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vention quickly answers this dilemma, by saying: 'let the courts determine between us and our adversaries.' This is what is called 'remitting' the question to the judiciary, which may decide as well as the Congress or the Executive. -True, the judiciary may and must decide, anyhow, in either case, for that was no discovery of Mr. Calhoun, but a Constitutional function, which has ever belonged to the courts, and of which Congress and the Executive and the Territorial authorities cannot deprive them; and, without any remission by Congress, the judiciary department has the power of deciding upon the validity of laws. And it can as well and more directly pass upon the validity of laws enacted by Congress itself as upon the validity of those enacted by the territorial legislatures. If Congress passes an unconstitutional law, we can go to the courts, just as easy as if the law was passed by its delegate, the territorial Legislature. And if Congress does not renounce its direct jurisdiction and delegate it to the territorial legislature, then the latter will have no power to annoy the slave property locally by its abuse of delegated power; and the territorial legislature is more apt to pass a prohibition than Congress is, for very obvious reasons. The eye of the whole nation is immediately upon Congress, and no positive code is required to establish its power and duty to protect persons and property. The Constitution itself dictates and enjoins both. And it is first of all necessary, that neither the power nor the duty shall be practically denied, embarrassed or obstructed, by the enactment of unconstitutional laws of prohibition. Positive legislation is more apt to be passed against slavery by local than by national laws. In any practical view, then, we are attempting to shear a lion instead of a wolf. Non-intervention is simply absurd and impossible, and it is worse than impracticable.

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"Such are the teachings to me of our past history, and I

trust that I have now demonstrated in the second place : "That the inhabitants or people of a territory are sovereign to form themselves a constitution and State government as I have shown in the first place, that in their territorial condition they are within the entire control and jurisdiction, or under the entire rule or regulation of Congress, subject to the Constitution of the United States, and that the citizens of each and all of the States are alike equally entitled to protection in all the privileges and immunities of persons and property, common to equal confederates.

"And this right and this duty of protection is not to be evaded or avoided either by the false ad captandum clamor that a code is required to be enacted by Congress for the protection of slave property. This is but to cast odium upon slavery, by creating the impression that a discrimination is necessary to distinguish it above what is due to other personal and proprietary rights. On the contrary, no such code is required to create either the right or the duty of protection, and no law is necessary to distinguish slave property from any other property. All persons and all property, equally and alike, require only not to be assailed and destroyed in, or excluded from the common territories. Every species of rights requires laws, it is true, suited to its character and to its case. Personal property, for example, must have a law that it shall not be 'taken and carried away;' and land, which cannot be 'taken and carried away,' must have a law that it shall not be trespassed upon in some other way; and so with slaves and everything else, they must have provisions according to their kind. But the Constitution of the United States, and the laws of Congress heretofore organizing territories are sufficient, and if amendments of the laws are required, it is the duty of Congress to see that they are provided, of the Executive of the United States to see that they are executed, and of the judiciary to

decide upon the rights under the laws. The slave States should never pretend to any peculiar privileges, and do not, so far as I know. They ask only that their rights shall not be assailed and invaded, and, if they be assailed, that they may be protected as other personal and proprietary rights are protected; that they may have equal, confederate, federal privileges and immunities, and they ask for no special or peculiar code.

"To escape danger or disaster to themselves, your Congress, and Executives, and judiciary, and State legislatures, shall not, with my consent, be allowed to drop the reins of government and leap from the seats of power and responsibility, and renounce the duty of protection and preservation to all within their care by the ignoring and stultifying and disqualifying plea of negation-Non-intervention. There are too many elements of discord in this country which require to be restrained by the most active and positive, but prudent intervention. These resolutions of Vermont, the tendency of which is either to drive one section of the States out of the Union, or to degrade and subjugate them in it, are an example. If anything can be worse than disunion to the United States, it would be the more dire alternative of degrading and subjugating any one State by forcing her submission to unequal laws and dishonorable conditions in the confederacy. The state or section of states thus subdued and humbled, would be unworthy of the union with other free republics, and such a union would be no longer what union now is. It should, then, be the watchful concern of all to maintain and support the honor, dignity, and equality of each; and equality alone can reciprocally maintain the strength of all. If first one and then another may be subdued, finally all but one will become subject to that one, central and consolidated. This should always combine the majority of States to support the weaker portion of the Union against the very appearance of oppression."

Such is the position of Gov. Wise on the slavery question. He is radical in his views, demanding the fullest protection from the courts and Congress for the protection of slavery. The faults as well as the virtues of Gov. Wise he carries openly in his face; if he is bold and imprudent, so he is frank and truthful. There is no deceit in him, and his political enemies know the worst when they know anything of his views or his course.

R. M. T. HUNTER.

SENATOR HUNTER is a contrast, in almost every one of his traits of character, to Governor Wise. The Governor is voluble-he writes letters thirty columns long upon the condition of the country. Senator Hunter is reticent. The Governor is, say his enemies, rash. Mr. Hunter is cautious and prudent to a fault. Governor Wise, again, is a reformer in his way-Senator Hunter is set down as an "old fogy" in politics. Yet both are Democrats, and agree in essentials, as a matter of course.

Few members of the Senate enjoy to such an extent the respect of the entire body as Mr. Hunter. His manners, his bearing, his style of speaking, and his deportment in social circles, are such as to win him the esteem of all who know him, even in spite of political opposition.

In the Senate, he resembles some quiet unpretending farmer, who might have come up from a rural district, to sit in a State legislature. He dresses plain, is dignified without the least particle of pretension; speaks plainly, slowly, but clearly. Never tries to ride down a political opponent by declama

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