The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-03-28
NUMBER Ia.

laws; 10 lilS that ODJ1lu OuI
constitutional rights. | say it in all respect
to gentlemen; but never can he brought "a
the point Of buying nay constitutional rights
, from any one. Sir we are entitled to have
our slave property protected, or we are not
If we have the right, it is your duty to res
pect it; to respect it without qualification II
we have no such rights, then we should make
no such demand. Now, what we demand is
respect for right guaranteed by the Consti-
tuition. What is il that the tariff party ask
I mat you VIII - .-s--7s yauf legislation as L
do them a favor have not understood that
the most jealous and earnest advocate of pro-
tective tariff ever claimed that Congress was
bound to afford them that kind of protection
but only that Congress might afford it. if Con-
gress thought fit Therefore the cases are not
q equal.
7 We are asked to give up an absolute
right. Is it quite modest to ask us to do this
Is it quite modest in Pennsylvania and New
Jersey, represented, as they are, upon this
floor, and by an overwhelming free-sol ma
joTity in the other wing of the Capitol, making
consistent and persistent war upon our slave
property; Pennsylvania, represented here by
a moderately active friend to the South and
to the whole country, Mr.. Bigler, and by a
warm and jealous opponent of slavery on the
other side of the chamber, Mr.. Cameron;
New Jersey, represented in the same way by
my honorable friend Mr.. Thompson and by
his colleague on the other side, Mr.. Ten Eyck; |
! Is il quite'modest in those States, who thus
make war upon slave property, to ask the
owners of that species of property to allow it
to be take for their benefit. What would
Pennsylvania think, what would New Jersey
think, if the South should ask their people to
submit to taxation, that our people might re-
aliZe larger profits upon their investments in
land and slaves? Suppose l had invested
100000 in plantation and slaves, and found
that it was not paying-that it did not yield
me three per cent. upon the investment: : how
long, let lie ask my friend from new Jersey,
Mr. Thompson or from Pennsy sylvania, Mr.
Bisier, and their colleagues On the other side
would Pennsylvania and New jersey listen
in patience to nay appeal that their people
should be taxed that l. might realize larger
profits And yet that is your appeal You
tell me that you have invested large sums of
money in manufacturing establishments, mills,
| and machinery, and all that sort of thing, and
that your profits are very small and you ask
me to tax the people whom l represent,
through the agency of discriminating tariff
| laws to enable you to realize larger profits
AtAi7 JCN wv ~ pNHA, W AAAS va aAN AlAdhiIis
war on the very people who buy your goods,
and consume your ..lron and your coa'. Is it
modest? Can you really expect US to yield it
But sir, the protection which we ask is,
protection for the property itself; not that in
cidental protection which will enable us to
realize larger profits but the property itself is
| in danger war is levied upon it. and it is
| threatened with destruction. In this state of
/ things we come to the common Government,
and ask it to interpoSe its authority TO shield
our property, from destruction. Sir If your
cotton mills and your shoe factories if your
/ machinery, if your iron works and your coal
mines, were menaced by an enemy about to
| destroy them, to destroy the actual property
| itself, and you came to Inc as a Southern
! Senator and asked Inc what | would do /
| would say, eve viii send the armies ofthe Gov
! ernmenttQ protect Your property" If the pro-
peifJ K ia 3r,.itsssIs- istdrslI t.&s threatened
with destruction from my quarter, and they
! appealed to me to pass additioal laws for its
| preservation, would not hesitate an instant
| If it was threatened by the incendiary, if it
was threatened By mob violence, if it was inva-
| ded from any quarter, and was about to be de-
! stroyed, should hold it to be the duty ofthe
| Government to intcrpose, not only with its
armies, but, through its legislative authority,
dlIlIIliS COUitS anu dEIlliE Ilc
with all necessary power for your protection.
| repeat frequently, in order 10 be explicit.
That is all ask. My property is thus men
aced. 1t has already been driven out of Wash
ington, Oregon, California, Nebraska. Kansas.
and, TO a great extent, from Utah, receiving
protection nowhere but in the Territory Of
New Mexico. War is male upon it persisten
war war in the States and war in the Ter
ritores and when come to ask protection.
what do you tell me If will give you that
sort of protection 10 your manufacturing es-
adjustments, and your coll mines, and your
iron furnaces that win enable you to realize
larger profits, tkcn you will consider the pro-
position to protect my actual property, not my
profits, but the thing itself. | reject the pro-
position with scorn.
But sir, while it is admitted by Northern
men that we have not had justice exactly in
the Territories, that our rights have not been
respected as they should have been, they yet
tell US that we are not pursuing the right re-
medy ir the right way; that instead of COM
ing to Congress, we ought to 90 to the courts,
and there armed with the common law, and
the Constitution as expounded by the Su-
preme Court, we shall find adequate and suffi-
cient protection. l will pay my respects very
briefly to this argument of the Constitution
and the common law Before | proceed to do
So will send to the Secretary's desk, and
ask to have read, paragraph from the speech
of my honorable friend from Indiana, Mr..
Fitch.
The Secretary read as follows:
"But it is said Congress does not give this
protection, it can no where be found. From this
opinion dissent. Itcan be found in the COM
mon law. 1t now exists in KaRSas, under the
common law, without any Congressional or
other legislative enactment. If any species of
property has peculiarities rendering other than
a common law remedy necessary for its protec-
ton it is the duty of the local legislature to
grant that remedy. If such protection was
required in this District it would be the duty
of the territorial legislature to grant it-a duty
am unwilling to believe any territorial le-
gislature will seek to eyade. Certainly, there
is now no organized Territory adapted to sla-
very, and where it exists, or is likely to exist,
and where protection is consequently required
and is withheld. | know what my friend on
my right Mr. Brown has in his mind. He
would cite to me the late action of the Nebras-
ka territorial legislature as proof to the con-
trary. Mr.. Brown assents. / do not deem
it, for the reason that 10 protection was requir-
ed there; scarce single slave exists, or is
likely to exist, in that Territory and hence
the action of its legislature, in the enactment
of a prohibitory slave law, was mere mock
ery-a brt,tums fulmea-and vetoed as uncon-
| stitutional."
! Mr. Brown. My friend is very confident in
| the opinion that a remedy can be found in the
| common law. | intend to treat the Senator's
argument with every possible respect, and he
! knows that am incapable of treating him 9TH
| erwise than with marked consideration. But
| sir, when doctors get to talking about common
| law they are very apt to make mistakes.
have great confidence in my friends opinion
| so far as medicine is concerned, for he is doc
tor of medicine He will excuse me if say
| | have not very much confidence in his opin-
| ions as a lawyer, because he does not claim TO
be doctor OF law. IL wanted the treatment
| of a physician l know of no one would call
in sooner than my friend. Ifamputation was
| necessary, l know of no surgeon whom
| could trust to take OFT limb with more per-
| feet assurance than my friend But, sir, if
wanted case pleaded in court, involving ac-
| qualntance with the common law, he will
excuse me ifI say that would rather have
man who had dived little deeper in Cooke
and Blackstone.
This argument is so often used and has
| sunk so deeply INTO the puDnc mind, that
| feel, in the attitude which | occupy to-day,
called upon to meet it !; not only as it is pre-
sented by the honorable Senator from Indiana,
but as presented by others. lbelieve that the
| Constitution and the common law, unaided by
statutory law, do not afford, and cannot in the
nature Of things afford sufficient protection for
slave property in the Territories; and by way
of illustration, beg to make cases. Suppose
l go with my slave to Kansas, and he is de-
coyed from my possession, and taken, not into
Illinois or Indiana or any other non-slavehol-
ding State where it might be said could pur
sue him under the provisions Of the fugitive
slave law, but taken from the county in
which am domiciliated simply into an adjoin-
ing county-not stolen, recollect, but simply
! decOyed from my possession ;induced by signs,