Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860Bartlett, D. W. (David W.)
History
Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860
Bartlett, D. W. (David W.)
Statesmen -- United States; United States -- Biography
"MR. DAVIS.--In the absence of my friend from Virginia, I would
say that his theory, I believe, agrees with mine; and certainly
does not go to that extent. It is that the Constitution makes it
property throughout the United States. It can, therefore, be taken
and held wherever the sovereign power of a State has not
prohibited it. When it reaches the territory of a sovereign State
where its introduction is inhibited, it there stops; except for
the reserved right to recover a fugitive, and for the right of
transit, which belongs to every citizen of the United States. That
is the decision of the Supreme Court.
"MR. PUGH.--I repeat my assertion: if the Constitution of the
United States gives this form of property its peculiar protection,
as gentlemen assert, and the right to carry it, it is carried into
every State over the constitution and laws of the State; for the
Constitution of the United States is supreme above the
constitutions and laws of the States; and it means that, or it
means nothing. There is no distinction; there can be none made;
and my colleague put the very question which proved the fallacy of
the whole proposition. But senators say there is no sovereignty in
the territories. I agree to that; but why do we deceive ourselves
about words? There is no such language as sovereignty in the
Constitution of the United States. Senators say it requires a
power of sovereignty to exclude slavery, and the senator from
Mississippi has just now spoken of the sovereignty of the State
which excludes slavery. He says it requires sovereign power to
exclude slavery. Well, how is that sovereignty to be expressed?
"MR. DAVIS.--When a State, being a sovereign, by its organic law
excludes that species of property, the act is final. There is no
sovereignty in the Constitution, as the senator states, and why?
Because the Constitution is a compact between sovereigns creating
an agent with delegated powers; and sovereignty is an indivisible
thing. They gave functions of sovereignty from their plenary
power. Sovereignty remained with the people of the States.
Public-domain text, read in full here on John Shaqi.
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