The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1860-04-11
= EQCAL -ItI6tTS IN TIE TERRITURIEN-
q SPEECH OF HON. ]. L. II. CURRY.
OF ALABAMA,
in the House of Representatives, March
18th 1890.
TcoNcLuoED FROM List WEEK I

The Illinois resolution but adopted Il sugges
ton of Jud.e DoUGLAs. in his attempted re-
joi der to The observations of Judge Bi: OK. in
his Han CT article. He quotes aud adopts a
dirfum taken from, an opinion Of Judge Story
} whose anti-sla,ery prejudice, and bias are well
known and IamCptcd, n the case Of l'rigg US
the Commonwealth of Pennsylvania, iha '.the
stofr # sIore,y rs deemed to be mere m""ic,-
pal rrYju!nfinn, fnun1ed uJ,nn, and limited to,
the range of territorial laws;'' aud thus he CO.
ineides with GiddIngs aud SUMNER. Cobb,
in his very learned treatise on slavery, by irre-
| fragable proofs, demonstrates that tie dictnn,
of Judge Story was not at all necessary tn tie
decision IF the ease, and is wholly unsnstained
by adjudications; yer it is greedily adopted,
and made the substratum of theory which
upsets recent decision of the same court, and
effcctuaIy excludes, if carried into practice the
South from the occupancy of tie common ter
| ritury. With bold assertion and Ingenious
sophistry the Dred Scott decision is evaded, in
part, and mystifel; while an assertion of a
Judge in another case is laid hold on to bolster
a theory contrary to the practice of the Gov
ernment since its organization, and utterly des-
structive of the rights of minority section of
the Confedcracy.s Whatever. may have been
| j udge Stpry's legal erudition-and it cy-
eloredian-he has never been regarded as an
authoritive exponent of democratic sentiment
or constitutional law. 1t may crafty some of
the special political admirers of the great ex-
| FOUNDER Of squatter sovereignty to know that
the son and biographer of Judge Story records,
| in his Life, that TIE Judge repeatedly and
earnestly spoke to his family and intimate
friends of this decision. from which Judge
| Douglas quotes arprovingy and complacent-
| ", as being ga triumph of freedom" The
bio.rapher argues that it judgment ad
verse 70 slavery, and "a triumph of freedom"
because it localized slavery, made il munich
pal institution OF the States, and not recognised
| by law. @
Slavery exists in the State where the owner
dwells. exists out of the State, exists in the
Territories eoists ere,yuhere. until it comes
within the limits Of sovereignty which pro-
hibits it. The Constitution, that profound
lawyer and statesman, Judge Berr;eu, argued,
| recognises slavery in free State; speaks of it
in such free Stafe. actual suLsistjng
,lrJf of service or labor. and prohibits the dis
caarge of the slave. If the Constitution re-
coenises slavery in Alabama. ard guoud hoc
in sovereign State furhidding slavery. DOES
| it deny nay title to a slave IN territory which is
cOmmo property
The treaty Of peace between Great Britain
and the United States, signed at Paris the
Sd of September, 1888, on the part of the
United States by three Northern m,n-Adams,
Frankl;n, and Jay-and which treaty was sub
sc0uenily by the Constitution. made the su-
preme law of the land, recognised ..pror, riv
in ;egroes." The Constitution of the United
States discriminatcs specially in favor Of slave
prop, ry; provides for its ir.t ase, for its per-
manrncy. for its s. curity. and fl its Yepres en-
tation in this body 1t reca ,nises property in
saves; and the Supreme Court has affirmed
our right to cmigrate to, and occupy with
slaves, the same common territory; and from
This recognition and guarantee protection is an
ir,nx hip r. M the .ISts the
sequence cannot be r,'s sted that the powers of
fhe Government are due TO iIs security do
not adult the right of Congress to cstab sh
Or to abolish slaveiy-tO cnIanciIate or to
slave. The affirmative power to establish is
not delegated and there are no inherent pow
ers in this Government The puwer to abolish
or exc us'e is not given. and The property char
acte: Of slaves includes them within one ot
the positive proi,ibiiinus ,i' the Constitution
All the power This GUverIm mt has, is to rec
oen,ze us property in the Territories whatever
Is recognised as such in the States; and, if
need be ut not otficiousiy and impertinently |
to adopt sIch regulations for its security
and protection as the nature IF the case may |
require. Congress catHot abdicate its author- |
ty. If 50. the executive and judiciary can do |
likewise. The Federal Govern emo mt, through h |
some or all of its depar; ni.nts must etognse |
and protect what the States ascertain and de-
Icl mi e 10 Dc pIOPtTiy. W dTS anu t tlleS are |
made to defend, and are, i'll many Instances,
dependent upon what the States decide 10 be
property. An American citizen whose slave
property is invaded nn the high seas can de-
nland protection of his Government; n forfi-
nri. when that rroiertyis endangered OH terri
tnry belong NJ 20 the Upiod ST. $. In the
languae of RS lutiou adopted by the A Ia
bama democraiic ceIA entioh in 1856, and re-
affirmed in lS60-the srnfiment of which was
IL |. I
in this Housc-the Souzh is entitled tn the
protection of its properly the States, in tie
Territories. and in the wilderness. where terri
torial governments are yet uuorganized =
To refuse it is to deny her equality IN the Re-
public and to fail TO flu FL the great purpose
for which governments are ordained
q 1t may not be amiss to sustain this CLAIM to
by high authority. The President,
crowning a long life of usefulness, PATRIOTISM.
and devotion to the Constitution, congratulates
the country upon the just settlement Of Il c
question of slavery in the Territories l.y the
Supreme Court aud asserts the right of every I
citizen to take his propa arty of any kind, inclu
ding slaves. into the common Territories, and
TO have it. 7,roferfed there under the Federal \
Constitution The Vice President, 50 justly
popular with the American people. vindicates
he same right One of the most eminent
awyeFs Of this or any other country. now an
longred member of our highest court in 1850
aid that 1.-The drctrine that the Government,
,olding the lower of peace and var. of ma
ny comracfs and alliances. nf. acquiring fer
itOries and inrming governments. owing no
luties to the property of fifteen States fhtise
Territories, is a proposition addressed TO the
.redulity of the South. and which 10 hing but
redulity tolerate" Mr.. Calhoun, wLo !
toOd-s .-:, -s- ..riss-1 -sIg.cas !:
Like great sea mark standing every flaw. !,
And saving those that eyed him. p isl 9s-4 I
n bis letter to Colonel Benton. writing of the '
harac'er end obj. ct of the Government. says: =
.Ifs rower and authority havirg for II cir obec "a
he more perfect protection ard promotion of tie
ighs and safefy of cnch ard ALL il is bound pro
rcf. by their uni cd rover 1be safe,y Il rieb
he tr1 pert sand e Interests ofiTe ciiizens Of a