, 1860-03-02

this way f.: no Southern State has ever
claimed that either Congress or Terrific
/ rial Legislature was to establish slavery in
"a Territory, but that slave property, like
any other property, went there under the
/ Constitution as a matter OF course, and, bc-
ing there, it was entitled TO the sane pro
lection as any other property, aud to have
it from whatever power gave protection to
other peoples property, whether it came
from the Legislature or from the courts.
Nobody, as l understand my own people,
certainly as | understand myself, has ever
claimed that this Government was in any
way bound to establish slavery in Terri
tory; but we say slaves are property under
the Constitution, and go as property Ike
anything else TO Territory and there re-
ceive protection as ether property. That
is all.
Mr. PuGH-That is mere verbal criti-
cism on the word establish" say any
law to maintain it, protect it, give it force
or effect, is establishing it, according to
every dictionary.
Mr. BRowN-Not at all 'H
Mr. Pueu-But the question l want TO
ask the Senator from Oregon is this : |
understand him now to say that Terrific
rial Legislature has no power to establish
slavery. Now, germane to the resolution
which | 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 ore wholly void ?
Mr.. LANE-Mr. President
e.. I 4Io
sumption of the Senator from Ohio that
there are any laws in New Mexico estab-
fishing slavery. | deny his proposition,
and assert that there are no such laws; but
| assert on the contrary, that slavery went
there under the Constitution. 1t went as
horses went as cows went, as dry goods
went, as any other property went, aud then
the Legislature, in discharge Of solemn
duty, enacted laws for its protection The
law which protects thing already carried
into Territory under the guarantees of
the Constitution, does not establish it there.
Now, sir, il the Senator from Oregon will
allow me for one moment
Mr.. PUGH-The Senator has got be-
tween me and the Senator from Oregon.
| will debate that with him. We can have
the statute of New Mexico here.
Mr.. BROwN-Very we'll | assert 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, un:
der the guarantees Of the Constitution rs
property, and, being there, they are pro-
tected as q matter Of course; aud all that
the Territorial Legislature has done is sim
ply to protect that, as property, which
went there under the guarantees of the
Constitution.
Mr.. LANE-Mr. President, il is not my
purpose to discuss thisTerritoTial question
| Om tired Of it; aud hope the discussion
Of it will soon cease; but it's so essential,
in my judgment, that justice and right pre-
vail, that | feel il my duty tojgiye my
views in relation to the rights Of oil the
States Of this country in Territory, while
it remains in Territorial condition, l
have heard gentlemen, Senators and ethers,
talk abeut IT, value of the Union and their
devotion to it. No man loves it more than
do, and no one would make greater sac
rifices to maintain and preserve this Union,
| would do it at the moment when the
country requires it, at the expense Of every
drop Of blood; but to maintain that Union,
the Constitution must be maintained in its
spirit, in its letter, and in its meaning The
principles Of justice and equality must pre-
vail in this country, or there can be no
Union. Sir as much as love this Union,
as much as / am devoted to it-and no one
is more so than myself would not ask
to have this Union maintained by the vio-
lation of the Constitution itself. II the
Northern States of this Confederacy could
not have equal rights with the Southern
States in the Territories, and equal justice
under all circumstances, would they remain
in tho Union? If we want to preserve it,
let us be just, do right, deal fairly by every
portion Of this country, and not hold that
the Territory belongs to the North, to free
labor, or to the South, to slave labor for
it is not so. 1t belongs equally to all T; all
of them have an equal right in it and
would submit to no wrong from the South.
Being Northern man, l would submit 10
nothing that infringed the rights Of the
Northern States in the Territories of this
OulOus ANO thoh OC AnOlS "
resent wrong, an insult, or an indignity,
or injustice attempted to be perpetrated on
the Northern States by the South, thau
myself and while would submit to nc
wrong from that quarter, would ask
them to submit to meme from us.
intend to be just by all; to deal rightly
with the whole country; 10 know no section
but the Constitution and the Union; to carry
out its provisions and its guarantees, aud
the rights which are secured by it to the
States Of this Confederacy. l do not sec
how any man who loves the Union and the
Constitution can discriminate between the
sections of this country, and pretend to say
that the common territory Of all shall be-
given exclusively TO free labor or to slave
labor. The citizens Of the States have
equal rights in the Territory while it re-
mains in the Territorial condition ; and
when the people who inhabit it come tc