Year: 1860

In the House of Representatives on the 18th inst.
Mr. Carter, Republican representative from New


York, made direct call upon the Southern 0ppo-
stion members to say whether or not they were in
favor of the passing of a law by Congress for the
protection of slavery in the Territories. The re-
sponses of Mr.. Quarles and Mr.. EtheIidge will be
found below:


Mr.. QUARLES. Yes, sir; am one of the SOUTH
ern Opposition, and |, for one hold that the people
of the State which have the honor in part to rep
resent have the right, under the Constitution of the
United States to move and settle on the common
Territories of the United States, and to carry with
them their slaves, together With thet other proper
ty; and should the Territorial Legislature enact
law depriving them of their lsgal and constitution
al rights in and to their slaves, then the persons
whose constitutional rights of property arc thus vi
olated, have the right, under the Constitution of
the United States, TO cshl on every branch of this
Government executive, judicial, and legislative, TO
protect them in their constitutional rights thus vio-
lated. But, sir, would not pass law protecting
these constitutional rights in advance of such viola
ton of them. necessity for this case may never
arise and presume never will, if as fondly hope,
peace and quiet again restored; and Iwould not
legisnte for remote contingency. And while |
wohld. maintain with unwavering hrnfness all the
constitutional rights of the South in relation to sla-
very, | believe that the further agitation of that
question tends TO no practical good to any portion
of our common country, and should therefore cease
both here and elsewhere; regarding the principle as
settled, that the people of the Territories, when
they come TO form constitution and establish
State government, shall decide the question Of sle-
very for themselves but not until then. But as
southern man. will never yield the abstract conSti-


utional right of my constituents to be protected in
their rights of property in our common Territories
- II a
they may choose to assert it,


Mr.. ETHERIDGE. | have heretofore, on this
hoor expressed legal opinion to the proper
ing and legal construction Of the Kansas Nebraska
bill. That opinion has been during this session,
ferred TO by a gentleman the other side, in
some inquiries heretofore submitted to my col
leagues. have said, as a lawyer, that in my judg
ment, according to all fair construction-by every
fair mode of constructing law or lanPuage-the
Kansas Nebraska bill on its face gives to the people
of the Territories the right while in territorial con-
dition, to form and regulate, they see fit their
own domestic institutions including slavery. was
a member of the Congress that passed that bill and
opposed it with NIL my power am assured, in
fact know il the cohtemporaneous construc-
tion put upon that bill by ALL least nine tenths
of those who voted for IT, know that afterwards,
in tho Thirty -Fourth Congress- distinguished mem
bers of the party that passed the BILL in their
places and declared this TO be the intent and true in
depreciation of the bill. have always held and
oppressed this opinion of the BILL and say now,
that any of the organized Territories organized
with the same or similar power 10 that which has
been conferred on Kansas and Nebraska, must have
this power while such organic act remains on the
statute book. And whenever such organized Terri
tory shall, byegisatve enactment, prohibit slavery,
| will never vote for congressional slave code 10
introduce slavery among Them against the popular
will of the people of such Territory


Before you can claim the right to do this you rlus
the action of Congress and change yourpres
ent legislation. say that when the people of d
Territory thus organized indicate their wish to have
slavery, they haze doneonlt that which they are
fully authorized by this act TO do. When they in
dictate that they do not want it as southern man,
looking to the real Interests Of the people represent
will never favor any action Of Congress which is de-
signed TO interfere with the legislative will of the
people upon that subject, while they living un-
der "A territorial law similar to that under which
Kansas and Nebraska were organized. | repeat
will not do it. would consider the consequences
resulting from congressional interference Of this
kind, under the circumstances have named as f.
nay injurious to the best interests of the people of
the Southern States and believe it would be in
bad faith to the people of these Territories for they
have been fully clothed with authority to do rs they
please in regard to IT, viii not elaborate the mat
tet ftither That ismy opinion, and in my judg-
ment it was the opinion Of most of those who voted
for the Kansas Nebraska bill.


Mr. CARTER. | understand the gentleman from
Tennessee to say that the people of Territory have
a natural, ndsputahle right to regulate these mat
tiers for themselves.


Mr. ETHERlDGE. J say that while the Kansas
Nebraska bill is the kapef the land aud while pot-
cal parties swear by it, will interfere with
anything the people may do in regard to the estah-
lishment or prohibition Of slavery in the Territories.