Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-08-29
Suuatter Sovereignty Condemned by Gen,
jackson and Dem ScraLic Convention.

Jackson and a Democratic Convention.
The Poioer of Congress to protect Property in the Ter
ritOries Acknowledged and Ere1 ciSed-The Douglas
Doctrine of Territorial Sovereignty and U4Jriendly
Legislation utterly Repudiated.
We ask attention to the following facts taken
from the records of Congress during the session of
1884 Prior to the meeting Congress at the Decem
Der session, 1885, the Legislature of Florida which
was then under Territorial government had passed
laws imposing an Unjust and discriminating tax upon
slaves owned in that Territory by non-residents.
Several citizens of Virginia, injuriousy effected by
these Territorial laws, presented petition to the
Congress of the United States for relief. That
memorial was referred to the Committee on Terri
tories and on the 18th of February 1884, that COM
mittee made the following report which we COM
mend to the calm and dispassionate consideration of
every advocate of the doctrine of popular sovereignty
in the Territories:
THE memoralists allege that they the owners
of a number of slaves. removed several years ago
from Virginia to the Territory of Florida that the
legislature of said Territory has imposed tax Of
ten dollars head all the slaves of non-resdeuts
which shall be hired out, without reference to the
amount for which said slaves may have been hired
out that an er post tdco operation was given to
this enactment by applying it to slaves hired out
several weeks before the passage of the law,
and that the same. perhpas another law, sub
iects any nonresident slaves that may be sold in
the Territory to further taxation OF fifteen dollars
each. They. therefore, ask Congress for relief.
"The committee satisfied that the memoriasts
are entitled to relief 1t is certainly dgainSthe poicyof
the United States as lreU the dctEeS Of common JUS
tice to alo1U any territorial legislature to tar the prop
ertg of nonreSidentS higher than the same property Of
resident citizens
THE provisionary authority appointed under the
act of 22d February, 1919, having passed an ordi-
providing for the naturalization OF the lnhabl-
tants of Florida and the city council of St Augustine
having imposed by ordinance certain taxes upon the
inhabitants an act of Congress was passed on the
9TH of May, 1922, repeating both ordinances and ma
king their execution penal (See 9TH vol. Laws u.
S, page Co. chap. 86)
I" The committee think Congress should altcays
protect heprOperty Of the citizens Of the United States
loen subjected to the operation ofdn unjust legislation 6g
theteTrit0ria governments In the GbOUe referred
10 that principle of protection is asserted and maintained
IN practice. The principle requires the same
practice nOo And for that reason the committee here
'uiB report a BILL"
The bill so reported was enacted into law by
Congress, and was approved by President JACKSON
on the 3Oth Of June 1884. That law is fol-
lows:
BE enacted by the Senate and House of Representa-
tues of the United States Of america in Congress cS
Senbed That all such acts parts of acts passed by
the legislative council of the Territory Of Florida,
as may impose higher greater tax on the SlareS
or other property of nonresident citizens than Is I'M
posed on the slaves other property of resident
citizens be- and the hereby repealed and de-
cdred null and UOd.
CSC. 2 And be further enacted That any per-
son shall attempt to enforce any of the parts
of acts passed bv the legislative council of the Ter
ritory of Florida, as aforesaid by demanding re-
ceivlng any tax imposition, assessment authOriz
ed or prescribed thereby, such person shall,
lction thereof be punished by ne not exceeding ro hn-
bred dollars or by Imprisonment not exceeding sir
months or either or both Of said p,1liShmentS.'
When this law was under discussion in the House
Of Representatives, not single voice raised in
favor of the territorial laws or denying the power
he right and the duty of Congress to repeal them
for the purpose of protecting the property of cit
,ens in the Territories The doctrine that the peo
Die of Territory, acting through their territorial
legislature, had the power to pass such laws by
virtue of inherent Sovereignty was not then thought
IT, On the contrary, every member of the House
v no participated IN the debate, Mr.. Williams Mr.
White and Mr. Fillmore, all cOncurred IN denoun-
ing these territorial laws as unjust, Objectionable
md as passed without right. They say, in so many
words 1.-THE legislative council had no right to mass
uch a law" Congress did not hesitate to repeal the
obnoxious enactments and in repeating imposed a |
,enalty of fine and Imprisonment upon any one who
hould attempt to carry out the repealed laws | ,
They treated the acts OF the territorial legislature
With no more consideration and regarded them as |
Untitled to no higher respect than the ordinances of
municipal corporation. For what purpose was ,
his done? Clearly to protect the property OF the
itzens in the Territories against the unjust and un
friendly legislation of the people of the Territory
he principle asserted by those who advocated
nacted and approved this law, is the entire SUI
ordination of territorial laws to the power and
uthOrIty ofCOngress acting within its territorial
mits State legislature, in the absence of consti
utional prohibition in the State constitution NAV
discriminate between different kinds of property I
md fix the tax to be paid by each; it may exempt {
certain kinds of property from all taxation and OBJ
lge other kinds to pay an increased tax But this
,annot be done by territorial legislature because
he people of Territory not sovereign because
Territory is in a state of pupilage, is subject to
he Federal Government, and is especially under the
supervision of Congress.
But this law establishes as fact thata Democrat
congress interviewed for the purpose of protecting
property IN Territory against the unfrendly legis
alton Of the Territory, and that Intervention was
approved by Andrew Jackson. The report of the f
committee above cited, which in 1884 met the unan-
nous approval of the Democratic President and c
he Democratic party in Congress, asserts the same
principles which are recognised by the Supreme
court OF the United States by the resolutions of the
senate and by the platform reported by majority
# the States at Charleston and adopted by the Con
rention at Baltimore which nominated Mr. Breckin-
idge for President, viz: S
FIRST, That the government of q Territory or
-anized by an act of Congress is provisional and /
empOrary and during its existence all citizens OF the
United States have equal right to settle with s
heir property in the Territory without their rights
ther of person or property being destroyed or in
ured by congressional or territorial legislation,
Second That il is the ddU of the Federal Govern