Year: 1860

portion of our country. The climate is
warm the soil is adapted to cotton it is
rich in mineral resources. I have no
doubt that slave labor could be used to
advantage in Arizona. I believe it could
be proftably used there for the produc-
ton of cotton. I saw the cotton fields on
the Gi]a in the winter of 1S4S I picked the
cotton out of the bolls, examined its DUAL
ity and texture, and found it to be fine.
Cotton can be grown and produced there
in abundance. Besides the cotton, slave
labor could be used proftably in the mines
OF that region, and in agricultural pursuits.
That being the case, representing, as do
a Northern State, I could not for one mo-
ment consent that the people of the South
should rush out theresas soon as a Terrific
rial government was organized, get pos
session of the Legislature, and by a sys-
tenn Of unfriendly legislation or unequal
taxation, undertake to keep the people Of
the North out of that Territory.


We would not submit to it at all; we
would say at once they have no right to
pass snch laws and [ believe any honest
court, such a one as would be sent to that
Territory, would decide such enactments
invalid, as violating that principle of
equality OF the States upon which this
government must rest. The principle of
equality Of the States must be maintained
Their equal rights in the Territories is so
clear to my mind that [ cannot imagine
how any gentleman can gainsay it. The
Territory is the common property of all
the States, and / am sure the Northern
people would not submit to any such sys-
tenn of taxation, or any such legislation in
a territory as would exclude them The
Northern Democracy are just and while
they would not submit to that course of
policy on the part of the South, they
would not attempt to excluce the South
by system to which they would not sub
nit themselves.


[ understood the Senator from Ohio, in
response to the Senator from Mississippi,
to say that the right was with the people
of Territory to establish or prohibit sla-
very.


Wei, Mr.. President desire to say that
the pelple OF the Territory have the right
to exclude, or establish, or abolish slave
ry. No such right is conferred on them
by the Constitution. | recognize the prin-
ciple of the equality of the States-their
equal rights in the Territories. Any man
has right to go from any State Of the
Union into the common Territories Of this





is recognized as property in the State from
whence he goes, and hold it in the Terri
tory while the territorial condition remains
and when the people of the territory come
to form State government, they have
right to say whether the State shall be
slaveholding or non-slavehoiding; and as
they decide, it is the duty Of Congress to
admit them. But 7 hold that the people
Of Territory have not a right to prohibit
slavery, and | would not agree that they
have the right to establish it; because the
territory is the common property of all the
States of this Union and every man, as
said before, has right to go there and
take with him his property, and enjoy that
property while the Territorial condition
exists; and if the Legislature of terrific
ry shall undertake, by legislation, to bar
the interests or the rights of any portion
of the Union, [ believe any honest court
will decide such legislation to be null and
void, because it is in conflict with the
Constitution of the United States know
my friend will say that from the court
there is an appeal to the Supreme Court
of the United States. With the decision
OF the Supreme Court the Democracy of
the North will be willing to rest.


Mr.. PUGH. Did I understand the Sen
ator to say that Territorial Legislature
had no right to establish slavery any more
than to prohibit it? [ heard him imperfect
ly at this distance and I want to know
if that is his proposition.


Mr.. LANE. My proposition is that
Congress has no power over the question
of slavery that they cannot, under the
Constitution, establish it in Territory,
or prohibit it and that a Legislative As
sembly in Territory deriving its powers
from Congress cannot do what Congress
itself cannot do.


Mr.. PUGH. Then you hold that a
Territorial Legislature has no power to
| establish slaverys


Mr.. LANE. No power to establish il
and no power to prohibit it; but that prop
erty goes there like all other property, on
an equal footing with other property, and
while the Territory is in a territorial con-
dition it has that protection which the
Constitution extends to it, and which an
honest court would give it, and the COM
| mon law of the country secures to it.
Mr.. President, it is not my purpose to
discuss this Territorial question. I am tir.
ed of it j; and | hope that the discussion OF
it will soon cease but it is SO essential in
| my Judgment, that justice and right pre-
vail that I feel it my duty to give my
views in relation to the rights of all the
/ States of this country in Territory, while
| it remains In a Territorial condition.
have heard gentlemen, Senators and 9th
ers, talk about the value of the Union and
| their devotion to it. No man loves it more
than do, and no one would make greater