Year: 1861

ers of Government are as distinct and as in
depen dent if there were no States. The pow
ers delegated to the National Government
On the other hand, the powers that are re
tanned by the States, and the people of the
States, are as independent of those as if there
was no National Government That it my
doctrine. am State-Rights man as well
as q National man; and the powers are
clearly defined defined in the book and de.
fined by the practical experience of seventy
years. | should like to see man bold
enough to say that, under the authority of
the Constitution, the General Government it
created could interfere with Slavery in the
States in any way, directly Or indirectly. l
believe in no such doctrine, and do not be
lieve there is anybody who holds it; at least
have never seen him, nor do believe there
is public man in the United States big
enough to obtain a vote for President that
would ever think of it, of whatever party he
might be. We have nothing to do with pro-
tecting it or disturbing it in the States; but
in regard 10 the Territories, do not agree
with the new fashioned notion. I believe
we have right to do either in the Terrific
ries. We havo right to govern the Terri
tories as we please. l do not agree in the
notion that this Government il trustee Of
the States for the Territories. never heard
of such doctrine until lately. The Senator



from Oregon (Mr. Laue) says he is for hav-
ing the equal rights of all the States in this
league. Why, Sir, they had an alliance in
Europe in 1815-1 think it was the treaty of
Vienna-where the five great powers agreed
together to take care of the rest of the world
and formed what was called "The Holly AL
liance;" and believe it is in being yet, and
that there was a talk of calling them togeth-
er to take care of Italy. That alliance con-
sisted Of England, France, Russia, Prussia,
and Austria. If either of those powers, du>
ring the last forty>fve years, had discovered
a new country, do you suppose it would give
up its own title to il, and say it held it for the
alliance? If a treaty of alliance for boun-
daries and the balance of power in Europe
bad defined stipulated powers, anything they
did they would do in common as we do; but
is there any power here to discover territory?
That is not one of the express powers grant,
ed in the Constitution, and on the theory OF
all these secessionists, when ship of ohm
Jacob Astor's discovered the mouth of the
Columbia River, and took possession of it,
that territory would belong to the State of
New York. The Constitution gives this Gov
ernment no power to acquire territory. Why
is not that territory New York's? The pow
er that discovers country by taking posses
sion of the mouth of the river, takes all the
slopes that run into it. That is the doctrine
If you got ihte mudhole anywhere you must
take all the country you can see. Upon this
idea, it would belong to New York, manifest
| ly; but it is a po wer incident to the national
and be boisted the stars and staipes there in
stead of the flag of New York. What right
have any of these other States to control Sla-
very in that territory by virtue of our being





ter moonshine. The territory belongs to the
Government of the UDited States as an Incl
dent of its sovereignty, and every sailor that
could hand-reef or steer would know what
flag to put up on discovered country with
out consulting any constitutional lawyers
1t would be the national flag, Ny friend
from Kentucky knows that. lie believes it..
We acquire territory in consequence of our
national sovereignty. There is no express
power in the Constitution for it. 1t is sn in
cdent to sovereignty, an incident to the war
and treaty making powers. We Gown the ter
ritoiy. The States have no more to do with
it than the Emperor of France-not bit
more and this Government has nothing to
do with their local affairs, except to protect
them. That we are bound to do. We have
given them guarties to take care of them, to
save them from themselves, if they have dis
turbances among themselves, and call upon
US; and we ought to do it. am ready to
do it if there is any disturbance. There is
no man here but is willing to prevent any
invasion of any State for the purposes of in
jury and annoyance, and to punish those en-
gagged in it, This was brought UP against
the Republican party. Everything that has
been done for the last twenty years is charg-
ed to the Republican party, which in my
State did not exist until four years ago last
May. That was the first meeting they ever
held there under their orgaization-rhe first
time they ever got together, When were the
Personal Liberty bills, which are said to be
an infraction of this treaty. passed? Massa.
chusetts is arraigned here every other day
for haYing passed Personal Liberty bills in
fracting the Constitution. Why, Sir, if they
are unconstitutional, they are utterly Void
Everybody knows that. But who passed
them? The first Personal Liberty bill that
has been bandisd about here all over the
Senate was passed when both Houses of the
Massachusetts Legislature were Democratic,
with Democratic Governor approving of it;
and the Negro Equality law passed the same
month. This Negro Equality bill came from
the fact that MASSACHUSETTS, tLst year repeal-
cd the law which forbade the intsrmarriage
Of different races. That was done by the
Democrats, and the next year the Democrats