The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-22
SENATOR CULBERSON'S SPEECH. {
His Address in the United States Senate OH
the Puerto RiCan Tariff.

institute or establish monarchy no such
power can be found among those spe-
clhcaliy conferred by the constitution or
derived by JUS. implication from them.
That IL Is the duty OF the Federal gov
ernmont to relieve itself from all RESPONSE
bilityN for the existence or continuance OF
slavery wherever the government possesses
constitutional power to legislate on that
subject. and II Is thus responsible for Its
existence.
That the true and 10 the Judgment OF
this convention the only safe means of pre-
venting the extension Of slavery into
territory now free Is to prohibit It's extern
sion in all such territory by an act OF
congress-
In 1852 the free soil convention. which nom
mated Hale and Julian, declared.
That governments deriving their just
powers from the consent OF the governed
instituted among men TO secure TO all
those inalienable rights OF life. liberty
and the pursuit of happiness with which
they are endowed by their Creator, and OK
which none can be deprived by valid leg
islation except for crime.
That the constitution of the United
States ordained TO form more perfect
Union, TO establish justice and secure the
blessings OF liberty, expressly denies to
the general govcrnmont-eall power to de-
prive any person of life, liberty or proper
" without due process of law, and there
fore the government having no more power
to make q slave than to make king, and
no more power to establish slavery than
to establish q monarchy, should at once
proceed to relieve itself from all RESPONSE
biliiy for the existence OF slavery &her
ever IL possesses constitutional power 10
legisste for It's existence.
That to the perseyeriug and importunate
demands Of the slave power for more slave
States, new slave Territories ard the ma
tienalzation OF slavery, our distinct and
final answer iB 10 more slave States, no
slave Territory, no nationaaod slavery.
and no National legislation for the extra
ditlOn of slaves.
ny H. mi l.
nois tMr. Cullom read, in support OF the
proposition that the constitution does not
apply to the Territories, one of the plauks OF
the republican platform adopted in 1856 but,
like the argument which has been made on
the other side Of the chamber from some of
the decisions of the supreme court, he fails
to read all that was said upon the subject,
Another plank OF that platform, %hich he did
not read. ! beg TO call to the attention OF the
senate:
Resolved. That, with our republican
fathers, We hold it TO be a self-evident
truth that all men are endowed with the
inalenabc rights to life liberty and the
pursuit Of happiness, and that the primary
object and Interior design OF our Federal
government were to secure these rights to
all persons within Its exclusive 1urisdic-
ton. that as our republican fathers. when
l, they had abolished slavery In all our Ma
tional territory. ordained that no person
should be deprived of life, liberty or prop
erty without due process OF law, It be-
comes our duty to maintain this provision
Of the constitution against ali attempts
to violate 1t for the purpose Of establish.
ing slavery In the United States by post
tive legislation prohibiting its existence
or extension therein hat we deny the
authority of congress-, Of Territorial leg
stature, OF any md 5idunl or association
OF individuals, to give legal existence ~
slavery in any Territory OF the United
States while the present constitution shall
be maintained.
Mr. President / now come to the republl
,laYF .1,f. lV.R l..
pressly approved Tn his letter OF acceptance
and | call the attention of the senate TO til
explicit declaration that the fifth amendmen
TO the constitution Of the United States apple
| to the Territories, and consequently. tina
congress could not establish slavery there
| That the maintenance OF the principles
| promulgated in tho Declaration of indie
! pendcnce and embodied In the Federal CON
| stltution, THAT all men are created equal;
that they are endowed by their Creator
with certain inalienahle rights; that among
| these are life. liberty and the pursuit OF
! happiness, that to secure these rights
| governments are instituted among men,
| deriving thoir Just powers from the consent
| Of the governed is essential to the pres
| eryation OF cur republican institutions;
and that the Federal constitution, the
rights OF the States, and the Union OF tho
| States must and shall be preserved.
That the new dogma, that the constltu-
tiou OF its own force carries slavery into
| any OF all of the Territories OF tho United
| at Variance with the explicit PROVISIONS
| Of that instrument itself, with coutempo-
raneous exposition, and with legislative
| and judicial precedent: is Evolutionary
IN its tendency and suhversivc Of the peace
and harmony of the country.
Bear in mind, now MIR, President, IN
lcigbth declaration ot tho convention TIL;
non irated Mir, Lincoln for president:
That the normal condition OF all the
territory OF the United states is that OF
freedom. that as our republican, fathers,
when they had abolished slavery IN all our
| National territory, ordained that mo per-
son should be deprived Of life, liberty or
property without due process of law. it
becomes our duty by legislation, when
ever such legislation is necessary, 10
| maintain this provision az the constitution
against all attempts TO violate IL, and we
deny the authority Of congress. OF Ter
ritorinl legislature or OF any individuals
TO give legal existence TO slavery In any
Territory OF the United States.
So u seems, as Insisted upon at the outs'
that every political party which was organic
IN the United States In favor OF the aholltlt
OF slavery declared that the NTH amendmc
Of tho constitution exended of its own for
10 the Territories and was operative thei
land that congress could not establish slave
in the Territories because Of the constitutio
No act OF congress pretended to extend [
constitution 10 any Territory until 1850.
| do not know whether u is wise In the
days 90 quote from Mir. lincoln. but beg
coil the attention OF the senate. ncverthele,
United States extended not only to the Tie
ritores but TO tho District Of Columbia
well | read from the nrst volume OF I
Speeches. Letters and state Papers OF Abr
ham Lincoln, compiled by Nicoiay and llu
; lpago 4lG;
, Now, propose to show. In the teeth OF
, Judge Douglas rtdicule, that such dc
! csion does logically and necessarily fol,
low the bred Scott decision. IN that east
! the court holds that congress can legls
J late for the Territories in some respects
and In others II can not; that II can moi
prohibit slavery la the Territories be-
= cause to do SO would Infringe tho right
Of property" guaranteed 10 the citizens by
I the fifth amendment to the constitution
which provides that mo person shall b,
e deprived OF life. liberty or property with
out due process OF law Unquestonahl,
. there is such o guaranty In the constitu
ton, whether or not the court rightfull>
apply II in this case.
4 I propose to show, beyond the power o.
) bubble, that that guaranty applies with
all the force, " rot more, to States thar
IL does to Territories. The answers e
two questions hx the whole thing. NJ
whom is this guaranty given, and against
whom does II protect those 10 whom II Il
gigeng The guaranty makes no distinction
between persons In the States and thos,
In the Territories. II Is given to person,
In the states certainly as much as, IL no
mo person" under the shadow OF tn,
constitution, shall be deprived OF life
liberty or property without due process,
Of law. Against whom does this guaran,
- protect the rights OF property No
against congress alone. but against IN,
world against State constitutions an(
laws, as well as against acts OF congress.