The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-05-30


which has 50 agitated the country. Fortu-
nate, indeed, was It for the public peace thai
law and religion had been previously decided
those questions on which men might reason
had been the foundation of judicial decision
before that which, it seems, drives all reason
from the mind of man, came to be presented
the question whether Cuffee should be kept
in his normal condition or not the question
whether the Congress of the United States
could decide what might or might not be pro-
perty in Territory. The case being that Of
an officer Of the army sent into Territory to
perform his public duty having taken with
him his negro slave. The Court however, in
giving their decision in this case-or their
opinion. if it suits gentlemen better-have
gone into the question with such clearness
such precision, and such amplitude, that il
win relieve me from the necessity of arguing
it any further to make a reference to some
sentences contained in that opinion. And
here let me say, cannot see how those who
agreed on former occasion that the constitu-
tional right of the stakeholder to take bis pro
perty into Territory-the constitutional
power Of the Congress and the constitutional
power of the Territory to legislate upon thai
subject-should be judicial question, can
now attempt to escape the operation of an
opinion which covers the exact political ques
ton which it was known beforehand the court
would be called upon to decide. Decided in
strictness Of technical language it was known
it could not be. Hundreds, thousands, a vast
variety of cases may arise, and centuries
elapse, and leave that court, if our Union still
exists, deciding questions in relation to that
character Of property in the Territories, but
-, 81 II -
ter thirty years of angry controversy, dividing
the people and paralyzing the arm of the
Federal Government, some umpire should be
sought which would compose the difficulty
and set it upon a footing to leave US in future
to proceed in peace and that umpire was Sc
lected which the Constitution had provided to
decide questions Of law. l ask my friend to
read some extracts from the decision.
Mr.. Chestnut read as follows, from the case
of bred Scott rs. Sanford PIP. 80, Sc, and 81
"Fhe Territory being a part Of the United
States, the Government and the citizen both
enter it under the authority of the Constitu-
ton, with their respective rights defined and
marked out and the Federal Government
can exercise no power over his person or pro-
perty beyond what that instrument confers,
nor lawfully deny any right which it has re-
served.
"The powers over person and property of
which we speak are not only not granted TO
Congress, but are in express terms denied, and
they are forbidden to exercise them. And
this prohibition is not confined to the States,
but the words are general, and extend to the
whole territory over which the Constitution
gives it power to legislate, including those por-
tons Of it remaining under territorial govern
ment, as well as that covered by States. 1t
is a total absence Of power everywhere with
in the dominion OF the United States, and pla-
ces the citizens of Territory, so far as these
rights are concerned, on the same footing with
citizens of the States, and guards them as
firmly and plainly against any inroads which
the General Government might attempt un
der the plea Of implied or incidental powers
And if Congress itself cannot do this-if it is
beyond the powers conferred on the Fed ira,
Government-it will be admitted we presume
that it could not authorize a territorial gov
eminent to exercise them. 1t could confer no
power on any local government, established
by its authority, to violate the provisions Of
the Constitution"
and Il the Constitution recognizes the
right of property of the master in slave, and
make no distinction between that description
of property and other property owned by a
citizen, no tribunal, acting under the authori-
ty of the United States. whether it be legis-
latiye, executive or judicial, has right to
draw such distinction, or to deny to it the
benefit of the provisions and guarantees which
have been provided for the protection of pri-
yate property against the encroachments of the
Government
afhis is done in plain woris--too plain to
be misunderstood And no word can be
found in the Constitution which gives Con-
gress 3 greater power over slave property or
which entities property Of that kind to less
protection than property Of any other des-
cription. The only power conferred is the
power coupled with the duty of guarding and
protecting the owner in his rights.
Upon these considerations, it is the OPT
Mon of the Court that the act of Congress
which prohibited citizen from holding and
owning property Of this kind in the Territory
of the United States north of the line thertin
mentioned, is not warranted BY the Constitu-
ton, and is therefore void and that neither
DreI SOFT himself nor any of his family were
zzSs.fs free by being carried into this territory
even if they had been carried there by the
owner, with the intention of becoming per-
manent resident"
Mr. Davis Here, then, Mr.. President, /
say the umpire selected as the referee in the
controversy has decided that neither the Con-
gress nor its agent, the territorial government,
has the power to invade or impair the right of
property within the limits of a Territory. l
will not inquire whether it be technically ade-
eision or not. 1t was obligatory on those who
selected the umpire and agreed to abide by
the award.
1t is well known to those who have been
associated with me in the two houses of Con-
gress that, from the commencement of the
question, have been the determined oppo-
nent of what is called Squatter Sovereignty.
/ never gave it countenance, and am now
least Of all disposed to give it quarter. In
1913 it made its appearance for good purposes.
It was ushered in by great and good man.
He brought it forward because of that distrast
which he had in the capacity of the Govern
ment to bear the rude shock to which it was
exposed. His apprehension, no doubt, to some
extent sharpened and directed his patriotism,
and his reflection led him to o conclusion to
which, doubt not, to-day he adheres as ten
acious as ever but from which it IS my for
tune, good or i'll, to dissent when his letter
was read to me in manuscript being, to-
gether with some other persons, asked, though
not by the writer, whether or not it should
be sent. At the first blush, / believed it to
be a allacy-a alIacy franght with mischief;
that It escaped an issue which was upon us,
which it was duty to meet that it escaped it
BY side path which led to greater danger
thought it falIacy which would surely be
exploded. doubted then, and still more for
some time afterwards, when held to dread
responsibility for the position which I occu-
pied-I doubted whether should live to see
that fallacy exploded. 1t has been more speed
lily, and to the country more injuriously, than
/ anticipated. In the mean time what has
been It's operation Let Kansas speak-the
first great field on which the trial was made
What was there the consequence ? The Fed
eral Government withdrawing control, leaving
the contending sections, excited to the highest
point upon this question, each to send forth
its army, Kansas became the battlefield, and
Kansas the cry which well nigh led to civil
war; This was the first fruit. More deadly
than the fatal upas, its effect was not limited
to the mere spot Of ground on which the dew
fell from its leaves, but it spread throughout
the United States it kindled all which had
been collected for years of infiammable mate
rial. Il was to the strength of our Govern
ment and the good sense of the quiet masses
of the people that it did not wrap our country
in one widespread confagration.
What right had Congress then, or what |
right has it now, to abdicate any power con-
ferred upon it as trustee Of the States What /
right had Congress then, or has it now, to
shrink from the performance of a duty because
the mere counters spread upon the table may
be swept of, when they have not answered
the purposes for which they were placed
What is it to you or me, or any one, when we
weigh our own continuation in place against
the great interests of which we are conserva-
tors against the welfare Of the country, and
the liberty Of our posterity to the remotest |
ages What IS il, / say, which can be count |
ed in the balance against the performance of /
that duty which is imposed upon us II any
one belieses Congress has not the constitu- /
tienal power, heaets conscientiously in insist
ing upon Congress not usurping it. If any
one believes that the squatters uponthe lands I
Of the United States, within q Territory are /
invested with sovereignty, having won it by |
some Of those processes unknown to history, /
without grant or without revolution, without /
money and without price, be, adhering to the
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