Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-09-26

framed nPon the principle Of noninterveHtion
framed -nn 30 passed the Senate, but Of he
session, laid the House 81 Reoresentatiges The
only difference between Mr. Calhoun aod myself upon the
jet hen OF at ether time, th proposed that the
bill should recognise in dsclaaty form, Of the citizens
g. AZ Inc states t. 60 70 the common Territories with shsr
out Affirming or denying his position. proposed as
decided BY the which be readily
ing that the Souh lad such eatirs cofdenee the position,
Judicial construction Of tie Conststusn and er
rigAts an tie Territories The position Of Mr. Calhoun has
cis;on.
You will further observe that this 18th section of
the Clayton Compromise, while declaring that the
Territorial Legislature should pass no law respect
ing an establishment of religion or respecting the
prohibition or establishment of slavery" did not say
that the Territorial Legislature should not protector
that Congress should not protect if necessary, the
inhabitants of the Territory against interference in
the free enjoyment of their religion, or OF whatever
property umlsr the Constitution, they might
rightfuly carry there. Upon the contrary
the evident purpose of this Territorial bill to
secure to the people in the Territory Legislative
Executive and Judicial functionaries, whose bust
it should be, not to establish prohibit but to
protect the people of all the States who should go
there in whatever rights they might be entitled to
under the Federal Constitution. This was the kind
Of 'non-intervention which you sanctioned by your
vote in favor of the Clayton Compromise and sub
NIT it to your candid Judgment if it is in any wise
inconsistent with the doctrine upon which the large
majority of your old friends and constituents are
now urging the election of Breckenridge and Lane
You will further observe by this 10th section that
the first sentence expressly recognized the right of
Congress to change ''the legislative power of said
Territory" whenever it became necessary, and the
right of supervising its laws and of rendering them
null and void, whenever it was deemed advisable
by Congress- Where, then, was the sovereignty of
the Territory about which so much is now said by
the friends OF Mr.. Douglas and which that gentle
has since asserted in his Harper article as
complete as the sovereignty of State? Who has
ever dared to assert that Congress could supervise
the laws of a sovereign State? What was this ter
ritorial government, which you and Mr.. Douglas and
all the Democratic members in Congress were at
tempting to establish but the creature of Congress,
deriving al of its powers from Congress? And if
Congress could not prohibit slavery with what show
of fairness can Mr.. Douglas and his friends now
contend that its creature prohibit slavery; and
that to appeal to the Federal Government in all of
its departments for protection against such unau-
thorized interference would be denial of our former
doctrine that Congress cannot ''prohlbitn estab
fish" slavery?
Now Mr.. Douglas may have believed, as others
did, when he gave his sanction to this Clayton
Compromise, that in the absence of any
positive legislation establishing slavery in the
Territories it could not rightfully go there but he
could not have believed, that if, under the Federal
Constitution, the courts determined it had the right
to go there like other property, the Territorial au
thOrities established by Congress would have the
right to prohibit it, that it would be in conflict
with the doctrine Of Intervention on the part of
Congress in establishing slavery, to say that when
necessary, the Government should interfere to pro-
tect the Constitutional rights of the stakeholder
whatever they were, against any unauthorized and
unfriendly legislation the part of Territorial
Legislature. You say:
This Clayton ComprOmise first attempt to establish
the great conservative just and equitable principle nonne
ference with slavery by Congress in the organization Of Terrific
rial Il vas the great principle asked for by the
soun Tailed and lis failure source Of deep regret TO
the almost united South was the friend and supporter Of thu
bill aud the principle approved my
by my reelection to Congress in August, ls49.
By the great. conservative just and equitable prn
ciple OF this BILL denying the right both of Congress
and of Territorial Legislature prohibit establish
slavery, your constituents still stand But does Mr.
Douglas stand there! The veriest tyro in politics
knows that he does not but that he is maintaining
the power of Territorial Legislature to do exactly
what the ClaySon Compromise in plain words. de-
clared the Territorial Legislature should not do The
great body of your friends and former constituents
are still battling for these principles in their sup
port of Breckenridge and Lane, and it is a source
of extreme regret that you not able to realize
this fact and to stand with them in this important
crisis.
Your next reference, in support of your opinion
that the doctrine of non-intervention," and what
is generally known as "squatter sovereignty" are
one and the same, and that the Democratic party in
committing itself to the former thereby committed
itself TO the latter, is the Compromise measures of
1885, providing Territorial governments for New
Mexico and Utah, for which you voted. Your refer
ence in this instance is equally unfortunate. There
Is nothing in these Territorial bills authorizing the
Legislatures of Utah and New Mexico to prohibit
the Introduction of slavery, unless the Constitution
of the United States warranted it and the Supreme
Court in the bred Scott case have clearly decided
that there Is no such warrant in that instrument
The I'd section of the territorial act organizing the
government for New Mexico land the territorial act
for Utah is precisely the same) provides that lit
shall be received into the Union with or without
slavery their Constitution may prescribe at the time
of admission" The 9TH section provides "that the
legislative power of the Territory shall extend to
all rightfld subjects of legislation consistent 1Crh the
Constitution of the United States" and the provisions
of this act and that "all the laws passed by the
legislative Assembly and Governor shall be submitted
10 the Congress of the United States dnd1f diSdprroUed
shall be NIL and Of no effect" The 18th section ex-
tends "the Constitution and all laws of the United
States" over the Territory which not locally in
applicable Now where is there any "Squatter
Sovereignty" in this-any power recognised on the
part of Territorial Legislature TO prohibit slavery
from coming into the Territories like other property
to expe it after it gets there? The Constitution
and laws of the United States-the same which pro-
tects an American citizen in all his rights to life
liberty and property upon the high seas and every
where else that the American flag waves-was
extended this Territory, and the power reserv
ed to CongressY of revising and declaring null and
void any of its territorial enactments that might be
inconsistent with the rights of American citizens I'M
der the Constitutions means of governmental pro
lection against that very species of 'unfriendly le
gislation' suggested by Stephen A. Dougls in his
Freeport speech, whereby, he says, slavery may be
kept out of the Territories whatever may be the
decisions of the Courts hereafter"
l admit that yourself ard others did not believe
that when the question should be determined by the
Court it would deny to Territorial Legislature the
power of prohibiting slavery; but while leaving this
question open for judicial construction and pledgng
yourselves to abide by such construction, you com
mitted yourselves to the doctrine of Congressional
protection to the rights of the inhabitants of the Ter
rtOries, lcdeUer those rights might be, against the en-
crOachments of Territorial Legislature by express
ly reserving to Congress this power to revise and
aRnul any enactments that might be regarded as
unconstitutional oppressive. Congress has dlluauS
claimed this power of supervision and has exercis-
ed it for the protection both of residents and non
residents of the Territories against the encroacll-
ments of the Legislature In 1884 the Legislature of
the then Territory of Florida passed law inimica
the rights of nonresident citizens by taxing their
slaves high as to preclude their introduction
Congress was pettioned for relief and the subject
was referred by that body to a committee, who in
their report say:
The Committee think Congress should always protect the
property Of the citizens Of the United when Subjected 10
operation unjust legislation by the Territorial Govern
In the above referred that principle protection
asserted and maintained in practice The principle re-
ques the practice and for that purpose the
herewith report bill"
The bill thus reported annung the oppressive
laws of the Florida Legislature was passed and
then President This law of Congressional protec-
ton" can be found in the 9TH volume of Statutes at
Large D. 60 CHI Sc. This is the doctrine of the Gu
cinnati platform, expOunded by the Convention
that nominated Breckenridge and Lane and is utter
Iy at variance with the doctrine of 'unfriendy L.
gislatlon asserted by Mr. Douglas and his advocates
In the Congress that passed this law such men
as Clay, Webster, Calhoun, Benton, Clayton Ere |
linghuysen, VIM r. King, of Ala. Hugh L. White |
and Felix Grundy. Edward Everett, John Bell Bal
lie Peyton and Willard Fillmore ali of whom |
presume, voted for it.
Mr. Douglas has himself acknowledged the cor |
rectness of this principle. You will remember that
on the 9th of February, 1856, Mr.. Grow reported /
in the House, bill from the Committee on Terrific
ries, snnul certain acts of the Legislature of Kan
sas. These acts were known as test laws" When |
the bill reached the Senate it referred to the
Committee Territories, of which Mr.. Douglas /
was Chairman. On the llth of August he made |
report from that Committee, recommending as a |
substitute for Mr. Grows bill, one which had al
ready twice passed the Senate, and for which he
Mr. Douglas, had voted. Speaking of that bill, he
says in his report:
By the 18Th section Of the BILL twice passed the Sen
ate and now remains the Speakers table Of p
OF the House to enable it to become law Presdent
APPROVAL all the obnoxious laws which have subject Of
90 much censure and complaint, s1 eefsteaes
leaving in force in said Territory except are usual
proper and necessary in all civilized communities for The Tr
lection Of tte hberfg and property Your committee have