is perfect and complete under the Nebraska Bill.
I hope Mr. Lincoln will deem my answer satisfactory
on this point.” This is the distinct assertion
of the power of territorial legislation to admit or
exclude slavery; of the first in the race of migration
who reach a territory, the common property of the
people of the United States to enact laws for the exclusion
of other joint owners of the territory, who may in
the exercise of their equal right to enter the common
property, choose to take with them property recognized
by the Constitution, built not acceptable to the first
emigrants to the Territory. That Senator had too
often and too fully discussed with me the question
of “squatter sovereignty” to be justified
in thus mistaking my opinion. The difference between
us is as wide as that of one who should assert the
right to rob from him who admitted the power.
It is true, as I stated it at that time, all property
requires protection from the society in the midst of
which it is held. This necessity does not confer
a right to destroy, but rather creates an obligation
to protect. It is true as I stated it, that slave
property peculiarly requires the protection of society,
and would ordinarily become valueless in the midst
of a community, which would seek to seduce the slave
front his master, and conceal him whilst absconding,
and as jurors protect each other in any suit which
the master might bring for damages. The laws of
the United States, through the courts of the United
States, might enable the master to recover the slave
wherever he could find him. But you all know,
in such a community as I have supposed, that a slave
inclined to abscond would become utterly useless,
and that was the extent of the admission.
The extract on which reliance has been placed was
taken from a speech made at Portland, and both before
and after the extract, the language employed conclusively
disproves the construction, which unfriendly criticism
has put upon the detached passage. Immediately
preceding it, the following language was used:
“The Territory being the common property of
States, equals in the Union, and bound by the Constitution
which recognizes property in slaves, it is an abuse
of terms to call aggression the migration into that
Territory of one of its joint owners, because carrying
with him any species of property recognized by the
Constitution of the United States. The Federal
Government has no power to declare what is property
enywhere.{sic} The power of each State cannot extend
beyond its own limits. As a consequence, therefore,
whatever is property in any of the States, must be
so considered in any of the territories of the United
States until they reach to the dignity of community
independence, when the subject matter will be entirely
under the control of the people, and be determined
by their fundamental law. If the inhabitants
of any territory should refuse to enact such laws and
police regulations as would give security to their