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
If it be admitted--and I believe there is no issue between the Senator and
myself on that point--that the Congress of the United States have no
right to pass a law excluding slaves from a Territory, or determining in
the Territory the relation of master and slave, of parent and child, of
guardian and ward; that they have no right anywhere to decide what is
property, but are only bound to protect such rights as preëxisted the
formation of the Union--to perform such functions as are intrusted to them
as the agent of the States--then how can Congress, thus fettered, confer
upon a corporation of its creation--upon a territorial legislature, by an
organic act, a power to determine what shall be property within the limits
of such Territory?
But, again, if it were admitted that the territorial inhabitants did
possess this sovereignty: that they had the right to do as they pleased on
all subjects, then would arise the question, if they were authorized,
through their representatives, thus to act, whence came the opposition to
what was called the Lecompton Constitution? How did Congress, under this
state of facts, get the right to inquire whether those representatives in
that case really expressed the will of the people. Still more; how did
Congress get the right to decide that those representatives must submit
their action to a popular vote in a manner not prescribed by the people of
the Territory, however eminently it may have been advisable, convenient,
and proper in the judgment of the Congress of the United States? What
revisory function had we, if they, through their representatives, had full
power to act on all such subjects whatsoever?
I have necessarily, in answering the Senator, gone somewhat into the
_argumentum ad hominem_. Though it is not entirely exhausted, I think
enough has been said to show the Senate in what the difference between us
consists. If it be necessary further to illustrate it, I might ask how did
he propose to annul the organic act for Utah, if the recognition by the
Congress of a sufficient number of inhabitants to justify the organization
of a territorial government transferred the sovereignty to the
inhabitants of the Territory? If sovereignty passed by the recognition of
the fact, how did he propose, by congressional act, to annul the
territorial existence of Utah?
Public-domain text, read in full here on John Shaqi.
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