The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
Pray, what can this mean? Squatter sovereignty? Incapacity of the Federal
Government to enact any law for the protection of slave property anywhere?
Could that be in the face of a struggle that we were constantly carrying
on against the opponents of the fugitive slave law? Could that be, in the
face of the fact that a majority had trodden down our constitutional
rights in the District of Columbia, by legislating in relation to that
particular character of property, and that they had failed to redeem a
promise they had sacredly made to pass a law for the protection of slave
property, so as to punish any one who should seduce, or entice, or abduct
it from an owner in this District?
With all these things fresh in mind, what did they mean? They meant that
Congress should not decide the question, whether that institution should
exist within a Territory or not. They did not mean to withdraw from the
inhabitants of the District of Columbia that protection to which they were
entitled, and which is almost annually given by legislation; and yet
States and Territories and the District of Columbia are all grouped
together, as the points upon which this idea rests, and to which it is
directed. It meant that Congress was not to legislate to interfere with
the rights of property anywhere; not to attempt to decide what should be
the institutions maintained anywhere; but surely not to disclaim the right
to protect property, whether on sea or on land, wherever the Federal
Government had jurisdiction and power. But some stress has been laid upon
the resolution, which says that this principle should be applied to
"The organization of the Territories, and to the admission of new
States, with or without domestic slavery, as they may elect."
What does "may elect" mean? Does it refer to organization of the
Territory? Who may elect? Congress organizes the Territories. Did it mean
that the Territories were to elect? It does not say so. What does it say?
"That by the uniform application of this Democratic principle to the
organization of Territories, and to the admission of new States, with
or without domestic slavery, as they may elect."
And here it met a question which had disturbed the peace of the country,
and well-nigh destroyed the Union--the right of a State holding slaves to
be admitted into the Union. It was declared here that the State so
admitted should elect whether it would or would not have slaves. There is
nothing in that which logically applies to the organization of a
Territory. But if this be in doubt, let us come to the last resolution,
which says:
"We recognize the right of the people of all the Territories,
including Kansas and Nebraska, acting through the legally and
fairly-expressed will of a majority of actual residents--"
Does it stop there? No--
Public-domain text, read in full here on John Shaqi.
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