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Unorganized Territories

In early 1860, U.S. Senator Brown of Mississippi, proposed a bill to protect slavery in the Territories. The Unorganized Territories. Not those already organized with a government. Examples given:

Pike's Peak, Arizona, Jefferson, and Dacotah and all other's about to be organized. All other Territories having been organized had forbidden slavery except New Mexico.

"Resolved, That the Territories are the common property of all the states, and that, it is the privilege of the citizens of all the States to go into the Territories with every kind or description of property recognized by the Constitution of the United States, and held under the laws of any of the States; and that it is the constitutional duty of the law making power, wherever lodged, or by whomsover exercised, whether by the Congress or the Territorial Legislature, to enact such laws as may be found necessary for the adequate and sufficient protection of such property.

Resolved, That the Committee on Territories be instructed to insert, in any bill they may report for the organization of NEW Territories, a clause declaring it to be the duty of the Territorial Legislature to enact adequate and sufficent laws for the protection of all kinds of property, as above described, within the limits of the Territory; and that, upon its failure or refusal to do so, it is the admitted duty of Congress to interpose and pass such laws."

Senator Saulsbury of Delaware asked Mr. Brown, "Does the Senator know of a single unorganized Territory in the United States which is now being sought to be organized into a Territory where there are any slaves to be protected? Does he know of one where a single slaveholder exists whose rights are about to be injured by any action of the people of such a Territory?"

Mr. Brown. "Yes, sir; I know the rights of slave holders are not only about to be violated, but that they have been violated in the Territory of Kansas."

Mr. Saulsbury. "There the Senator applies it to ORGANIZED Territory. His resolutions are in reference to UNORGANIZED territory."

Mr. Brown's answer was to allude to a future Bill that is being kept from debate by Senator Green, Chairman of the Committee on Territories, until after the Charleston Convention, that would deal with Organized Territories, such as Kansas.

Congressial Globe, March, 1860.

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They can't even keep their argument straight or their primary concerns realistic. According to Senator Saulsbury of the slave state of Delaware, the debate to protect slavery in the Territories, "unorganized", is without foundation. Here again is a problem with the concern of the platform over the issue of slavery in the Territories in 1860. Why bring slavery to Pikes Peak, or the Dakotas? Jefferson Territory is basically Colorado today; and who needs slaves in 1860 Arizona? Not much of a real need to grow cotton there.

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David Upton

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