The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-10-09
THE BASIS OF DEMOCRATIC UNION SLAVERY
IssIJE,s sTRIf,K EN FROM THE DOCKET


As the mariner consults the barometer to ascertain
the weight and pressure Of the atmosphere and to
calculate the probable changes of the weather, so
does the statesman keep close eye upon the move
ments Of politicians order that he may determine
the character of the political elements and the niu
ence they likely to exert upon the government Of
the country 1t is not to be disguised that the future
of the democratic organization is in great danger Of
being disturbed, if not distracted, by conflicting
opinions in regard to most delicate and important
question connected with the constitutional policy
Of the Union. In order to bring the subject distinct
ly before the reader propose to analyze the sew
eral contradictory opinions which may be said to
prevail in this matter amongst those who profess adj
herence to the democratic and opposition parties.
T. There are those who maintain that Congress, by
virtue of the constitution, possess plenary power
over all the affairs of the Territories. This class
declare for instance, that Congress is fully empow
cred to prohibit slavery therein including the Dis
trict Of Columbia.
III. There is another class Of men who are demo-
Gratis that maintain that the people of the Territories
by virtue Of their inherent sovereign rights, sane
toned by the theory of the American government,
possess plenary powers Of legislation, extending to
all subjects Of local concern, including that Of sla-
very.
III. There is still another class of democrats who
assert that the Territories the common property
Of all the States that governments authorized by
Congress therein act by virtue of authority conferred
upon them by the States through the federal egis-
lature that they are representative governments
and are limited in the sphere of their operations
strictly to the maintenance of public order and to
the security of persons and property therein that
the authority Of territorial legislature does not
tend to the subject of slavery at ALL that relation be-
ing recognised by nearly half the States Of the
Union; and persons going into the Territories with
their slaves carry with them for their protection
the rights which appertan to slave property in the
slave States that the title to slaves is fixed by
virtue Of the jurisdiction Of the constitution
over the local government--not that such jurisdic
ton in itself establishes slavery, but a cit-
zen Of one of tho States taking his slaves into the
Territory may demand the protection of the laws
and invoke all the usual remedies in his behalf which
are applicable to other property therein
We need not occupy space in refutiog the FIRST
proposition that Congress possesses sovereign uris
diction over all the affairs of the Territories That
is the anti-slavery sectional doctrine. It is main
tanned with view of keeping perpetualy before
Congress and the people of the States the subject Of
slavery. 1t is the doctrine of the Missouri Compro-
mise, Of the Wimot proviso; it is tie doctrine Of
universal agitation Of contention between the North
quality-denyng to ono portion of the country what
- i .
lativo supremacy the federal constitution. 1t
is the doctrine Of disunion.
The second class to which we have referred is
composed Of many Of tho most respectable citizens
Of the free States and Of more less Of those who
reside in the slave States. The question between
these persons and those of the third class pure.
ly legal onewhether, by fair construction of the
federal system, the people of the Territories are,
like the people of the States, sovereign and inde-
pendent over all subjects Of local legislation, incl-
ding that Of slavery, or not ? We arraign of
the first second, or third class on account Of his
opinions upon this subject entertained and express
cd before the final decision Of the whole matter by
the Supreme Court Of the United States. That tri-
bunal was established for tho express purpose Of
fixing the boundary lines within which the legis-
lative and the executive departments Of the
government may exercise their functions and
it is certainly the province of the federal
courts to determine the character and jurisdic-
ton Of territorial governments, and to regulate
the rights Of property Of all individuals there
in. The judges have proclaimed their opinions
upon this whole matter. Their decision is binding
and conclusive upon us all. They have declared
substantially that territorial governments, by whom
soever conducted, restricted in tho exercise Of
their authority against the enactment of any law inn
pairing the rights of citizens therein who may hold
slaves as property that such governments exist
by virtue Of authority conferred upon them by the
Staes that in point Of fact they represent the States
during the whole period Of their dependence that
their executive and Judiciary hold their offices from
the President that they federal officers, or Off
GERS Of the States that slave property is like any
other property and that all remedies applicable to
the attor are also applicable to the former that
no special Legislation is necessary to secure proec
ton to this property, and none whatever to maintain
the title thereof
However much we may dispute about the logical
character of this decision of the Supreme Court wo
cannot good citizens, deny it's binding force upon
the nation. II is the law of the land, and has the
express sanction as such Of our highest udicia fri