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
"and whenever the number of their inhabitants justifies it, to form a
constitution, with or without domestic slavery, and be admitted into
the Union upon terms of perfect equality with the other States."
If there had been any doubt before as to what "may elect" referred to,
this resolution certainly removed it. It is clear they meant, that when a
Territory had a sufficient number of inhabitants, and came to form a
constitution, then it might decide the question as it pleased. From that
doctrine, I know no Democrat who now dissents.
I have thus, because of the assertion that this was a new idea attempted
to be interjected into the Democratic creed, gone over some portion of its
history. Important by its connection with the existing agitation, and last
in the series, is an act with the ushering in of which the Senator is more
familiar than myself, and on which he made remarks, to which, it is
probable, some of those who acted with him, will reply. I wish merely to
say, in relation to the Kansas-Nebraska act, that there are expressions in
it which seem to me not of doubtful meaning, such as, "in all cases
involving title to slaves, or involving the question of personal freedom,"
there should be a trial before the courts, and without reference to the
amount involved, an appeal to the Supreme Court of the Territory, and from
thence to the Supreme Court of the United States. If there was no right of
property there; if we had no right to recognize it there; if some
sovereign was to determine whether it existed or not, why did we say that
the Supreme Court of the United States, in the last resort, should decide
the question? If it was an admitted thing, by that bill, that the
Territorial Legislature should decide it, why did we provide for taking
the case to the Supreme Court? If it had been believed then, as it is
asserted now, that a Territory possessed all the power of a State; that
the inhabitants of a Territory could meet in convention and decide the
question as the people of a State might do, there was nothing to be
carried to the Supreme Court. You can not appeal from the decision of a
constitutional convention of a State to the Supreme Court of the United
States, to decide whether slave property shall be prohibited or admitted
within the limits of a State; and if they rest on the same footing, what
is the meaning of that clause of the bill?
Public-domain text, read in full here on John Shaqi.
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