Year: 1859

you get through.

 Mir. HUNTER. It is with extreme re luctance that say word on this sub;ec so unhapplly sprung up on the appropria tion bill, Of which stand here as the guar dian, very insufficient one as it seems: bu the course of the debate has made it necessar, tor me, Tn my own vindication, to saw , word or two in regard to this Nebraska Kansas act.

 l differ from the Senator from Illinois 1T regard to the bill, the history of its incep. ton, and what was intended by it. As understand 1t, we stood in this position | the southern Senators, 1 believe, almost without an exception, who spoke upon that question: know l did for one, as 1 have always done from the time first made my appearance on this hoor-maintained that the south had the right, under the consti- tuition, of protection of this property in the territories; on the other hand, Senators from the free States denied that right None of them would vote to give it to us; but there were a portion of the northern democracy who were willing to do this: they were willing to repeal the Missouri re- strction, and establish territorial govern ment there A bill was immediately Y drawn which left this right to the territories to legislate for the prohibition of slavery in abeyance. It neither affirmed nor disaf- firmed the power of the territorial legisla- ture to legislate upon this subject of slavery; but it provided very carefully and cautiously that any question arising out of it might be referred to the judiciary. As a proof of it, 1 will refer to some remarks 1 made myself upon that occasion. In the speech | that 1 delivered then, said:

 But it has been often said by those who admit that Congress has the power of go verning the territories that it is a power to De exercised, not in reference to the rights of the States, but in reference to the good and welfare of the people of the territo- ries. Now, if in exercising this power we are to be confined to the single considera tion of the good and welfare of the people of the territories, then 1 say, the whole sub ject of government ought to be left to the people of the territories. That is the true American principle If the only considera- tion which is to apply to their government be the good and welfare of the people of the territories, then they ought to deter mine all questions, in regard to their do- mestic institutions and laws. But, in my opinion, the government of these territories l ought to be administered with the double object of securing the rights of the States as well as those of the people of the terri tories, and to these last should be given all the rights of self-government which are consistent with the limitation, that they shall not interfere with the equal rights of the States, or violate the provisions of the constitution. With those limitations, all the power that could possibly be given to the people of that territory, ought to be given to them. All that portion of the power which Is to be exercised with view to their interests, ought to be exercised as they wish it. That, in my opinion, is the true principle

 "I know we have most high, distingush- ed, and respectable authority for the opi- nion that the people of the territories have a sort of natural right to exercise all power within those territories. It is not my pur- pose to raise an issue upon that question do not mean to argue 1t. do not wish to raise an issue with the friends of this bill, with those whom I am assisting, and who are assisting me, to pass this measure Nor will do it unless it should be abso- lutely necessary, which is not now the case For, happily the bill is so framed that 1t can be maintained, not only by those who entertain such opinions as 1 have referred to, but by those, also, who entertain opi- nions like my own. The bill provides that the legislatures of these territories shall have the power to legisate over all rightful subjects of legislation, consistently with the constitution. And if they should assume powers which are thought to be inconsis- tent with the constitution, the courts will decide that question, whenever it may be raised. There is a difference of opinion amongst the friends of this measure, as to the extent of the limits which the consti- tuition imposes npon the territorial legisla- lures. This bill proposes to leave these differences to the decision of the courts.- To that tribunal am willing to leave this decision, as 1t was once before proposed tC be left, by the celebrated compromise O the Senator from Delaware, (Mr. Clayton, a measure which, according to my under standing, was the best compromise which was offered upon this subject of slavery.- l say, then, that am willing to leave this point, upon which the friends of this bill are at difference, to the decision of the courts. ."-Appendir to Congressional Globe Thirty Third Congress-, Jirst session, pages 223, 224

 The case then stood thus: whilst the southern men maintained on one side (and l was amongst them) that they had the right to the protection of their property under the constitution, those from the free States maintained the opposite opinion.- There could have been no accord between them on that point; but the southern men, with some objection and reluctance, in or der to harmonize, did agree, as the only mode of getting the Missouri compromise repealed, if the territorial legislature at tempted to exercise the power, that the court should decide; and this they could do with perfect consistency, because they provided that whatever powers were dele gated to the territorial legislature should be exercised under the constitution In theil opinion, the constitution not only prohi- bited Congress from delegating power tc abolish slavery in the territories, but from exercising it itself Whilst they main tained that Congress had the power to go vern in the territories, they maintained that there was an obligation on Congress, i'm posed by the equality of the States, thai they should not prohibit the institutions O one State while they allowed those of an other; and that was the mode in which il was passed. The bill in itself was, in my opinion, compromise in which neither sa crifced principles, but left the whole ques tion in abeyance to be decided by the courts without taking from Congress the power to resume jurisdiction, if they should choose to do so afterwards. They retained a. much good as they could without raising those questions upon which there could have been no accord of opinion.

 Now, sir, l say it never was understood so far as had anything to do with the bill by the southern men who maintained tn, class of opinions of which am speaking that they were conferring on the territoria legislature the absolute power to deal witt | thiS Suliact Thav did not. l,,. .l ...o.,