Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-09-10
FRIDAY INCOMING, sEPTEMRER 10.
SENATOR DOUGLAS.

SENATOR DOUGLAS.
Our adyicss from Illinois are Of the most cheeril
de.cptiou. 1t is confidently asserted that the Demo
orats will have majority in the Legislature Of at
least twenty votes over the combined votes of tie
Black Republicans and the Boilers "-or rather
tser the Republican vote alone-for 1t s improbable
that their ales will carry single county election
The ooalesced opposition have been fairly beaten
on every issue started either on the stump or through
the press. They have not scrupled however. to re.
sort to the most dishonorabe lodges. Among these
stands conspicuous the udicrous attempt to consuue
Judge Douglas speech, at Freeport, into squalter
sovereignty anti bred Scott pronuncamen'o. Inc
Illinois statesman never did better service 10 the con
siutonal rights of the South, thar will be efecled
by following ny the frank crd r'n'y suggestion OF
that speech 1t repeats, from an authoritative source
what the Enquirer has persstony held up to the
ATTENTION of Southern men-viz that the present
state OF Federal legislation is entirely inadequate for
the thorough and eaectus! protection of slave pro
psrty in the Territories. The Ks.-ss.Nsbraska act
gives the people Of Territory full power to egislste
for themselves, subject only to the limitations pre-
scrbed by the Federal Constitution. The bred Scott
decision demonstrates that the Constitution of the
denies q
power to prohibit slavery.
Thus slavery cannot be prohibited in territory
Bot how can it be prOieeled7 The Kansas act docs
not protect it. That law does not make it imperative
on territorial legislature to provide "ocs police reg
ulatons, Furnishing remedies and means Of enforcing
the right TO bold ssves Under the present state OF
federal egisls;ion there no special remedies and
mssns Of enforcement provided for the security OF the
constitutional rights Of the South in this respect
Slave property 10 left to the more general regulations
OF the federal oode embracing every species of pro
perty. The experience Of every slave State in the
Union demonstrates that ouch general provisions
altogether inadequate for the security Of slave
properly. Slavery is not a mere institution of pro-
pery. 1t i, in itself separate element Of pairi-
archal governmsnt-a social element in another
sense than that in which property oar be- 80
considered. 1t has direct Influence on the re-
atons of families, neghborhoods and political com
munities. Peculiar in it's nature, il requires Pc
culisr adaptation of municipal law for lite healthy
maintenance. Take single example. settler goes to
Of Western territories which happens to have
an anti sleysry Legislature His slave is persuaded
away from him by some underground agent, whom
be- afterwards Identifies as the maefactor What can
he dol He consults his lawyer, who tells him that he
will DO obliged to frame a action on the cass,
for which there 10, in all probability no precise prece.
dent and thue trust civil suit to recover in ape
DIAL damages the value Of bis slave. The wrong duer
may be a bankrupt-or the plaintiff may be altogs-
ther unable produce evidence to the value of the
slav.. At best he will be TO ind the civil sui.
long contested aud expensive and fna!ly comes out
minus only bis lawyers fee, in consequence o.
purse being made up by an abolition society 10
protect the defendant from ioas. The latter bs-
CONES citentmes more enthusiastic than ever in
the cause of underground rail roads, aud the plain.
TIT inwardiy resolves again to trust to civil
suit for the protection OF slave property. He los-a
another slave, and again consults legal adviser
this time, with view to iosttuting criminal PROCESS
szanst the person who has furnished his save with
money aud letters by which he hcs teen enabled 10
e.cspe to a free State. No such process can be in
stitu,ed. Why noiI Congress has passed Law under
which this can be recognised criminal offence, or
even ID misdemeanor. The whole ma,ter of pro-
v:ipg such legislation has been left to the uncon-
roed sction OF the Territorial Legislature it
By the Kansas aot And the Territorial Legislature
has done nothing at ALL But can't the Territorial
Legislature be compelled to pass such awsl By no
means. Congress, the Supreme Court, or the Pres.
dent may prevent the passage or the execution of
any unconstitutional law by territorial authority
BE-, neither of these cen, by any means in their pow
err oblige the Territorial legislature to pass any law
whatever, however constitutional or neaessary in its
character.
Thus it is that Territorial Legislature may, not.
wths,andpg the full recognition Of the bred Scott
decision aud the Ksnsas Nebraska act, by lawful
means, practically exclude slavery from Territory
before It becomes Stats. We say ths may be dous
BY lartul means This ,hould be properly UNDER
stood. We do not cay, nor does Senator Douglas say
that protection may he thus withheld from slave
property without violation OF the apirit of the Con-
stuton. The point to 10 considered il, where does
the burden of this violation by omission finally rest7
Not with the Territorial Legislature. That body may
fairly and legally refuse to accept responsibility
which Congress itself declines to incur. Members of
Congress have no right 10 shift this responsibility
from their shoulders to that of their Territorial
delegates. The constitution requires that slave pr op
erty shall be protected in the Territories and s The
business Of Congress 10 furnish this protection d
rectly and Immediately. If members of Congress
attempt avoid this responsibility, and then attemp,
to complain Of similar avoidance the part OF Ter
riterls authc: ties, the latter meet them with the
prompt and conclusive reioindsr, do it yourselvee
This is the stae Of affairs demonstrated by Senator
Douglas Frseport seech. And this is all. He has
come forward bodily to point out TO Southern the
exact locality and nature Of The nuisance to which
they are subjected. He has proclaimed the truth that
the Kansas Nebraska act and the bred Scott decision
of themselves insufficient for the protection Of
slave property in the territories.
Have We no reason to be thankful for this honest
es:onl Tits true teaching and it tehooves Southern
TO heed the only just conclusion to be drawn from
it, Congress must intervene to protect slapery in TIE
territories. Let put shoulders to the wheel,
and labor earnestly faithfully and prudsutly for the
contamination of this constitutional necessity.