Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1860-01-04


pose at this point. If I understand the point DE-
tween the two Senator'S l would solve it in this
way no southern State has ever claimed that elther
Congress or Territorial Legislature was to estab-
lish slavery in erritory, but that slave property,
like any other property went there under the Con
stituton as matter Of curse, and, being there II
was entitled to the same protection as any other
property and tosllave it from whatever power gave
protection to other peoples property, whether 1t
came from the legislature or from the couIts. No
body as understand my own people, ccrtatny as
l understand myself, has ever claimed that this
government was in any way bound to establish sla-
very in Territory; but say slaves are property
under the constitution, and 80 as property like any
thing else to Territory, and there receive protec
ton as other property. That is all.
Mr.. Pugh. That is mere verbal criticism on
the word establish" l say any law to MAINTAIN
it. protect it. give it force of effect is establishing
it, according to every dictionary
Mr.. Brown. Not at all.
Mr.. Push. But the question want to ask the
Senator from Oregon is this: l understand him
now to say that Territorial legislature has no
power to establish slavery. Now, germane to the
resolution which have offered, will the honorable
Senator vote to abroyate so much of the laws of
New Mexico as establish slavery, on the ground
that they are wholly void?
Mr.. Lane. Mr.. President -
Mr.. Brown. protest against the assumption OF
the Senator from Ohio that there arc any laws in
New Mexico establishing slavery. l deny his pro-
position, and assert that th0re are no such laws;
but assert on the contrary, that slavery went there
under the Constitution. 1t went as horses went, as
COWS went, as dry goods went, any other proper
ty went and then the Legislature, in discharge OF
solemn duty, enacted laws for its protection. The
law which protects thing already carried into
Territory under the guarantees of the Constitution
does not establish it there Now, sir, if the Senator
from Oregon will allow me for Gne moment-
Mr.. Pugh. The Senator has got between me and
the Senator from Oregon. l will debate that with
him. We can have the statute of New Mexico here.
Mr. Brown Very we'll | assert that the laws
which protect dry goods, and the laws which plo-
tect animal property, do not establish such things
in the Territory as property but all these t4Rgs
come in, under the guarantees of the Constitutlon,
property, and being there they are protected as
a matter of course; and all that the Territorial Leg
islature of New Mexico has done is simply to pro-
tect that as property, which went there under the
guarantees of the Constitution.
Mr. Lane. Mr. President it is not my purpose to
discuss this territorial question l am tired OF 1T;
the country is tired of it; and hope that the dis
cussion of it will soon cease but it is so essential
in my Judgment that justice and right prevail that
feel it my duty to give my views in relation to the
rights of all the States of this country in Territory
while it remains in territorial condition. L have
the value of the Union and their devotion tout. No
man loves it more than | d. and no one would make
greater sacrifices to maintain and preserve this
Union. would do it at the moment when the coun-
try requires it. the expense of every drop OF bood
but to maintain that Union the Constitution must
be maintained its spirit, in its letter. and in its
meaning The principles of justice and equality
must prevail in this country, or there can be no
Union: Sir, as much as love this Union, as much
n. I am devoted IN it-and no one is more so than
myself would not ask to have this Union main.
tanned by the violation of the Constitution itself If
the northern States of this Confederacy could not
have equal rights with the southern States in the
Territories, and equal justice under all circumstan-
ces, would they remain in the Union? If we want
to preserve it. let be just do right deal fairly by
every portion of this country, and not hold that the
Territory belongs to the North. to free labor or to
the South, to slave labor; for it is not So 1t be-
Aongs equally to all all of them have equal right
in it; and would submit to wrong from the South.
Being northern man, would submit to nothing
that infringed the rights of the northern States in
the Territories of this Union No man would be
more prompt to resent wrong, Insult, or an lnds-
nifty, or injustice attempted to be pcrpetrated on the
northern States ny the South, than myself; and
while would submit to no wrong from that quar-
ter, | would ask them to submit to none from U.S.
intend to be Just by all to deal rightly with
the whole country; to know section but the Con-
stitution and the UnOn to carry out its provisions
Z and its guarantees and the rights which secured
by it to the States of this Conederacy. lido not
! how any man who loves the Union and the Consti-
tuition can discriminate between the sections of this
country, and pretend to say that the common terri
tory of all shall be given exclusively to free labor or
to Slave labor The citizens Of the States have equal
rights in the Territory while it remains in the ter
~;'"ria' condition; and when the people who inhabt
- I;-- t'-'- ~ is their