The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-10-13

Lean form oil Government, leaving slavery
10 the local law under the State Govern
mens. Mr. Madison prevented the admis-
sion Of the words "slavcn and slavery
into the Constitution, lest slaves should be-
. recognized As property BY it. The South
Is fast travelling to the position that slavery
is protected not ealy by local law in the
slave States, but by natural law and the
Constitution everywhere. Mr.. Buchanan
goes with the South, denying tho doctrines |
Of Madison, Clay, Webster, and the entire |
North.
Now what follows2 One thing is, ac-
cording to Buchanan one stakeholder
can establish slavery in any Territory, and
ten thousand or a million frecmcn cannot
lawfully keep il out. lie, the Shareholder,
has the Constitution on his side. They
cannot prohibit slavery Ny local law or
course not. Ii they should, and slave
should demar.d his freedom under their law,
the answer Of the master would III" said
/ Mr.. Butler in 1851, that he held the slave
4 As property under higher law than the en-
/ actnent or n territorial legislature-under
the great fundamental law of the country"
! Mr.. Ruehanan's territorial Judge, too,
woull pronounce sneh law nnconstitn-
tonal
Another thing that follows is, that there
/. M equality between the North and South
I IN the Terrtories. The Constitution carries
+ .iave State laws there to the exclusion 81
Tree State laws. Southern men have long
cnntended for this, complaining that They
{ were not on an equality, unless they had IL.
This demand said Mr. Webster. /" 4 re-
/ Sist and shall resist The idea 81 "-stsb-
I fishing that local Law e. the exclusion Of
/ the general law he repealed. Every man
= Is presumed Ia be free unless a law can be
| produced which creates ownership IN his
person" Slavery i an exception 90 the
| general rule" Mr. Cas-. in 1854, also re
sisted this doctrine OF Southern equality"
in every form IL would mix up the iuris-
prudence Of the Territory, he said, in mex
trcable confusion Ii would govern il mot
by the wishes Of its inhabitants, but by
thirty-one Legislatures II would intro
lucc different codes for different immi-
grants" alt would enable the STAKEHOLDER
t. introduce his slaves where they are pro
hibited in order to place him on nm equality
with the man who cannot hold slaves by the
laws Of his own State and then it enables
the latter to purchase slaves also, in order
that the inequality created by equality may
itself be made equal !" Even Douglas had
then sense enough to sec the nonsense and
abominable wrong Of the Southern demand,
and resisted it. To exclude slavery, he ar
sucd, was no more against one section
where il j. legalzcd, than To exclude liquors
~ hank notes is unjust to another section
where these things arc prohibited property"
All this Mr.. Buchanan reycrses. Slave
holders must carry in their slaves under the
Constitution. Northern law is only general
Law. Southern Law il local, sectional, ex-
ceptional and everything else must succumb
Ia il.
The Silliman letter also leads to the doc
trine that Kansas and Nebraska when they
become States have no power TO exclude
Slavery. When do they get il. il they new
er have il as territories Mr.. Buchanan
indeed says, that "when the people proceed
to form State Constitution il is their right
10 decide the important question for them
selves, whether the, will continue, modify,
Or abolish Slavery" The question is not
about FREEDOM Of COURSE. No territory
has the right io coatiane, modify, or abolish
| that, according to Buchanan. II cannot
have Freedom at all But how can the
people abolish SlavcryR Mr.. Buchanan
| quotes, in the same connection, the swim
Iing words &C the Douglas Bill, the people
| are perfectly free 10 form and regulate
their domestic institutions ac., salject oAie
| 20 The Consultation II The Uaitsd Safes" A
great many things 10 be sure can be- ..regn-
lated" BY law which cannot be prohibited"
Thus Congress can regulate, but not pro-
hihit, trade between the States. The peo-
pie too, must form their domestic institu-
tions subject tn a constitution which forbids
one party 20 exclude another by prohibiting
slave property which Is recognized 10 be
property by the Constitution. How can
Kansas then ever abolish slavery
Mr.. Buehanan's letter carries Slavery al
~ into all the States. A stakeholder can |
certainty settle On government land in |
Iowa Toprohibit him would be- 10 deprive |
him of the enjoyment ii territory "acquir- |
ed nj the expense Of the common blood and |
trea .nrc" But all Iowa was once govern
meut land, and the United States Censtitn-
ton is still the permanent law. The people,
according To the new buchanan doctrine,
never had the right to exclude slave prop
crty. The old State Constitution laid Co
no SURF
Neither slavery nor involuntary scrvi-
tude, unless for the punishment Of crimes,
shall ever hc tolerated IN this state and
tho New Constitution says,
There shall be M SLAYER, IN tins State.
nor shall ther, be- involuntary scrvitnde. un-
less for the punishment If crimes but all
that Is plainly unconstitutional. lfBuchan-
M we're an Iowa Judge, lac would ~ pro-
nouncc IT, Where did convention sitting
in Iowa City get the power 10 eAclude what
/ exists ever, where under the Constitution
OF tho Us. slavery existed in Kansas
under il, Buchanan says, in 1854; that is il
existed in the person Of half dozen South
crner.. Mr.. Samaels alone, can any time
| establish il in Iowa, under the same. Per-
haps this unconstitutional feature Of tho
New Constitution j. the real reason why
some people oppose IL
We shall soon have decision in the Lem
mon case from the Supreme Court that
masters have the right to carry slaves into
New York and hold them there They
have the same right, d course, in Iowa.
The decision will cover every State. Ne
sroes, the bred Scott decision has already
informed ns,--havc no rights in this coun.
Il III. 4.