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Show 486 THE KANSAS-Nl~BRASKA BILL. the Kansas-N cbraska Bill alike, so far as the slavery question was concerned, at the time of its pa sagc,-tllat tho intention of Congress was to give to the people of the territories full po"r 'r to dispose of thi>: as well a. other qncstions. It is now, however, contciHlccl by many, c. pceially in the Sunth, that such power cannot be exercised by a territorial lcgi laturc-that slavery may exi tin the tcnitories, under the protection of the Con titntion of the United States, whirh recognizes it as property and is Lound to protect a1l species of property alike. ~.,or this tbey rely upon the following points in the decision of the Court in the Dred Scott case. " 1. Congrcs. can exerci e no power ovet· the rights of per ons or property of a cilizcn in the 'rerrilot·y which is prohibitecl by the Con. titt1tion. The govemmcnt and the citizen, whenever the Tcrritoi·y is open to settlement, both enter it with their re pcctive rights dcfinc<l and limited by the Constitution. "2. Congr(l shave no right to prohibit the citizens of any particular State or tates from taking up their home there, while it permits citizenH of other tn.tes to do :o. Nor has it a right to give privilc~es to one cla. s of citizens which it refu. cs to another. ~rho Terri tory is acquired for their equal and common benefit-and if open to any, it must bo open to all upon equal and the same terms. "3. Every citizen has a right to take with him into the Territory any article of property which the Constiluti.on of the United States recognizes as properLy. "4. 1,hc Consti tu lion of the United States recoo·nizcs b slaves u property, and pledge. the federal government to protect it. And Congress cannot exerci c any more nutho· rity over property of that description than it may constitutionally exercise over property of any other kind. "5. The act of Congress, therefore, prohibiting a citizen of the United States from taking with him his slaves when he , TilE RAXf\A. :\EBRA,'KA BlLL. 4 7 removes to the Territory in question to rc ide, is an cxcrei e of authority over pri\atc property wbieh is not warranted by the Con. titution., To this it i rcplie<l, that while iL is true tlwt the owner of , laves may take tltcm to a Territory a. prop ·rty, still he mn t, uhmit to the local Jaw of the T ·tTitory whcu he· gets them there, Lc it friendly or othcrwi c. ThuD is the .cntimcut of tllC couutr.r Jirid ·d iuto tln·ec great partie., which may Lc properly <le~itrnntcd the Prohibitionists, the Protectionist. aud the N ou-iutcrreutiouists. The pro poet for a speedy and peaceful settlcmellt of the vexed quc.-tion i hy no menns cncouragin o·. \Youlcl that it were; for we pre umc no one will deuy thut the eoutir111cd agitation of this delicate aud Ji turbino- que. tion i a great public mi ·fortune. I t de. troy· fratemal relation · between the tates and embitter the miuu of the people. It. creates sectional di cord ancl divit)ions, disturus the national councils, and is gradually Lut surely alienating the a(fectious of the citizens from their government. 1'he political C11cr rries of the country, that should Le , pent in lmildir1g up tlroRc great commercial, indn trial, moral, aud oeial iu. titutio11s whi eh con Litutc the monulllcnt of natioual !rreatne ·saud power, arc exhau ·ted in the businc s of engeudcriug in tcmal hatred, contention and . trife. Let it be the effort of every patriot to do away willl this deplorable state of thing ,- to settle thi question by the safe auu wi c principles our fathers established, there to rc ·L forc,·cr undisturbed. Only thus will peace and harmony again be rc ·to rcd to the couutryonly thus shall we pre:cut to the world the spectaele of a. great, free, and happy people, unitecl as one family in in tere t, in affect ion, and aim; ever moving ouwarc1 in the pathway of prosperity and progre .. s, as well a in all that contitutcs national greatness, glory, and rcuown. ' |
