Year: 1860




A few weeks before the meeting of the
Charleston Convention. Judge Reagan, of
Texas, in speech delivered in Congress,
said:


Gas have spoken OF the power Of Con- -ress TO
protect slavery in the Territories, must say
word or more to avoid being misunderstood /
have SAID Congress has the power, and that cir
cumstauces may render the exercise OF that power
necessary But am not discussing the question
now aud do not wish TO be unders' ood as saTing
there is any necessity for its exercise at this time
Slavery is not expected to 90 into Washington or
Nebraska Territories aud hence no laws are nec-
essary for its protection there II now exists to
| limited extent in New Mexico and Utah. In New
Mexico the Territorial Legislature has passed the
necessary laws for its protection and IN Utah
there is no complaint of want Of additional pro,
! lection. This covers all our Territories, ana
shows that no legislation is aow accessory on the
| subject"


The above extract, presents two points
worthy of notice First it is claimed that
Congress has the power to protect slavery in
the Territories That is as much as to say,
that it is the duty of Congress thus to legis-
late, if occasion requires 1t is not contended
by the Seceders that it is the duty of Con-
gress, to intervene for the protection of any
other species of property. While making no
distinction in property, and claiming that
slaves are on the same footing as any other
kind of property, they demand of Congress,
special law for the protection of slaves, ig-
norng the fact, that the Democratic party
and the South have hitherto, denied the ju-
risdietion of Congress in regard to the pro
lection of any other species Of property. But
we are told that the Federal G Government will
protect slavery in the Territories if necessary.
Certainly, no one will claim that the Judici-
airy will award any greater amount of pro-
lection to slaves than TO any other species of
property and slaves being admitted to be
on the same footing as any other kind of
property, it follows that if the Territorial
Legislatures, have the right to legislate on
any property at all, they have the right to
legislate on slave property Hence if the
Territorial Legislatures can tax any property
they can tax slaves 1t is folly then for the
Seceders TO tell US that the the Territorial
Legislatures cannot pass laws relative to
slaves, when they admit that slaves and 9th
er property are an the same footing. But
suppose Congress were to pass slave code
what then? We will answer by quoting
from a late address to the Democracy of Vir-
ginia


''We conted that the exercise of such power,
| fit were lawful, would be physically impractical
blo.


"No observation is more common or more true
than this that no law can be executed which is
not upheld by local public sentiment. duellist
| cannot be convicted of murder in Virginia a
Charleston jury will not proclaim the stave trade
piracy Mobile jury refused to condemn fill
clustering American juries will not punish the
murderer OF seducer-and the list might be
greatly extended. For analogous reasons it is
| absurd to hope for the enforcement of slave code
| IN free soil Territory more especially when we
remember that the law was sought to be enforc-
ed is the distasteful mandate Of foreign legisla-
ture."


We quote again from the address, to show
what Southern men believe, would be the
effect upon slave holders. both in a political
and pecuniary sense, were they to take their
slaves into free soil territory


at being generally conceded that it is the duty





slavery as the people may determine, the inter
| ventlon OF Congress could have no other effect
than to induce Shareholders to take their property
| into territory where, at a period more or less
remote, It would be destroyed with a certainty
| and ruthIessness proportinnate to the oppostion
oil the people to the intervention of Congress And
morever, II Intervention is TO last no longer than
during the territorial condition, the property of
the STAKEHOLDER will become valueless prsciseiy at
the instant that it rises into political influence as
an element OF representation in Congress"


BY free soil territory, we mean territory
not fitted for slave labor. OF course no body
believes that slavery viii ever continue where
it cannot be made profitable. The passage of
slave code however, would have the effect
to fill up the territories, such as Kansas, with
shareholders, thus establishing slavery for
time at least, when it ought not to exist. To
protect slavery, is virtually to establish it
And when We reflect that slavery established
in territory may be driven out after the
territory becomes a State, as would be the
case were the soil and climate are not fitted for
it, we can form some idea of what the condi
ton OF those Shareholders would be who had
been alluIed there BY that snare to the South
the slave code. In the extract from the
speech of Judge Reagan quoted above he
says the territories do not now require any
legislation by Congress. If they do not now,
when will they They are free to the slave
holders, and they could so and settle there
if they chose Perhaps they would if they
thought they could make it profitable, or that |
the territories would grow into slave States.
But there being no slave code the sluve-
holders are content to remain VIII ere thev
are.