Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-03-10
BY TELEGRAPH.
Thirty-sixth oonEress---Flrsl session.

should own his land and cultivate himself what hi
owned. This generally speaking. was the condition
of society in the free States In the Southern States
a totally different condition existed and he quoted
n from Calhoun to show that in the Southern States
v there aggregation Of communities and notoi
I individuals. The master or owner Of slaves was
!, the head Of these communities and represented
himself capital and labor 1t was obvious that this
was the aristOcraey. The great mass Of the com
munty (he spoke Of the white men only were vir-
tuaiy governed and the masters, as heads of com
munlties, regulated and guided the policy Of the
states. The question was what was the duty of
Congress as the representative Of both sections
lie thought IT should prOm9te the interests of both
This might be sometimes difficult task as some
times their interests would conflict, but still he
thought it could be done.
1t would be impossible to induce either section to
adopt the social system Of the other but he believed
they could co-exist together.
The UEion was conglomeration Of seperate con
tedePates the institutions of which were protected
by their local laws. A State could not be slave
. hioding and free OF the same time Neither could
a Territory The question was, how they could ar
range their difficulties IN relation to the territories
The early Congress, under the provision Of the Con
stituton giving power to make all needful rules and
regulations in regard to the territories prohibited
slavery therein, cut off the slave trade one of its
MEANS and to prevent its extension, and Is be-
eYed that it would die out quietly without any act
Of abolition. The Republicans only propose to car
ry out this idea, and he said nothing in it should
excite alarm. The rule of action OF the early le-
gislaters was-where slavery existed, let it be-
where it did not exist prohibit it
He quoted at length from the Louisiana act Of
cession Of the Western territory of Georgia, &c,
show that the prOhibitOry power of Congress was
conceded and exercised. In the act Of the orgaui-
cation of Louisiana it was provided that no slaves
imported after 1898 could be introduced. This was
partial prohibition and conceded the power ofCOn-
gress. He thought the North and South should do
| as Lot and Abraham did-One go to the right and
the other to the left That was precisely the action
] in wi Missouri wa
the only plan to restore peace was to restore that
line.
Mr. Benjamin said that was the very proposition
| of the South in 1850.
| Mr. Collamer continued and argued to show that I
the compromise measures Of 1920 were passed on
| in the compromise 1850, and that taken together
they final settlement Of the slavery difficulty.
/ The agitation was renewed by the repeal Of that
compromise The South had no right to claim that
this line should extend over all the territories &C
quired afterwards, when it was simply meant to
cover the Territory then owned. This line was Just
| and proper and he commended that there would be
no special danger to the South in the election of
Republican President. He reviewed the provisions
Of the fugitive slave act and cOntended that it
not the same as the act of 1893 The law Of 1850
clothes the commissioner with final powers.
Mr.. MasOn-The constitution requires that fugi-
tives from service shall be delivered up. Does the
constitution submit any other question than he
held to service and did he escape? Not whether
rightfully or otherwise.
I. ]
When man was brought before commissioner
the question was, is the man fugitive slave! If
he was, take him back not for trial. No. This
was his trial
Mr.. Mason claimed that there no slave State
in the Union in which negro would not have
full and ample trial, if the claim was made, If he
We're not fugitive.
Mr. Collamer would not make an issue this
point He claimed that the decision was final for
all practical purposes. You might say that eat
ing house is free for man to get his dinner, but
what good does that do, if man says he has no
money? He referred to the speech of the Senator
from Georgia. Mr. Toombs, and denied that there
was any law in Vermont in conflict in any way with
the Constitution. Even if a law happened to be, it
would hardly justify the charge Of treason and per-
jury The States, SUCH did not adopt the COnsti-
tuition. The people had to meet and adopt it. This
is national government and If the States pass an
unconstitutional law, still it is no foundation for
dissolution of the Union. Certainly there was no
connection between such laws and the election Of a
Republican President. The judgment Of a court is
binding the parties in a suit. The United States :
were never party in the bred Scott case. The de- 1
cision of the Supreme Court therefore not bind
ing the people. Judging from the Democratic y
PLATFORM in regard to the United States Bank the q
decisions Of the Supreme Court are nOtsO mtalhble
He claimed that IN the Constitution Congress had
the right to regulate and govern the Territories,
and that there provision in it that Congress
shall not prohibit slavery. The South claims the Il
right to take slaves there because they proper
ty but the courts have decided that slaves are pTO
perty only by a local law. When taken out from !,
such locality they are not property. You cannot h
take slave to a free Stale and keep hun and sell
him. Slaves are not property there. SO they =
not property in the Territories where there is no
local law in reference TO them. Slaves cannot be "
held at common law and were never held lawfully.
In England slavery forced the colonies by Il
special statute against the common law. lie quoted
from the decisions of English courts TO show that
slaves not considered legal property, b4t if
slaves were property we had no right to take them
into the Territories for the Territories do not be-
long to the several States but to the people Of the
United States. If the Territories belong to the c
States, each has right certain portion of the b
land and if sold, to portion Of the money. THIS
Is not the case. i
Mr. Benjamin desired to reply. He thought the
Senator from Vermont has made mistake in his "
tory and wished to correct him. The Territory of
Louisiana acquired from France was exclusively
slave Territory When Missouri applied for admis-
sion, the North objected and asked division, when
all slave Territory, The South, weak and fool
ish yielded half when it might have claimed the u
whole. The next think was the acquisition Of Ter CT
ritory where there was no slavery, and the North
objected to the South having any share because 1t
was not slavery Territory. The South said continue
this line of division and the North objected, and
hence the North broi-e the contract Again in 1859 e
the North refused to abide by the geographical line,
and IN 1854 went back 10 the line again. Had the
North carried the line to the Western waters there
would have been no clamor to day. The South had :,
been right and generous the North exacting and ag
gressive, tyrannical and despotc. lie wanted to E,
know If the restoration OF the line all the Re q
publican party wanted. That party, if he under y
stood it, based on hostility slavery and would
again admit slave State. Who was the ex
ponent of that party? The Senator would admit
that these personal liberty bills wrong, but he NJ
undertook defend them passed to protect free
citizens. They were passed for no such thing, but Il
to keep the South from reclaiming their slaves He
conended that il the negro free he would have "
fair trial at the South. He claimed that the gov
eminent was a conferaon of the States and not, G.
the Senator from Vermont claimed, of the people,
The Senator from Vermont repeated a legal heresy b
in saying slaves not property, and claimed that
from the time when negroes first existed n Europe,
up to the time of the Somerset case, they were
always considered as slaves. It enough for 3
to know that slavery recognized by the cOnsti p
tuition Of the United States. If that Constitution
was changed, then the Union would be subverted. a
The South would rather give up the Union than the
Constitution.
Mr. Fessenden said it was too late nav, but at = Z
some other day he should notice what IS called the
legal argument of the Senator. \
On motion of Mr.. Gwln, the West Point bill was ii
taken up. h
Mr.. WigfaIl withdrew his former amendment in
reatIonsto mounted regiment Of volunteers for I
Texas, and substituted specifying the items de-
sired.
Mr. Fessenden said he was glad that the Senate
had before it the documents called for, but he
all satisfied that the appropriation should be
made. There is no recommendation from the Sec il
rotary of Var for troops at all. This man Cortnas "
making difficulty on the border of Texas, was after
all, Texan who had been convicted Of murder and
then allowed to 90 at large, because Of his political
influence. He got into private quarrel and then Z
went into Mexico and gathered a land and commit
ted outrages The officer at that station had got all
the troops he asked for Al
Mr.. Wigfan replied and censured Gen Twggs for
the removal of the troops He claimed that the
Secretary of War had made recommendation
Mr. Hemphill advocated the amendment, and
said that the President was Of the opinion that the
exigencies Of the public service required that it
should be adopted
The amendment was carried,
Mr. Hale offered another amendment, provoking
that when this regiment is raised the regular army
be reduced equivalenty, and the President be re-
CURED to disband them. Lost. '
Mr.. Branch offered a resolution, which was adept
ed instructing the Judiciary Committee to inquire
and report whether any legislation is necessary and
be adopted consistently with the Constitution to