Year: 1859

having commcn interests, they ought
! to have common purposes. know
they have been divided, in some measure,
ty recent issues in the Democratic party.
They oHght to he especially wary at such Il
time, how they allow themselves to be
tempted, like boys, to display their agility
by catchingat every apple of discord which
the adversary may throw among thom.-
They should accept no issues which arc
cunningly devised only TO distract OF
such chamcteris the pretended issue of
o slave code by Congress for the territories.
When did the South ever ask for such
a code? We do not ", tit 1t is the
last thing that should be asked of CONGRESS-.
If rendered, we should accept the gift Of
no spch Trojan horse.


The proposition to reopen the African
slave trade has not yet attained strength
enough to divide the South. | regret.
however, TO see it introduced With great
Difference TO the distinguished gentlemen
who urge it, it seems to me as an another
Pandora sboX, without even hope at the
bottom. AS measure of public policy it
is altogether imprac;icablo at this time
The State gave the power to Congress to-
prohibit it; Congress has done so. I'M
til the obligation is cancelled South Caro-
lima will not put in the 'ea of nan est fac
tunn to her own bond - urged as no
litical issue in the South it will divide the
State Rights party from the Sabine to the
Potomac-trom the Atlantic to the Missis
sppi 1t becomes our wisdom, thcfore, in
the present condition of affairs, to let it
sleep.


The Territorial question hes recently as
sumcd shape so imposing on the public
mind that am no. permitted to pass it in


Lotus touch on The theory of the qucs-
tlou, and afterwards regard it practically.
There are two views of it, even in the Dem
ocratic party, almost diametrically oppo-
site, but mot supported by equal weight of
reason and authority. Our view is that
the lorritorS Belongs to the United States,
and the abst ute sovereignty over it is in
them; that it was acquired for the benefit
OF the people of the several States; that
the Federal Government holds it as trus-
tee Tor their common use until it shall
properly be associated with ihc other States
as co equal member Of the Union, and
that Congress has the exclusive right to
provide for its government; that the pow
er of Congress to lcgislatc for it under the
Constitution is exclusive that the m
chinery OF government to be employed for
the protection of persons and property of
those who may be authorized to take up
Their abode i'll the Territory, is at the dis
crcton of Congress, and for that purpose
Congress may lcgislatc directly if it choose
and appoint its own officers to carry such
legislation into effect, or may, if such be
the best mode, erect Territorial Govern
mcht there, and coufcr on the inhabitants
power to choose the members of a Lcgis


aturc, which is to act as an agent, created
and appointed by Congress, to pass laws
necessary and proper subject to the super
vision of Congress; that the power of Con-
grcss over the person and property of
citizen In the Territory is not dscretiona-
N but =" the Territory beinga part of the
United States, the government and the
citizens both enter it under authority of
the Constitution, with their respective
rights defined and marked out, and that
the Federal Government can exercise no
power over his person and property bcyoud
wnat that instrument confcrs, nor lawfully
deny any right which it has reserved -
that the Constitution denies the right to
Congress to deprive any citizen of the
United States Of his property without due
process OF law, and no act which deprivcs
citizen OF his property merely because he
takes 1T with him to any particular terrific
ry belonging to the United States, can be
dignited with the name eff due process
OF law > that if Congress itself cannot
do tins, it cannot authorize Territorial
government to do it, nor can the Terrific
rial Legislature itself do so, for in such
case it would be above the States, above
Congress, and above the Constitution
that" the right of property in slave is
distinctly and expressly affirmed in the
Constitution ;' that the only power con
terred on Congress over the subject Of sla-
veryls g the power coui ed with the duty
!ot guarding and protecting the owner in
bis rights" that every citizen of the Uni
ted States has the same right to carry,
hold and enjoy, in the common Territory,
every species of property which may be
recognised as property in any one of the
United Statcs; that ',whatever the politi-
cal departments of the Government shall
recognise as within the limits of the Uni.
ted States, the judicial department. is also
bound TO recognise, and TO toadministcr it in
the laws Of Che United States, so far as
they apply, and to maintain in the Terrific.
ry, the authority and rights of the govern
nent, and also tho personal rights, and
rights of-pronerty of individual citizens,
as Secuted by tie Constitution"


This brief extract indcufcs me yfcw of