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the organic act itself, which declares that “the purpose of deciding elections or for any other, legislative power of the Territory, shall extend and the local authorities find themselves unable to all rightful subjects of legislation consistent to repel or withstand it, they will be entitled to, with the Constitution of the United States and the and upon the fact being fully ascertained, they provisions of this act.” If, in view of this act, shall most certainly receive, the aid of the Generthe Legislative Assembly had the large power to al Government. fix the permanent seat of government at any place But it is not the duty of the President of the in its discretion, of course by the same enact. United States to volunteer interposition by force ment it had the less and the included power to fix to preserve the purity of elections either in a State it temporarily.
or Territory. To do so would be subversive of Nevertheless, the allegation that the acts of the public freedom. And whether a law be wise or Legislative Assembly were illegal by reason of unwise, just or unjust, is not a question for him this removal of its place of session, was brought to judge. If it be constitutional—that is, if it forward to justify the first great movement in be the law of the land—it is his duty to cause it disregard of law within the Territory. One of to be executed, or to sustain the authorities of the acts of the Legislative Assembly provided any State or Territory in executing it in opposifor the election of a Delegate to the present Contion to all insurrectionary movements. gress, and a Delegate was elected under that Our system affords no justification of revolulaw. But, subsequently to this, a portion of the tionary acts; for the constitutional means of repeople of the Territory proceeded, without au- lieving the people of unjust administration and thority of law, to elect another Delegate. laws, by a change of public agents and by re
Following upon this movement was another peal, are ample, and more prompt and effective and more important one of the same general | than illegal violence. These constitutional means character. Persons confessedly not constituting must be scrupulously guarded--this great prethe body politic, or all the inhabitants, but merely rogative of popular sovereignty sacredly respecta party of the inhabitants, and without law, have ed. undertaken to summon a convention for the pur- It is the undoubted right of the peaceable and pose of transforming the Territory into a State, orderly people of the Territory of Kansas to elect and have framed a constitution, adopted it, and their own legislative body, make their own laws, under it elected a Governor and other officers, and regulate their own social institutions, without and a representative to Congress.
foreign or domestic molestation. Interference, on In extenuation of these illegal acts, it is alleged the one hand, to procure the abolition or prohithat the State of California, Michigan, and others. bition of slave-labor in the Territory, has prowere self-organized, and as such were admitted duced mischievous interference on the other for into the Union, without a previous enabling act its maintenance or introduction. One wrong beof Congress. It is true that, while in a majority gets another. Statements entirely unfounded or of cases a previous act of Congress has been pass- grossly exaggerated, concerning events within ed to authorize the Territory to present itself as a the Territory, are sedulously diffused through reState, and that this is deemed the most regular mote States to feed the flame of sectional ani. course, yet such an act has not been held to be mosity there; and the agitators there exert them. indispensable, and in some cases the Territory has selves indefatigably in return to encourage and proceeded without it, and has nevertheless been stimulate strife within the Territory. admitted into the Union as a State. It lies with The inflammatory agitation, of which the presCongress to authorize beforehand, or to confirm entis but a part, has for twenty years produced noafterward, in its discretion ; but in no instance thing save unmitigated evil, North and South. has a State been admitted upon the application But for it the character of the domestic instituof persons acting against authorities duly consti- tions of the future new State would have been a tuted by act of Congress. In every case it is the matter of too little interest to the inhabitants of people of the Territory, not a party among them, the contiguous States, personal or collectively, to who have the power to form a constitution and produce among them any political emotion. ask for admission as a State. No principle of Climate, soil, production, hopes of rapid adpublic law, no practice or precedent under the vancement, and the pursuit of happiness on the Constitution of the United States, no rule of rea- part of settlers themselves, with good wishes but son, right, or common sense, confers any such with no interference froin' without, would have power as that now claimed by a mere party in quietly determined the question which is at this the Territory. In fact, what has been done is of time of such disturbing character. revolutionary character. It is avowedly so in mo- But we are constrained to turn our attention to tive and in aim as respects the local law of the Ter- the circumstances of embarrassment as they now ritory. It will become treasonable insurrection exist. It is the duty of the people of Kansas to if it reach the length of organized resistance by discountenance every act or purpose of resistforce to the fundamental or any other federal law, ance to its laws. Above all, the emergency apand to the authority of the General Government. peals to the citizens of the States and especially
In such an event, the path of duty for the Exe of those contiguous to the Territory, neither by cutive is plain. The Constitution requiring him intervention of non-residents in elections, nor by to take care that the laws of the United States be unauthorized military force, to attempt to enfaithfully executed, if they be opposed in the croach upon or usurp the authority of the inTerritory of Kansas, he may and should place at habitants of the Territory. the disposal of the marshal any public force of No citizen of our country should permit himself the United States which happens to be within to forget that he is a part of its government, and the jurisdiction, to be used as a portion of the entitled to be heard in the determination of its posse comitatus; and, if that do not suffice to policy and its measures; and that, therefore, the maintain order, then he may call forth the militia highest considerations of personal honor and of one or more States for that object, or employ patriotism require him to maintain, by whatever for the same object any part of the land or naval of power or influence he may possess, the integforce of the United States. So also if the obrity of the laws of the Republic. struction be to the laws of the Territory, and it Entertaining these views, it will be my imperabe duly presented to him as a case of insurrective duty to exert the whole power of the Federal tion, he may employ for its suppression the mili- Executive to support public order in the Territotia of any State, or the land or naval force of the ry; to vindicate its laws, whether Federal or United States. And if the Territory be invaded local, against all attempts of organized resistance; by the citizens of other States, whether for the and so to protect its people in the establishment of their own institutions, undisturbed by encroach- reignty of a new State, which the Constitument from without, and in the full enjoyment of tion has not placed on the original States. Inthe rights of self-government assured to them by deed, if such a restriction could be imposed on the Constitution and the organic act of Congress. Any State, it would instantly cease to be a State
Although serious and threatening disturbances within the meaning of the Federal Constitution, in the Territory of Kansas, announced to me by and, in consequence of the inequality, would asthe Governor, in December last, were speedily similate to the condition of a province or dependquieted without the effusion of blood, and in a ency: Hence, equality among all the States of satisfactory manner, there is, I regret to say, rea- the Union is a fundamental principle in our fedeson to apprehend that disorders will continue to rative system-a principle embodied in the Conoccur there, with increasing tendency to violence, stitution, as the basis upon which the American until some decisive measures be taken to dispose Union rests. of the question itself which constitutes the in- African Slavery existed in all the colonies, unducement or occasion of internal agitation and der the sanction of the British government, prior of external interference.
to the Declaration of Independence. When the This, it seems to me, can best be accomplished Constitution of the United States was adopted, it by providing that, when the inhabitants of Kan became the supreme law and bond of union be. sas may desire it, and shall be of sufficient num- tween twelve slaveholding States and one nonbers to constitute a State, a convention of dele. slaveholding State. Each State reserved the gates, duly elected by the qualified voters, shall right to decide the question of Slavery for itselfassemble to frame a Constitution, and thus to to continue it as a domestic institution so long as prepare, through regular and lawful means, for it pleased, and to abolish it when it chose. its admission into the Union as a State. I re- In pursuance of this reserved right, six of the spectfully recommend the enactment of a law to original slaveholding States have since abolishthat effect.
ed and prohibited Slavery within their limits reI recomiend, also, that a special appropriation spectively, without consulting Congress or their be made to defray any expense which may be sister States; while the other six have retained come requisite in the execution of the laws or the and sustained it as a domestic institution, which, maintenance of public order in the Territory of in their opinion, had become so firmly engrafted Kansas.
FRANKLIN PIERCE. on their social systems, that the relation between
the master and slave could not be dissolved March 12th.—Ir Senate, Mr. Douglas of with safety to either. In the mean time, eighteen Illinois, from the Committee on Territories, new States have been admitted into the Union, made the following
in obedience to the Federal Constitution, on an equal footing with the original States, including,
of course, the right of each to decide the question REPORT:
of Slavery for itself. In deciding this question, The Committee on Territories, to whom was re
it has so happened that nine of these new States
have abolished and prohibited Slavery, while the ferred so much of the annual message of the other nine have retained and regulated it. That President of the United States as relates to ter- these new States had at the time of their admisritorial affairs, together with his special message sion, and still retain, an equal right, under the
Federal Constitution, with the original States, to of the 24th day of January, 1856, in regard to decide all questions of domestic policy for them. Kansas Territory, and his message of the 18th selves, including that of African Slavery, ought of February, in compliance with the resolution not to be seriously questioned, and certainly can
not be successfully controverted. of the Senate of the 4th of February, 1856, re
They are all subject to the same supreme questing transcripts of certain papers relative law, which, by the consent of each, constitutes to the affairs of the Territory of Kansas, having the only limitation upon their sovereign author
ity. given the same that serious and mature delibe
Since we find the right to admit new States ration which the importance of the subject de- enumerated among the powers expressly delemands, beg leave to submit the following re- gated in the Constitution, the question arises, port:
Whence does Congress derive authority to
organize temporary governments for the TerriYour Committee deem this an appropriate oc- tories preparatory to their admission into the casion to state briefly, but distinctly, the princi- Union on an equal footing with the original ples upon which new States may be admitted and States? Your Committee are not prepared to
Territories organized under the authority of the adopt the reasoning which deduces the power Constitution of the United States.
from that other clause of the Constitution, which The Constitution (section 3, article 4) provides says : that “new States may be admitted by the Con- "Congress shall have power to dispose of and gress into this Union.”
make all needful rules and regulation respecting Section 8, Article 1: “ Congress shall have the territory or other property belonging to the power to make all laws which shall be necessary United States." and proper for carrying into execution the fore. The language of this clause is much more apgoing powers, and all other powers vested by this propriate when applied to property than to perconstitution in the government of the United sons. It would seem to have been employed for States, or in any department or office thereof." the purpose of conferring upon Congress the pow
10th amendment: “ The powers not delegated er of disposing of the public lands and other to the United States by the Constitution, nor pro- property belonging to the United States, and hibited by it to the States, are reserved to the to make all needful rules and regulations for that States respectively, or to the people."
purpose, rather than to govern the people who A State of the Federal Union is a sovereign might purchase those lands from the United power, limited only by the Constitution of the States and become residents thereon. The word United States.
“territory' was an appropriate expression to The limitations which that instrument has im- designate that large area of public lands of which posed are few, specific, and uniform-applicable the United States had become the owner by viralike to all the States, old and new. There is no tue of the revolution and the cession by the authority for putting a restriction upon the sove- several States. The additional words, " or other
property belonging to the United States," clear- stituting temporary governments, must be traced ly show that the term “territory" was used in directly to some provision of the Constitution its ordinary geographical sense to designate the conferring the authority in express terms, or as a public domain, and not as descriptive of the means necessary and proper to carry into effect whole body of the people, constituting a distinct some one or more of the powers which are specipolitical community, who have no representation fically delegated. Is not the organization of a in Congress, and consequently no voice in mak. Territory eminently necessary and proper as & ing the laws upon which all their rights and liber- means of enabling the people thereof to form and ties would depend, if it were conceded that Con-mould their local and domestic institutions, and gress had the general and unlimited power to establish a State government under the authority make all “needful rules and regulations con- of the Constitution, preparatory to its admission cerning" their internal affairs and domestic con- into the Union ? If so, the right of Congress to
It is under this clause of the constitu- pass the organic act for the temporary govern. tion, and from this alone, that Congress derives ment is clearly included in the provision which authority to provide for the surveys of the pub authorizes the admission of new States. This lic lands, for securing pre-emption rights to actual power, however, being an incident to an express settlers, for the establishment of land-offices in grant, and resulting from it by necessary implithe several States and Territories, for exposing cation, as an appropriate means for carrying it the lands to private and public sale, for issuing into effect, must be exercised in harmony with patents and confirming titles, and, in short, for the nature and objects of the grant from which it making all needful rules and regulations for pro- is deduced. The organic act of the Territory, tecting and disposing of the public domain and deriving its validity from the power of Congress other property belonging to the United States. to admit new States, must contain no provision
These needful rules and regulations may be or restriction which would destroy or impair the embraced, and usually are found, in general laws equality of the proposed State with the original applicable alike to states and Territories, wher-States, or impose any limitation upon its soveever the United States may be the owner of the reignty which the Constitution has not placed lands or other property to be regulated or dis- on all the States. So far as the organization of a posed of. It can make no difference, under this Territory may be necessary and proper as a clause of the Constitution. whether the “ territory, means of carrying into effect the provision of the or other property, belonging to the United Constitution for the admission of new States, and States," shall be situated in Ohio or Kansas, in when exercised with reference only to that end, Alabama or Minnesota, in California or Oregon. the power of Congress is clear and explicit ; but The power of Congress to make needful rules beyond that point the authority cannot extend, and regulations is the same in the States and for the reason that all powers not delegated to Territories, to the extent that the title is vested the United States by the Constitution, nor proin the United States. Inasmuch as the right of hibited by it to the States, are reserved to the legislation in such cases rests exclusively upon States respectively, or to the people.” In other the fact of ownership, it is obvious it can extend words, the organic act of the Territory, conformonly to the tracts of land to which the United ing to the spirit of the grant from which it reStates possess the title, and must cease in respect ceives its validity, must leave the people entirely to each tract the instant it becomes private prop: free to form and regulate their domestic instituerty by purchase from the United States. It will tions and internal concerns in their own way, scarcely be contended that Congress possesses subject only to the Constitution of the United the power to legislate for the people of those States, to the end that when they attain the States in which public lands may be located, in requisite population, and establish a State gov. respect to their internal affairs and domestic con- ernment in conformity to the Federal Constitucerns, merely because the United States may be tion, they may be admitted into the Union on an so fortunate as to own a portion of the territory equal footing with the original States in all reand other property within the limits of those spects whatsoever. States. Yet it should be borne in mind that this The act of Congress for the organization of the clause of the Constitution confers upon Congress Territories of Kansas and Nebraska, was designthe same power to make needful rules and regu- ed to conform to the spirit and letter of the Fedelations in the States as it does in the Territories, ral Constitution, by preserving and maintaining concerning the territory or other property belong the fundamental principle of equality among all ing to the United States.
the States of the Union, notwithstanding the reIn view of these considerations, your Commit- striction contained in the 8th section of the act of tee are not prepared to affirm that Congress de March 6, 1820, (preparatory to the admission of rives authority to institute governments for the Missouri into the Union,) which assumed to deny people of the Territories, from that clause of the to the people forever the right to settle the quesConstitution which confers the right to make tion of Slavery for themselves, provided they needful rules and regulations concerning the ter- should make their homes and organize States ritory or other property belonging to the United north of thirty-six degrees and thirty minutes States; much less can we deduce the power from north latitude. Conforming to the cardinal prinany supposed necessity, arising outside of the ciples of State equality and self-government, in Constitution and not provided for in that instru- obedience to the Constitution, the Kansas-Nement. The federal government is one of dele- braska act declared, in the precise language of gated and limited powers, clothed with no right the Compromise Measures of 1850, that, “when ful authority which does not result directly and admitted as a State, the said Territory, or any necessarily from the Constitution. Necessity, portion of the same, shall be received into the when experience shall have clearly demonstrated Union, with or without Slavery, as their consti. its existence, may furnish satisfactory reasons tutions may prescribe at the time of their admisfor enlarging the authority of the federal govern- sion.” Again, after declaring the said 8th section ment, by amendments to the Constitution, in the of the Missouri act (sometimes called the Mismode prescribed in the instrument; but cannot souri Compromise, or Missouri Restriction) inopafford the slightest excuse for the assumption of erative and void as being repugnant to these powers not delegated, and which, by the tenth principles, the purpose of Congress, in passing amendment, are expressly “reserved to the the act, is declared in these words: “It being States respectively, or to the people.”. Hence, the true intent and meaning of this act not to before the power can be safely exercised, the legislate Slavery into any State or Territory, nor right of Co ess to organize Te es, in to exclude it therefrom, but to leave the ople
thereof perfectly free to form and regulate their “For the purpose of answering numerous comi domestic institutions in their own way, subject cations concerning the plan of operations of the only to the Constitution of the United States." grant Aid Company, and the resources of Kansas The passage of the Kansas-Nebraska act was
ritory, which it is proposed now to settle, the secrestrenuously resisted by all persons who thought publish the following definite information in regard
tary of the company has deemed it expedient to it a less evil to deprive the people of new States to this particular: and Territories of the right of State equality and “For these purposes it is recommended. 1st. That self-government under the Constitution, than to the trustees contract immediately with some one of allow them to decide the Slavery question for
the competing lines of travel for the conveyance of themselves, as every, State of the Union had 20,000 persons from Massachusetts to that place in
the West which the trustees shall select for their first done, and must retain the undeniable right to
settlement." do, so long as the Constitution of the United States shall be maintained as the supreme law locate and take up for the company's benefit, the sec
"It is recommended that the company's agents of the land. Finding opposition to the principles tions of land in which the boarding-houses and mills of the act unavailing in the halls of Congress are located, and no others. And further, whenever and under the forms of the Constitution, com- the Territory shall be organized as a free State, the binations were immediately entered into in some
trustees shall dispose of all its interests there, replace portions of the Union to control the political the stockhol·lers, and that they then select a new
by the sales the money laid out, declare a dividend to destinies, and form and regulate the domestic field, and make similar arrangements for the settleinstitutions, of those Territories and future ment and organization of another free State of this States, through the machinery of emigrant aid Union." societies. In order to give consistency and effi- “With the advantages attained by such a system of ciency to the movement, and surround it with effort, the territory selected as the scene of operations the color of legal authority, an act of incorpora- would, it is believed: be filled up with free inbabittion was procured from the legislature of the anten State of Massachusetts, in which it was provid- of New-England origin propose to emigrate under the
“There is reason to suppose several thousand men ed, in the first section, that twenty persons there, auspices of some such arrangement,
this very sumin named, and their “associates, successors, and mer. of the whole emigration from Europe, amountassigns, are hereby made a corporation, by the ing to some 400,000 persons, there can be no difficulty name of the Massachusetts Emigrant Aid Com- in inducing some thirty or forty thousand to take the pany, for the purpose of assisting emigrants to same direction." settle in the West; and for this purpose they
• Especially will it prove an advantage to Massashall have all the powers and privileges, and be chusetts, if she create the new State by her foresight, subject to all the duties, restrictions, and liabili- the outset communications between their homes and
supply the necessities of its inhabitants, and open in ties set forth in the 38th and 44th chapters of the her ports and factories." revised statutes" of Massachusetts.
"It determines in the right way the institutions of The second section limited the capital stock of the unsettled Territories. in less time than the disthe company to five millions of dollars, and au- cussion of them has required in Congress." thorized the whole to be invested in real and personal estate, with the proviso that “the said cor
Having thus secured from the State of Massaporation shall not hold real estate in this com
chusetts the color of legal authority to sanction monwealth (Massachusetts) to an amount ex
their proceedings, in perversion of the plain pro
visions of an act of Congress passed in pursuance ceeding twenty thousand dollars."
The third section provided for dividing the of the Constitution, the company commenced its capital stock of the corporation into shares of operations by receiving subscriptions to its capione hundred dollars each, and prescribed the
tal stock, and exerting its whole power to harmode, time, and amounts in which assessments monize, combine, and direct, in the channel it might be made on each share.
should mark out, all the elements of opposition The fourth and last section was in these The plan adopted was to make it tho interest of
to the principles of the Kansas and Nebraska act. words: “At all meetings of the stockholders, each
a large body of men, who sympathized with them stockholder shall be entitled to cast one vote for in the objects of the corporation, to receive their each share held by him; provided, that no stock - aid and protection, and, under the auspices of the holder shall be entitled to cast more than fifty company, to proceed to Kansas, and acquire votes on shares held by himself, nor more than be found necessary to enable them to vote at the
whatever residence, and do whatever acts, might fifty votes by proxy."
Although the act of incorporation does not dis. elections, and through the ballot-box, if possible, tinctly declare that the company was formed for to gain
control over the legislation of the Territhe purpose of controlling the domestic institu- tory: This movement is justified by those who tions of the Territory of Kansas, and forcing it originated and control the plan, upon the ground into the Union with a prohibition of Slavery in that the persons whom they sent to Kansas were her constitution, regardless of the rights and free men, who, under the Constitution and laws, wishes of the people as guarantied by the Consti- had a perfect right to emigrate to Kansas or any tution of the United States, and secured by their other Territory; that the act of emigration was organic law, yet the whole history of the move arrived in the Territory as actual settlers, they
entirely vuluntary on their part ; and when they ment, the circumstances in which it had its origin; had as good a right as any
other citizens to vote and the professions and avowals of all engaged at the elections, and participate in the control of in it, render it certain and undeniable that such the government of the Territory. This would was its object.
To remove all doubt upon this point, your undoubtedly be true in a case of ordinary emi. committee will here present a few extracts from gration, such as has filled up our new States and a pamphlet published by the
Territories, where each individual has gone, on
company soon after its organization, under the following cap. that of his family! But it is a very different thing
his own account, to improve his condition and tion :
where a State creates a vast moneyed corporation “ Organization, objects, and plan of operations of
for the purpose of controlling the domestic insti. the Emigrant Aid Company; also, a description of tutions of a distinct political community fifteen Kapsas, for the information of emigrants.
hundred miles distant, and sends out the emi “ Trustees Amos A. Lawrence, Boston ; J. M. S. grants only as a means of accomplishing its Williams, Cambridge; Ely Thayer, Worcester.
paramount political objects. When a powerful " TY er, Amos A. Lawrence.
corporation, with a capital of five millions of Secretary, Thomas H. Webb, Boston.
dollars invested in houses and lands, in merchan.
dise and mills, in cannon and rifles, in powder States, can the obligations of each State and and lead—in all the implements of art, agricul Territory of this Union be less imperative, under ture, and war, and employing a corresponding the Federal Constitution, to observe entire neunumber of men, all under the management and trality in respect to the domestic institutions of control of non-resident directors and stockholders, the several States and Territories? Non-interferwho are authorized by their charter to vote by ence with the internal concerns of other States is proxy to the extent of fifty votes each, enters a recognized by all civilized countries as a funda distant and sparsely settled Territory with the mental principle of the laws of nations. for the fixed purpose of wielding all its power to control reason that the peace of the world could not be the domestic institutions and political destinies maintained for a single day without it. How, then, of the Territory, it becomes a question of fearful can we hope to preserve peace and fraternal feelimport, how far the operations of the company ings among the different portions of this republic, are compatible with the rights and liberties of the unless we yield implicit obedience to a principle people. Whatever may be the extent or limit of which has all the sanction of patriotic duty as congressional authority over the Territories, it is well as constitutional obligation? clear that no individual State has the right to When the emigrants sent out by the Massapass any law or authorize any act concerning or chusetts Emigrant Aid Company, and their affiliaffecting the Territories, which it might not enact ated societies, passed through the State of Misin reference to any other State.
souri in large numbers on their way to Kansas, If the people of any State should become so the violence of their language, and the unmis much enamored with their own peculiar institu. takable indications of their determined hostility tions as to conceive the philanthropic scheme of to the domestic institutions of that State, created forcing so great a blessing on their unwilling apprehensions that the object of the company was neighbors, and with that view should create a to abolitionize Kansas as a means of prosecuting mammoth moneyed corporation, for the avowed a relentless warefare upon the institutions of purpose of sending a sufficient number of their Slavery within the limits of Missouri. These apyoung men into the neighboring State, to remain prehensions increased and spread with the prolong enough to acquire the right of voting, with gress of events, until they became the settled conthe fixed and paramount object of reversing the victions of the people of that portion of the State settled policy and changing the domestic institu- most exposed to the danger by their proximity tions of such State, would it not be deemed an to the Kansas border. The natural consequence act of aggression, as offensive and flagrant as if was, that immediate steps were taken by the peoattempted by direct and open violence? It is a ple of the western counties of Missouri to stímuwell-settled principle of constitutional law, in this late, organize, and carry into effect a system of country, that while all the States of the Union are emigration similar to that of the Massachusetts united in one,
for certain purposes, yet each State, Emigrant Aid Company, for the avowed purin respect to everything which affects its domestic
pose of counteracting the effects, and protecting policy and internal concerns, stands in the rela- themselves and their domestic institutions from tion of a foreign power to every other State. the consequences of that company's operations.
Hence, no State has a right to pass any law, or The material difference in the character of the do or authorize any act, with the view to influ- two rival and conflicting movements consists in ence or change the domestic policy of any other the fact that the one had its origin in an aggresState or Territory of the Union, more than it sive, and the other in a defensive policy. The would with reference to France or England, or one was organized in pursuance of the proany other foreign State with which we are at visions and claiming to act under the authority peace. Indeed, every State of this Union is under of a legislative enactment of a distant State, whose higher obligations to observe a friendly forbear-internal prosperity and domestic security did not ance and generous comity towards each other depend upon the success of the inovement, member of the Confederacy, than the laws of while the other was the spontaneous action of nations can impose on foreign States. While the people living in the immediate vicinity of foreign States are restrained from all acts of ag- the theatre of operations, excited by a sense of gression and unkindness only by that spirit of common danger to the necessity of protecting coinity which the laws of nations enjoin upon all their own firesides from the apprehended horrors friendly powers, we have assumed the additional of servile insurrection and intestine war. Both obligation to obey the Constitution, which secures parties, conceiving it to be essential to the success to every State the right to control its own internal of their respective plans that they should be upon affairs. If repugnance to domestic Slavery can the field of operations prior to the first election in justify Massachusetts in incorporating a mam- the Territory, selected principally young men, moth company to influence and control that persons unencumbered by families, and whose question in any State or Territory of this Union, conditions in life enabled them to leave at a mothe same principle of action would authorize ment's warning, and move with great celerity, France or England to use the same means to ac- to go at once, and select and occupy the most elicomplish the same end in Brazil or Cuba. or in gible sites and favored locations in the Territory, fifteen States of this Union ; while it would license to be held by themselves and their associates who the United States to interfere with serfdom in should follow them. For the successful prosecu. Russia, or polygamy in Turkey, or any other ob- tion of such a scheme, the Missourians who lived noxious institution in any part of the world. in the immediate vicinity, possessed peculiar adThe same principle of action, when sanctioned vantages over their rivals from the more remote by our example, would authorize all the king portions of the Union. Each family could send doms, and empires, and despotisms in the world, one of its members across the line to mark out to engage in a common crusade against republic- his claim, erect a cabin, and put in a small crop, anism in America, as an institution quite as ob- sufficient to give him as valid a right to be deemnoxious to them as domestic Slavery is to any ed an actual settler and qualified voter as those portion of the people of the United States. who were being imported by the Emigrant Aid
If our obligations arising under the laws of Societies. In an unoccupied Territory, where nations are so imperative as to make it our duty the lands have not been surveyed, and where to enact neutrality laws, and to exert the whole there were no marks or lines to indicate the power and authority of the executive branch of boundaries of sections and quarter-sections, and the government, including the army and navy, where no legal title could be had until after the to enforce them, in restraining our citizens from surveys should be made, disputes, quarrels, viointerfering with the internal concerns of foreign lence, and bloodshed might have been ected as