The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-08-31
THE WEEKLY PIONEER AND DEMOCRAT.

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in reference to all other descriptions Of proper.
! ty; If they are competent to make laws and
| determine the relations between husband and
| wife, and parent and child, and municipal laws
affecting the rights and property OF citizehs gen.
orally, they are competent also to make laws
| to govern themselves in relation to slavery and
negroes"
With reference to the protection Of pro-
perry in slaves, Mr.. Douglas said
have q word to say to the honorable Sena.
tor from Mississippi (Ar. Davis). He insists
that am not in favor of protecting proper
| ty, and that his amendment is offered for the
| purpose of protecting property under the con-
stitution. Now sir, ask you what authority
| he has for assuming that? Do not desire to
| protect property because wish to allow the
people to pass such laws as they deem proper
respecting their rights to property without any
| exception? He might just as well say that
am opposed to protecting property in merchan-
disc, in steamboats,, in cattle, IN real estate, as
| to say that am opposed to protecting proper
| ty of any other description; for desire to put
them all on an equality, and allow the people
to make their own laws in respect to the whole
| of them"
Mr.. Cass said referring to the amend
ments offered by Mr.. Davis and Mr..
Chase):
"Now with respect to the amendments,
shall vote against them both; and then shall
| vote in favor of striking out the restriction in
the bill upon the power of the territorial gov
ernments. l shall do SO upon this ground.
was opposed, as the honorable Senator from
| Kentucky has declared he was, to the insertion
of this prohibition by the committee. con.
slider it inexpedient and unconstitutional.
have already stated my belief that the rightful
power of internal legislation in the territories
belongs to the people,"
After further discussion, the vote was
taken by yeas and nays on the amendment
of Mr.. Chase, and decided in the negative
yeas, %; nays, 30. The question recurring
on the amendment of Mr.. Davis, of Missis-
sippi, it was also rejected yeas, %; nays,
30. Whereupon Mr.. Seward offered the
following amendment:
"Neither slavery nor involuntary servitude,
otherwise than by conviction for crime, shall
ever be allowed in either of said territories of
Utah and New Mexico"
Which was rejected-yeas, %; nays, 33.
After various other amendments had been
offered and voted upon-all relating to the
power of the territorial legislature over
slavery-Mr. Douglas moved to strike out
all relating to African slavery, so that the
territorial legislature should have the same
power over that question as over all other
rightful subjects of legislation consistent
with the Onsfitution-which amendment
was rejected. After the rejection of this
amendment, the discussion was renewed
with great ability and depth of feeling in
respect to the powers which the territorial
legislature should exercise upon the subject
of slavery. Various propositions were
made, and amendments offered and rejected
all relating to this one controverted
point-when Mr.. Norris, of New Hamp.
shire, renewed the motion of Mr. Douglas,
to strike out the restriction on the territorial
legislature in respect to African slavery.
On the 3lst of July this amendment was
adopted by vote Of 80 to 19-restoring
this section of the bill to the form in which
it was reported from the Committee on
Territories on the 25th of March, and
comforting on the territorial legislature
power over "all rightful subjects of legisla-
ton consistent with the Constitution of the
United States" avthoM accepting african
Slavery.
Thus terminated this great struggle in the
af6rmance of the principle. as the basis of
the compromise measures of 1850, so far as
they related to the organization of the terri
tories, that the people of the territories should
decide the Slavery question for themselves
through the action OF their territorial legasla-
lures.
This controverted question having been
definitely settled, the Senate proceeded on
the same day to consider the other portions
of the bill, and after striking out all except
those provisions which provided for the Or
ganization of the territory of Utah, ordered
the bill to be engrossed for third reading,
and on the next day-August l, 1867
bill was read third time, and passed.
On the 18th of August the bill for the
organization of the territory of New Mexico
was taken up, and amendedso as to conform
fully to the provisions of the Utah act in
respect to the power of the territorial legis-
lature over call rightful subjects of legisla
ton consistent with the constitution" with.
out excepting African slavery, and was
ordered to be engrossed for third reading
without division and on the next day the
bill was passed-Y Yeas, q; Nays, 10.
These two bills were sent to the House of
Representatives, and passed that body with
out any alteration in respect to the power
of the territorial legislatures over the sub
ject of slavery, and were approved by
President Fillmore, September 9, 1850.
In 1852, when the two great political
parties Wing and Democratic-into which
the country was then divided, assembled in
National Convention at Baltimore for the
purpose of nominating candidates for the
Presidency and Vice Presidency, each con-
vention adopted and affirmed the principles
embodied in the compromise measures OF
1850 as rules of action by which they would
be governed in all future cases in the or
ganization of Territorial governments and
the admission of new States.
On the 4th of January, 1854, the Com
mittee on Territories of the Senate, to
which had been referred bill for the organ
ization of the Territory of Nebraska, re-
ported the bill back, with an amendment,
in the form of substitute for the entire
bill, which, with some notifications, is now
known on the statute book as the Kansas
Nebraska act" accompanied by a report
explaining the principles upon which it was
proposed to organize those territories, as
follows
.The principal amendments which your COM
mittee deem it their duty to commend to the
port, are those in which the principles estab.
| iished by the Compromise Measures of 1850, SO
far as they are applicable to territorial organi-
L. usnd