The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-07-25
Bufen, kA Z
Douglas ~

1t remains now to consider the question in
yolyed in the amendment proposed by the
Senator from Mississippi (Mr. Dayis.) That
question is, whether it is the duty Of Congress
to guarantee to the STAKEHOLDER, who shall re-
move with his slaves into the Territory OF the
his property in them SO long as it continues
to be Territory. Or in other words, whether
the inhabitants of Territory, during their
Territorial condition, have the right to pro-
hibit slavery therein.
For the purposes of this question it mat
tiers not where the power Of legislating for the
Territory resides-whether exclusively IN
Congress, CT jointly in Congress and the in
habitants, or exclusively in the Inhabitants OF
the Territory the power is precisely the
same-no greater in the hands Of one than
the other. In no event, can the Shareholder
Of the South be excluded from settling in such
| Territory.
But suppose that Congress have the right
! to establish Territorial Government only,
and that then, all further governmental con-
troll ceases can the Territorial Legislature
pass an act prohibiting slavery? Surely not.
| For the moment you admit the right to organ
| i've a Territorial Government to exist in Con-
cress. YOU admit necessarily the subordination
Of the people of the Territory-their DEEPEN
denee on this Government for an organic law,
to give them political existence.
1t is idle, however, to discuss this question
in this form. For if Congress possesses the
power to organize temporary governments, it
must then possess the power to legislate for
the Territories. If they may perform the
greater, they may the less the major includes
the minor proposition. Hence, Congress, has,
in all cases since the foundation of our Gov
eminent, reserved veto upon the legislation
of the Territorial Governments it IS ahso,
lutely necessary, in order to restrain them
from violations of the Constitution, and in
Engagements of the rights of the States, as
Joint owners of the public lands. II, there
fore an act of the Territorial Government
prohibiting slavery, should be sent up to Con-
, gress for approval, they would be bound te
! withhold it, upon the ground of its being ar
. act which Congress themselves could not pass
But suppose the right of legislation for thu
) ! Territory be in its inhabitants, can they pro
: hibit slavery? Surely not and. for reasons
similar to those which show that Congress
: cannot.
= The institution of slavery is guaranteed by
) the Constitution of the United States, and
Q has the. same protection thrown around
which guards our citizens against the granting
of titles of nobility, or the establishment of re
= ligion :; therefore Congress would be as mucl
f bound to veto an act Of Territorial Legisla
ton prohibiting it, as an act violating thes
G rights of every citizen ofthe Republic
But suppose, Mr. President, you have tn
right to prohibit slavery in the Territories @
the United States, what high political consid
n alton requires you to exercise it y? All mus
e see that it cannot be effected without produ
: cling a popular CONFUSION that will probabl.
dissolve Union.
: Sir. these things would seem to warn tn
|: South that the day is not far distant, whe
q she will be forced to stand firm upon her con
: stitutional rights.
e The whole history of public feeling an
opinion in the Free States, whether we 100
at the action Of popular assemblies or proceed
F ings Of their Legislatures, or to the course
II their Representatives in Congress, mourniull
warns the South that she must stand upol
her constitutional rights. trust sir, whe
e the crises comes, she is prepared to do 1t. =
m
:. But repeat the inference from all the visi
HE indications around us evidently is that tn
n fine has arrived when the South has no othe
+ alternative but TO stand upon her constltu
- tional rights
"a But further still. On the 4th of June last
$ Democratic State Convention assembled in tn
city of Milledgeville, at the call of the Char
n lesion Convention, to fill vacancies, if any eA
"a listed, in the Delegation of that State to tn
:, Democratic National Convention. This Geol
g eia State Convention consisted Of near fou
hundred delegates. The action Of the Sect
ders Mt Charleston was endorsed by an ovel
Of whelming majority-only forty-one voting
n the minority. This minority seeded, set u
l. a separate Convention, and accredited deli
gates to Baltimore. Mr.. johnson (Her'
IS chel W was one of the Seceders, and Il
Id Chairman of Committee that reported
he series of resolutions as follows:
n Resolved That we re-affirm the Cincinna
u Platform, with the following additional pr
positions:
40 LIST. That the citizens of tho United Stat
have an equal right to settle icih their pr
% neytg Of aay kind, in the organized Territeri
re Of the United States, and that under the
an cison of the Supreme Court of the Unit
States in the case Of bred Scott, which '