Year: 1859

o 1erritOral Legislature passes laws 10 protect the
owners of horses &c. and refuses to protect slaves
hoao can the slareowners Of the South test the ques
taon Of soil and elimats' If they are excluded
from the Territory by the refusal of the Legislature
to enact laws for their protection, how in the langu
age of one of the resolutions of the Cincinnati
PLATFORM can the people of the Territory be admit
ted as State, with or without slavery" as they
may determine at the time of their admission p
Shareholders may go to the Territories, says Mr..
Douglas; but if the Legislatures of the Territories
should pass laws unfriendly to slavery, or should
refuse to protect slaves other property is protect
ed, there would De no remedy for the Shareholder
Is the Senator quite sure Of that? If the Supreme
Court can only try and determine the title to slave
in the Territories, provided in the Kansas
ka act; and if Congress protect the slaveowner
only when his slave escapes; and if the Territorial
Legislatures, claiming the right of selfgovernment,
attempt by unfrendly action, to exclude the slave
holders there no remedy? We do not believe
that Congress possesses the power to intervene and
pass slave code for the Territories but we do be-
licve the people of the States have the right under
the Constitution, to declare by the action of Con-
gross that the people or inhabitants of such Terri
tory, thus protecting one species of property and
deliberately egislating against refusing to protect
another, are incapable of sefgovcrnment, and unfit
to be clothed with such privileges have been con-
ferred upon them. If there is but one slave in a
Territory when Territorial government is formed,
and if no other slaves arc introduced from that
period up to the assumption of sovereignty by the
people, that slave is entitled to as full and as
perfect protection by the Territorial Legislature
any other property in the Territory. Is not that
so? If it is and if the protection referred to be
fused, or if the Territorial government should so
would not Congress be bound to repeal the organic
act under which the Territorial government exists,
and thus teach that people lesson of right and
justice, by sending them back to anarchy? 1t is
bad rule that will not work both ways. What
would the Southern States do if majority of slave
holders in common Territory should refuse pro-
lection to property carried thither 10y Northern
man? If the property was such as was recognized
at common law and by the Constitution, and if the
Legislature of the Territory persisted unjustly in
egslating against it. in refusing such protection as
was indispensable to the enjoyment Of the property,
and if the owner could obtain no redress in the
Courts they would vote to repeal the organic law.
We feel sure they would. They would do justice,
though the might injnrnrsly atIart tl.-;-
interests. Let Congress do this but once, and We
shall have no further trouble with this question:
And if that body can remand State to Territori-
al condition, as it has done on several occasions
heretofore surely it can repeal its own acts organiz
ing Territories. Indeed, we have Judge Douglas as
authority on this very point. Not long since he
intimated that the best remedy for the nsubordna-
ton and evils prevailing in Utah, would be found
in repeating the act creating that Territory. But
we have no idea that Congress will repeal any or
ganc act. We have taken this view to show what
might be done as an act of Justice to the people Of
the States, who go with their property to the com.
mon Territories.


We believe with Mr. Douglas, that the Constitu-
ton of the United States "neither establishes nor
prohibits slavery in the Territories" The Consti
tuition is entirely compatible both with so-called
freedom and slavery. But if it does not establish,
it permits slavery 1t not only permits it, but il
recognizes slaves property in all the Territories
The very object of abrogating the Missouri restric
ton, was to let slaveowners in to the Territories
north of the line if they should think proper to 60
Whenever they go, and wherever they go, taking
their slaves with them, they are protected by the
Constitution as expounded by the Supreme Court
The Kansas Nabaska act expressly declares, after
rendering null and void the Missouri restriction
khof; ;e ;pfop oil In ipfo
Territory to exclude it therefrom, but to leave
the people thereof perfectly free to form and regu


late their domestic institutions in their own way
subject only to the Constitution of the United
| States" And, nasmuch it was apprehendet
that under the local law of the Louisiana Territory
| of which Kansas formed part it would be claimed
that slavery already existed, proriso was added
on motion of Mr.. Badger, that nothing hcreir
contained shall be construed to revive or put in forc


any law or regulation which may have existed prio


to the act of the 9th of March, 1920 1.-THE Missonr
restriction either protecting, stablishng, or abol
ishing slavery" This opened the Territory to al
the citizens of all the States. The South was will
ing to leave the Constitutional question, then un


tried, to the Supreme Court. That question ha


been tried, and decided in favor of the equal right


of the South with those of the North. Under tn
| Constitution and under this decision, slaveowne


has as much right to 60 to Kansas or Nebraska
with bis slave and to be protected in the use
him, as Northern man has to go with his horse
Slavery can neither be established nor abolished
until the people assemble in Convention to frame


State Constitution 1t eriss before this period, ant
is entitled to protection, simply because it is proper
ty. and is recognized such by the federal Consti


tuition. 1t may thus exist and be protected, AM
yet, when the people of the Territory assume sove
reignty, they may prohibit or abolish it. Th


right to establish it exists, and the Of the prop


erty is enjoyed; but it cannot be regarded as "es


tablished" or "prohibited" until the people &C


finally in State Convention. But Mr.. Douglas in


sists that the Territorial Legislatures may and cal


illegally control" slavery. That may be SO, bu
| +ho,, oo,n,t do Il nomst;tuti0nnlZu He also hold