants of Florida, and Il
City Council of st. Augustine having impose
Il hxyo prisnauoo aorfoip 70 the inhQh
tant, an Act of Congress was passed on Il
7th Of May, 1922, repeating both ordinance
and making the execution penal."-(See u
J vol. Laws Of the United States, page SO, cha
86.)
The Committee think Congress should a
, WAYS protect the property of the citizens
j the United States when subjected to Il
operation of unjust legislation by the Teri
torial Government. In the case above r
ferred to, that principle of protection is asse
ted and maintained in practice. The san
t principle requires that same practice now, al
for that purpose the Committee herewith r
port Bill"
The bill IA rannrtad passed tho -eensras
whose distinguished character we have pc
trayed, without division, and ,oas approx
by President jackson on the 30h of June 1873
The law can be found in the 7th volume
Statutes of large, page SO, chap. SO. 1t is 70
lows:
Be it enacted By the Senate and House
REPRESENTATIVES of the Uuited States of Amer
ca in Congress assembled, That all such &C
or parts of acts passed by the legislative coul
Gil of the Territory of Florida as may impo
higher or greater tax on the slaves or 9th,
property of nonresident citizens than isin
posed on the slaves or other property of res
dent citizens be and the same are hereby, r,
pealed and declared null and void.
SEC. g And Be it further enacted, That
any person shall attempt to enforce any of Ii
acts or parts of acts passed by the legislatiy
council of the Territory of Florida as afort
said, by demanding or receiving any tax, i'm
position, or assessment authorized or present.
ed thereby, such person shall, on convictio
thereof be punished by fines not exceedin
two hundred dollars, or by imprisonment nc
exceeding six months, or either or both {
said punishments.'
The Washington Constitution, in comment
ing upon it, says This law establishes as
fact that Democratic Congress intervene,
for the purpose of protecting property in Ter
ritory against the unfriendly legislation of tn
Territory, and that intervention was approved
by Andrew jackson. The report of the com
mittee above cited, which in 1884 met the un
animous approval of the Democratic Presi
dent and the Democratic party in Congress
assert the same principles which are recog
nized by the Supreme Court of the United
States, by the resolutions of the Senate, ant
by the platform reported by majority Of thu
States at Charleston and adopted by the
Convention at Baltimore which nominated Mr.
Breckinridge for President, viz:
"FErst That the government of Terri
tory organized by an act Of Congress il
provisional and temporary, and during its ex.
/ istence all citizens of the United States have
an equal right to settle with their property il
| the Territory without their rights, either O
person orproperty, being destroyed or in.
iured by congressional or territorial legislation
"Seccnd, That it is the duty of the Federal
Government in all its departments to protec
the rights Of person and property in the Ter
rito7ies and wherever else its constitutional
authority extends"
The principle so asserted adopted and ap-
proved by the Jacksonian Democracy in 1884
| is utterly at variance with that other doctrine
that the people of Territory, during its ter
ritorial existence, have the right and may la,o-
fully exclude or efectually prevent the intro
duction Of slave property into the Territory by
unfriendly legislation enacted by the territorial
legislature, and when such legislation has
been passed, that Congress has no power to in
tervene for the purpose of protection, because
of qualified or absolute sovereignty in the
people of the Territory"
Breckenridge and Lane Meeting at
Sardis.
Alta Breckenridge and Lane meeting held
R.-.l.o -, Nfo-1ax- h. O7fh ct IN