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is a political organization, and there must be power somewhere to make laws, rules, and regulations, for its government, and defining the rights of persons and property within its jurisdiction. This power is in Congress, or in the people of the Territory. It must be in one or the other. It is primarily in Congress, but may be delegated to the people of the Territory. Under the popularSovereignty theory of General Cass, it is inherent in the people-at any rate, it is, and from necessity must be, in the law-making power of the Territory, whether that be Congress or the local Legislature. It is simply absurd to say that this power exists in the Legislatures of the thirty-one States, and that the law of each, in respect to property, shall be the law of the Territory; at least so far as regards those of its citizens who have removed thereto. The laws of the States differ in reference to what is property.

by which they were supported; and two are no longer numbered with the living; but, though dead, their works survive and their words speak; and I entertain no fear that, in the world of light and liberty to which they have been translated, they have seen any cause to change the opinions which they presented so faithfully and so clearly when they were upon the earth.

I will ask the Clerk to read the following ex.. tracts from speeches made in the Senate of the United States, by Messrs. Douglas, Cass, Clay, and Webster.

The Clerk read, as follows:
By Mr. Douglas, in 1850:

"But you say that we propose to prohibit by law your emigrating to the Territories with your property. We propose no such thing. We recognise your right, in common with our own, to emigrate to the Territories with your property, and there hold and enjoy it, in subordination to In Geor-the laws you may find in force in the country. Those laws, in some respects, differ from our own, as the laws gia, a black man may be property; in Maine, he of the various States of this Union vary, on some points, cannot be. In Virginia, there can be no property from the laws of each other. Some species of property in bank notes of a certain denomination, while are excluded by law in most of the States, as wel. as Territories, as being unwise, immoral, or contrary to the in Massachusetts there may be. Which of these principles of sound public policy For instance, the bank laws are to be in effect in the Territory? Clearlyer is prohibited from emigrating to Minnesota, Oregon, or none of them; and the emigrants from Maine, by the laws of New York, but ceases to be so when taken California, with his bank. The bank may be property Georgia, Massachusetts, and Virginia, must take into a State or Territory where banking is prohibited by the laws of the Territory as they find them; and the local law. So, ardent spirits, whisky, brandy, all the if they provide that there shall be no property in intoxicating drinks, are recognised and protected as propslaves, or bank bills, the slaveholder from Vir-erty in most of the States, if not all of them; but no ciuzen, whether from the North or South, can take this speginia and the billholder from Massachusetts must cies of property with him, and hold, sell, or use it at his alike submit; no injustice is done to either, and pleasure in all the Territories, because it is prohibited by there is no inequality. the local law--in Oregon by the statutes of the Territo ry, and in the Indian country by the acts of Congress. Nor can a man go there and take and hold his slave, for the same reason. These laws, and inany others involv ing similar principles, are directed against no section, and impair the rights of no State in the Union. They are laws against the introduction, sale, and use of specific kinds of property, whether brought from the North or the South,

or from foreign countries."

By Mr. Cass, in 1854:

property.

Since this doctrine, that slaves may be held in the Territories under the Constitntion without local law, and even against it, has come to be the central, distinguishing doctrine of the modern Democratic party, it concerns us all in the free States to examine it carefully, and see if it be indeed well founded-for in it are stupendous issues. Concede it to be the true doctrine, and "The second objection which I propose to consider, henceforth Freedom is sectional, and Slavery naconnected with this alleged seizure of the public domain, is, that a Southern man cannot go there because he cantional; and the Government, from being a Gov-not take his property with him, and is thus excluded by ernment of equal rights, for the security of liber-pecuniar considerauions from his share of the common ty and the propagation of Democratic principles, "So far as this branch of the subject connects itself becomes the possession and instrument of an with slaves, regarded merely as property, it is certainly overshadowing oligarchy, for the extension and true that the necessity of leaving and of disposing of ther perpetuation of the system of chattel Slavery up-state of things incident to all emigration to distant regions; may put the owners to inconvenience-to loss, indeed-a on the American continent. False and unsubstan- for there are many species of that property, which contial as this doctrine is, it is no part of wisdom for stitutes the common stock of society, that cannot be taken that reason to ignore its existence or importance. there. Some because they are prohibited by the laws of I fear that we are not aware of the strength ithibited by the laws of man, as slaves, incorporated comhas gained in the country-it is maintained by nearly every Southern man in Congress, and there are but few Democrats from the North who venture to dispute it. It was promulgated in the Cincinnati platform as one of the tests of political orthodoxy, and now we are congratulated by the President that it has been affirmed by the people in the recent election. It must be met, exposed,

and denounced.

nature, as houses and farms; others because they are pro

anies, monopolies, and many interdicted arucies; and others, again, because they are prohibited by staustical laws, which regulate the transportation of property, and virtually confine much of it within certain limits, which it cannot overcome, in consequence of the expense attending distant removal; and among these latter articles are cattle, and much of the property which is every where to be found. The remedy in all these cases is the same, and is equally applicable to all classes of proprietors, Carolina, and that is to convert all these various kinds of whether living in Massachusetts, or New York, or South property into universal representative of value, money, and to take that to these new regions, where it will com and whatever may be necessary to comfort or to pros

I rejoice that something of that work has already been accomplished, and that the Republiperous enterprise. In all these instances, the practical cans of this day have the benefit of the argu-result is the same, and the same is the condition of equalments and authority of some of the most influen-ity." tial and distinguished men who have figured in Such a principle would strike at independent and necessary legislation, at many police laws, at sanitary the recent history of the country. Two of them aws, and at laws for the protection of public and private are now members of the American Senate; and, morals. Ardent spirits, deadly poisons, implements of though they may have modified the opinionsgaming, as well as various articles, doubtful foreign bank which I shall cause to be read, I am sure they a new society, would be placed beyond the reach of legisnever have and never will answer the arguments Native interdiction, whatever might be the wants or the

bills, among others, injurious to a prosperous condition of

excluded or discouraged. I agree that slave labor does not necessarily exclude free labor totally. There is free white labor in Virginia, Tennessee, and other States; but it necessarily loses something of its respectability by

the side of, and when associated with, slave labor. Wherever labor is mainly performed by slaves, it is rere-garded as degrading to free men. The free men of the North, therefore, have a deep interest to keep labor free-exclusively free-in the new Territories.

wishes of the country upon the subject. For the consti-
tutional right by which it is claimed that these species of
property may be taken by the owners to the territory'
of the United States, cannot be controlled, if it exist, by
the local Legislatures; for that might lead, and in many
cases would lead, to the restriction of its value." **
"And we are thus brought to this strange, practical
sult: that in all controversies relative to these prohibited
articles, it is not the statute-book of the country where
they are to be held which must be consulted to ascertain
the rights of the parties, but the statute-bo ks of other
Governments, whose citizens thus, in effect, bring their
laws with them, and hold on to them."

By Mr. Clay, in 1850:

"But, sir, let us look further into this alleged inequality. There is no pretence that Southern people may not go into territory which shall be subject to the Ordinance of 17-7. The only restraint is, that they shall not carry slaves thither, and continue that relation. They say this shuts them altogether out. Why, sir, there can be noth"I take it for granted that what I have said will satisfying more inaccurate in point of fact than this. I under the Senate of that first truth, that Slavery does not exist stand that one-half the people who settled in Illinois are there by law, unless Slavery was carried there the mo-people, or descendants of people, who came from the ment the treaty was ratified by the two parties to the Southern States. And I suppose that one-third of the treaty, under the operation of the Constitution of the people of Ohio are those, or descendants of those, who United States. emigrated from the South; and 1 venture to say, that in respect to those two States, they are at this day settled by people of Southern origin in as great a proportion as the general numbers and proportion of people. South and North. There are as many people from the South, in proportion to the whole people of the South. in those States, as there are from the North, in proportion to the whole ern people; there is only the exclusion of a peculiar local law. either in principle nor in fact is there any inequality. "The question now is, whether it is not competent to Congress, in the exercise of a fair and just discretion, to say that, considering that there have been five slaveholdStates added to this Union out of foreign acquisitions, and as yet only one free State, whether, under this state of things. it is unreasonable and unjust in the slightest degree to limit their further extension? That is the question. I see no injustice in it. As to the power of Congress, I have nothing to add to what I said the other day. have said that I shall consent to no extension of the area of Slavery upon this continent, nor any increase of slave re resentation in the other House of Congress."

Now, really, I must say that the idea that, eo instanti. upon the consummation of the treaty, the Constitution of the United States spread itself over the acquired country.they are by the people of Northern origin, according to and carried along with it the institution of Slavery, is so irreconcilable with any comprehension, or any reason which I possess, that I hard y know how to meet it."

By Mr. Webster, upon the Oregon bill, in

1848:

people of the North. There is, then, no exclusion of South

Here, sir, I think I may well leave the argu

"I am not going into metaphysics, for therein I should encounter the honorable meinber from South olina, and we should wander, in endless mazes lost. until after the time for the adjournment of Congress. The Southern States have peculiar laws, and by those laws there is property in slaves. This is purely local. The real meaning. then, of Southern gentlemen, in making this complaint, is, that they cannot go into the Territories of the United States, carrying with them their own peculiar, local law-a law which creates property in persons, This according to their own statement, is all the ground of complaint they have. Now, here I think gentlemen are unjust towards us. How unjust they are, others will judge-generations that will come after us will judge. It will not be contended that this sort of personal Slavery exists by general law. It exists only by local law. I doment on this point. Gentlemen may think I have not mean to deny the validity of that local law where it is established; but I say it is, after all, nothing but local law. It is nothing more. And wherever that local faw Coes not extend, property in persons does not exist. Well, sir, what is now the demand on the part of our Southern friends? They say, We will carry our local laws with us wherever we go. We insist that Congress does us injustice, unless it establishes in the Territory, in which we wish to go, our own local law. This demand I for one resist, and shall resist. It goes upon the id a that there is an inequ dity, unless persons under this local law, and holding property by authority of that law, can go into new territory, and there establish that local law, to the exclusion of other law. Mr. President, it was a maxim of the civil law, that betw en Slavery and Freedom. Freedom should always be presumed, and Slavery must always be proved If any question arose as to the status of an individual in Rome, he was presumed to be free until he was proved to be a slave. So I suppo-e, is tae general law of mankind. An individual is to be pre sumed to be free un il a law can be produced which cre- I do not err in my interpretation of the Cincinates ownership in his person. 1 do not dispute the forcenati platform, I will read a portion of it. and vality of the local law, as I have already said, but I say it is a matter to be proved; and, therefore, if indi-of the resolutions I find it statedviduals go into any part of the earth, it is to be proved that they are not fremen, or else the presumption is that they are.

occupied too much time in its consideration, but▸ I tell you, no; and that when a doctrine, however false and absurd, is endorsed, not only by the President of the United States, and by nearly every member of Congress from half of the Statesof the Union, but by the Convention of a great. party, it is one that needs to be looked to. The Republican party has suffered andre pastorom not believing enough of the designs of the Slave Power; its incredulity has been its weakness. If the people of the free States had understood what the real doctrines and purposes of the slaveholders' party were, I do not believe that Mr. Buchanan would have carried a single State north of Mason and Dixon's line. To show that.

In one,

That we recognise the right of the people of all the Territories, including Kansas and Nebraska, acting through the fairly expressed will of the majority of actual Now, our friends seem to think that an inequality residents, and whenever the nun ber of their in' abitants arise from restraining them from going into the Territo-justifies it, to form a Constitution, with or without domesries, unless there be a law provided which shall protect the Slavery, and be admitted into the Union upon terms their ownership in persons. The ass ruon is, that we of perfect equality with the other States." create an mequality. Is there nothing to be said on the other side in relation to inequali y? Sir, from the date, This right, it will be seen, is held to accrue of this Constitution, and in the councils that formed and when the number of inhabitants justifies the forming. established this Constitution, and I suppose in ad men's of a Constitution, but not before. The expression judgment since, it is received as a settled truth, that slave of the time when the right vests excludes the labor and free labor do not exist well together. I have before me a declaration of Mr. Mason, in the Convention idea of an earlier time for its exercise. A fair that formed the Constitution, to that effect. He says that interpretation of the language itself, and the the objection to slave labor is, that it puts free white labor La disrepute; that it makes labor to be regarded as derog-general understanding of its meaning as expressatory to the character of the free white man, and that heed on this floor and elsewhere, leave no room despises to work-o use his expression-where slaves for doubt as to the import of this resolution. are employed. This is a matter of great interest to the This is supposed to be pretty safe doctrine for free states, is it be true, as to a great extent it certainly is, that wherever slave labor prevalls, free white labor the slaveholders; for, if the people of a Terri

1.

act of legislation? Remember that this entire superstructure is based upon the constitutional guarantee of equal rights. And I hold gentlemen to the logical consequences of their theory. The law must be coextensive with the reason of the law.

tory have no power to exclude Slavery until it deprive him of his property? What, then, behas the requisite population to become a State-comes of his equal rights? Is he less injured by held by Southern politicians to be ninety-three a confiscation of his property, effected by the thousand, or the number required by law for a Rep- agency of a permanent and organic law, than he resentative in the popular branch of Congress-would be if it were accomplished by an ordinary they feel quite sure that by such time the system will have become so widely extended and firmly established in the Territory, that it will be nearly impossible to destroy it; and they are right; and the gentleman from Tennessee [Mr. SMITH] was right yesterday when he said he would not vote to establish Slavery in a Ter- On the 4th day of March, 1853, the President ritory by law. Why? He holds that it is al- of the United States, in entering upon the reready established there by the Constitution, in sponsibilities of his great office, made a vow, in virtue of its guarantee of "equal rights," and he the presence of his countrymen, that no effort of would not admit, by the passage of a law of Con- his should be wanting to allay agitation of the gress, that this description of property was held Slavery question, during the term of his official in a Territory by a tenure less permanent and service. He deprecates agitation now. He is safe than that of the Constitution itself. Believ-amazed that it should exist, and has set himself ing this, he was justified in making the statement to the task of scolding it down. He cannot unto which I have referred. He frankly admits derstand why it is that the people of the free that he holds, in common with most Southern members, that, until the formation of a Constitution, there is no power in the people of a Terri- oce of Slavery and the uses of the slavetory to exclude Slavery; but he says there is little owner, nor why they should have been excited practical difference between this doctrine and the when they saw him making use of the civil power dogma of popular sovereignty; for, if the people at his command, and of the army of the Repubof a Territory do not want Slavery, they will not lic, to strike down their brethren in Kansas, that pass laws for its regulation and protection, and the objects for which the Missouri Compromise without such laws it would not prosper. The was repealed might be consummated; nor can gentleman failed to tell us why such laws would he perceive any occasion for uneasiness on their be very essential to the slaveholder, since his part, when he assures them that, under the Conproperty is established and protected by the stitution, there is no power in the General Gorhighest law in the country, that of the Constitu-ernment, or in the people, to prevent the extention. Besides, it may well be supposed that, if sion of Slavery over all the Territories of the Unithe Constitution carries Slavery into the Terri-ted States. tories, it carries with it the incidents of that relation.

laws

1

like the measure which opened the

y of Kansas and Nebraska to the

Mr. Speaker, the people of the free States believe sincerely-it is the profoundest conviction Mr. Speaker, I object to this new-fangled and of their minds-that Slavery is a moral, social, unconstitutional doctrine, not only for what it is, and political evil, a wrong to the slave, a curse but for what it prophesies and prepares the way to the enslaver, and an element of weakness to for. Acquiesce in it, yield to it as founded in a the nation. They believe also that the GovernJust co on of the Constitution, and there ment is not powerless to restrain the expansion is but one step more-and that not a long one-of such an evil. They have read in the Constito be taken, to make the subjugation of the free tution that Congress may make needful rules and States as complete as could be desired. Do you regulations for the Territory of the United States, think gentlemen who propose to call the roll of and they know that the power to set bounds to their slaves on Bunker Hill will be long is dis-Slavery was recognised and affirmed by all the covering, after this, that it is not competent for & State to make laws in derogation of the Federal Constitution, and in violation, as it will be said, of the equal rights of the citizens of other States?

leading statesmen of the country, and by all the departments of the Government, until within a very recent period. With these views and opinons, would they not deserve the contempt of all good men, if they did not endeavor, in every legitI am aware that it seems to be admitted, by mate and constitutional way, to perform the those who speak for the slaveholders, that the high duty which they impose? What Southern people of a Territory may, in the formation of a man is there who would not, were he of the Constitution for a State Government, prohibit North, stand like an anvil in resistance to the Slavery. But I would like to know by what doctrines and designs indicated or expressed in principle, and under what authority, this power this remarkable communication from the Presimay be vested in the people at that particular dent? The Republican party had its origin in time, and at no previous day? What sort of a these convictions in regard to the duties and construction is that which induces the slave-powers of the American people. Its principleз3 holder to go to a Territory with his slaves, upon are derived from the Constitution and the laws the ground that he has equal rights with the of eternal Right. They are strong as Truth, and non-slaveholder; and yet, after he is fairly enduring as Humanity; and the party which is settled in his new home, and has gathered his faithful to them will stand a "tower of strength slaves around him, permits the non-slaveholder, four square to all the winds that blow." under the form of establishing a Constitution, to

BUELL & BLANCHARD, PRINTERS, WASHINGTON, D. C.

OF

HON. WILL: CUMBACK, OF INDIANA,

ON THE

POLITICS OF THE COUNTRY;

DELIVERED

IN THE HOUSE OF REPRESENTATIVES, DECEMBER 17, 1856.

WASHINGTON:

PRINTED AT THE CONGRESSIONAL GLOBE OFFICE.

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