The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-03-28
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lcOWu Couiu hhu tAe exact prouert,,
Icould bring my writ Of replcvin and recovsI
it but then, the same man who decovcd :
from me yesterday might decoy it away TO To-
morrow, and then suppose must bring
another action ofreplevin; and so / must 90
on multiplying my actions to all eternity, re-
covering my property one day, simply to have
it decoyed from my possession the next.
But suppose / cannot find the property it
is so secreted that cannot get at II, and John
!! Browns man, finding me in hot pursuit Of my
slave, secrets him. prove that he had him
in his possession, but cannot find him. What
then Isnppose | am told then l am to
bring an action of trover, or an action Of tres
pass, or some other action sounding in dam
ages, and that friendly court and jury
would assess me the full amount Of
damages So they might; but what will my
judgment be worth ifthe offending party hap
pens 20 be, as he would he nineteen times out
of twenty, an insolyent ? should have re-
turn of nul7a bond, and be compelled myselfto
foot the bill ofcosts | should have lost my
property, been engaged in litigious lawsuit,
recovered worthless verdict, and had to pay
the costs. This is your common law
No. Mr.. President the experience Of every
State in this Union, for more than one hun
dred years, has demonstrated the proposition
that slave property is not secure without sta
tutory laws. The Constitution has been in
in existence for seventy years the common
law has been in existence here ever since the
rolonic. adopted it; aud ngvUr, 1T any tims
since the adoption Ofthc Federal Constitution.
has that Constitution, aided only by the COM
mon-law remedies, afforded adequate and suf-
ficient protection TO slave property anywhere
The Senator goes on and says:
"If such protection was required in this
District it would be the duty Of Congress TO
grant it. lift is required in Territory, il is the
duty of the territorial legislature to grant it;
a duty which / am unwilling to believe any
territorial legislature will seek to evade."
However unwilling my friend may be to
believe that a territorial legislature would
undertake to evade the responsibility, the con-
viction forces itself home upon him when he
simply looks the facts in the face. What has
Nebraska done ? Within the last few weeks
she has passed bill, by large majorities,
through both branches of her legislature not
merely refusing to give protection to slave
property in that Territory, but absolutely ex-
pelling it from the Territory and it was on
| ly saved from becoming law by the active
nterposition Of the governor. The executive
veto held in suspense pos tive hostile act on
| the part of that legislature. What have we
| seen in Kansas? Kansas has not only refls-
ed friendly legislation for the protection of this
species OF property, but she has within the last
few days, passed law over the governors
veto, as | have seen it stated, of thirty 10 Sc
ven, absolutely expelling slave property from
the Territory. repeat, then, tn my friend
| from Indiana, that, however unwilling he may
| be 10 believe these things, stubborn facts stare
| him in the face and must force the conviction
home on him that the territorial legislatures
have not discharged, do not, and will not dis
charge their duty.
Certainly [saye the Senatorl there is now
no organized Territory adapted to slavery
| where it exists or is likely to exist and where
protection is consequently required, and is
withheld"
differ very widely from my friend from
Indiana. There is Just such a Territory it
is the Territory Of Kansas. There, not only
is protection withheld, but positive laws arc
passed prohibiting tho existence of slavery
there. Does my friend from Indiana take the
ground that Kansas is unsuited to slavery
have heard this argument of climate and soil
and production used so often against my ap-
peal for the introduction Of slavery into Kan
sas that l stand prepared to answer it.
Sir, where is Kansas Itis in precisely the
same latitude with the Capital in which
speak to day. The Capitol in which we are
assembled for legislation to-day is not ten
miles north or south of Wyanotte, the place
where Kansas lately assembled in convention
to form an anti slavery constitution. Does sla-
very exist proftably here Does it exist pro-
fitably all around us? Go into Maryland;
go into Virginia look into their planting in
terests, and come and tell me whether slave
~ does not exists in those States in the same
latitude, with greatly inferior soil, proftably,
and whether Il has not existed proiitahly for
two laIndred years I and yet We ere told that
it cannot exist in Kansas on account of cli-
mate and soil and productions. The climate
is the same the soil is virgin soil the pro-
ductions are the same. Here are five States,
one-third of all the slaveholding States, lying
in the same latitude with Kansas-Delaware
Mary Virginia, Kentucky, and Missouri,
containing slave population Of more than
million-States in which slavery has existed
since the early settlement OF this country, or
from the earliest introduction of the black
race on this continent; existed proitably at =
all times, and exists proftaby now. Still we
are told that slaves cannot be introduced into
Kansas, because the soil and climate and pro-
ductions forbid it. Sir, believe no such
thing
But what has been the course Of this terri
torial legislature, to commend ITSELF as it
seems TO do, not only TO republicans, but to
democrats What are the appeals to your
forbearance 1t passed n law, which have
in the volume before me, during the first year
Of its existence as Territory aiording posi-
tive protection to slave property. Three years
afterwards, as is shown by this volume, the le-
gislature repealed that law. The first terrific
rial legislature OF Kansas believed that slave
property needed protection and they afforded
it by positive statutory legislation. When the
aboltionists got the ascendency, they repeal
ed that legislation, and substituted nothing in
its place, thus practically carrying out the
doctrinces which the Senator from Illinois
Mr.. Douglas first predicted would be efficient
for the exclusion Of slavery from Territory.
He it was who first promulgated the idea that
non-action and unfriendly action on the part
of a territorial legislature would be effective
for the exclusion Of slavery. That doctrine
has been denounced; and by none more We
hemently than by the honorable Senator from
Indiana, f. Mr.. Fitch, and the honorable Sem
ator from Pennsylvania, Mr.. Bigler. tell
you, Mr.. Prt sident, and tell the country, that
the doctrines promulgated by the Senator
from Illinois are in full force in Kansas, and
that they have produced the precise result
which he predicted. Ny democratic friends
denounced these doctrines as do; but when
they are asked to apply the corrective, they
pause, hesitate, and finally abruptly refuse.
Having repealed all laws in the Territory.
for the protection of slave property, the atti-
tude of the legislature then became one of
non-action. The case up to that point stands
as though Kansas had done nothing. In re-
pealing her own statutes protecting slave pro-
perty she acted in an unfriendly spirit that
was unfriendly action. Thus, by the non
action and unfriendly action, suggested, say
again, first by the Senator from Illinois, we.
have been excluded from Kansas. Seeing that
state of things, l supposed that when i ask
ed my democratic friends who have been loud
in the denunciation Of that doctrine, as l have
been, to interpoSe and restore these repealed
laws for our protection, they would do it,
Instead of doing that, however, they tell me
to wait until by aud by, when very many
other. things have been shown, and they say
that then they will be ready to interpose.-
More on that point presently.
Ny friend from Indiana tells me that what
ever rights have under the Constitution and
the common law he is for protecting them,
seeing them protected in the courts Of justice;
in other words, il | can go to the courts and
obtain judgment based upon the common
| law and the Constitution, then he is for seeing
| the Judgment executed. This is about the
extent to which my honorable friend goes
| might also ask the Senator from New York,
Mr.. Seward whether he would not go as far
| as that whether even he would interpose ac-
lively to take away from me right guaranteed
| by the Constitution, and by the common law
| in force at the time when the Constitution was
adopted II i can establish a constitutional
right, unaided by his active interference
doubt very muchifth Senator were President
| whether he would not see the judgment in
my favor executed 1t will not amaze the
world much, then, il say that my gratitude
is not deeply excited by promises of this
| kind.