Year: 1859

South as in the North, and what he said at
Freeport he is not afraid to say at New Or
leans:


!, in common with the Democracy of Illi-
nois, accept the decision of the Sunremo
Court OF the United States, in the Dred Scott
case, as an authoritative exposition of the
Constitution. Whatever limitations the Con.
stitution, as eXpounded 10y the Courts, i'm
poses upon the authority Of Territorial Le.-
gslature, we checrfuly recognize and re-
spcct, in conformity with that decision
Slaves are recognized as property, and placed
on an equal footiug with all other property
Hence, the owner of slaves, the same as the
owner OF any other species Of property, has
Il right to remove to the Territory and carry
his property with him. 1t is rue that Il
question may arise after his arrival in the


Territory, how and to what extent his prop
erty is to be protected and encouragedg This


is question for the people of the Territory


to determine through their Legislature All


property is dependent upon the local legisla-


ton for protection. Congress has never vet


passed laws for the protection of any kind of


property-in any Of the organized Territories


of the United States Nor has Congress eyer


passed criminal code for any such Terrific


rcs All that Congress has done. or is an


thorized to do, is to institute Governments


Tor the Territories, providing them with Le-


glslatures through which the people could


govern themselves and regulate their own


domestic affairs While. therefore. the own


ers of slaves have a right to cmigrate to the


Territories, when they arrive their slaves are


subject to the local law to the same extent


and subject to the same limitations as any


other description of property Under this


view of the subject the question has been re-


peatedly propopounded to me whether there


were any lawful means by which slavery


could be excluded from the Territories in case


the people were irreconcilably hostile to its


existence. | have invariably answered this


question in the affirmative and in some in


stances have pointed out the means First


non action on the part of the Legislature an


omission to pass slave code, or to furnish


remedies and provide penalties for the viola
ton of the rights of property, would practi-
calIy exclude it from the Territory as effectu.
ally as constitutional provision against its
introduction. 70 this may be added the tax
ing power exercised by every legislative
body, in accordance with those principles
which are supposed to be productive of the
public good by those who are intrusted with
its exercise.


Nothing is more usual in the legislation of
the different States and Territories than to
exempt from taxation certain species of prop
erty, and at the same time to place rate Of
taxation upon other kinds of property 50
high rs TO impair its value, if not to prevent


It's use. 1t is not for ne to inquire in what
eases and to what extent Legislature may
'Xercise this power, harshly or uniustly. Ny
)hject is to deal with you with entire frank
less and to point out what may possibly be


he course of legislation in the Territories
lnder the Constitution and their organic
avs. | presume that no enc who has re-
lected seriously on the subject will pretend
hat the Withholding of all protection ofany
species ofproperty, particularly slaves, will
operate as practical exclusion. viii any
jf you tell me that slavery can exist in safety
md security in Louisiana, or any other slave
holding State without the protection of the
ocal laws? If you should to-day repeal all
aw protecting slave property in this State,
" furnish remedies for its violation, and pen
llties for stealing, would not that fact render
slave property SO insecure as to make it COM
laratively valueless? You may say, and with
,ntre confidence, that such course of legis-
alton is impossible in this and other Southern
States, for the reason that the welfare and
afety of the whole community forbid il.
such will be the case in all countries where
sugar, cotton, rice, and other kindred pro-
iuctions are staple articles. But a very diff
erent line policy may be supposed to be
productive of the public good in those lati-


udes and climates where slave labor is un-
ana where, for those reasons. the
people are opposed to its Introduction. Sup
pose this system of legislation should be
adopted by the people Of the Territories
where Is your rcmedy-what power have
you to reverse it? If the Territorial Legis-
ature should pass any law in violation of
the Constitution, it will, of course, be null
md void, and the Courts will so pronounce


il. But | apprehend there are means ly
which this result will he acknowledgements
which are not prohibited by the Constitution,
and therefore cannot be said to be unlawful
where the Legislature is vested with full


legislative power and authority not inconsis-
fent with the Constitution. \ distinction
should be drawn between the right of transit
and of entry into Il Territory with property,
and the use and enjoyment after it shall have
arrived at its point of destination. If slaves
are property, the right of transit and of en-
try into the Territory is as complete as the
right to carry Il Lale of cotton or ii cargo Of
liquors. When you arrive in the Territory,
and open them for sale and use, they imme--
iiately become subject to the local law, and
if that local law should, unfortunately, be
like the Maine liquor law, or
other Kindred enaetments, it will be the mis-
fortune Of the owner Of the property.


CALIFORNIA CONGRESSIONAL APPoRTIoNMENr.
The Nevada Journal has been estimating
.he next appOrtionment in Congress for this
State. 1t says that in 1860 we shall be en-
titled to five Representatives in the lower
louse Of Congress The number of Repre-
under the next apportionment
will be 234, and the total population of the
Union in 1860 will be but little if any, un-
Ter S0,OG0,0 900 The ratio will then be a
to about $4,000 inhabitants.
The present population of this State is esti-
mated by the State Register at 53S, 900, and
)y the time the census is taken in 1860 the
population will doubtless exceed 100000,


.