Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-10-29
From the Richmond South.


we do not hesitate to avow a preference for Douglas
over the nominee of the AbotiOnists. Nay more as
between the man to whom indebted for the repeal
of the Missouri restriction and Judge Brcese who uni
ted with the Black Republicans to defeat that measure
and who rewarded by them for his teachery to the
South we incline rather to the election of Senator
Douglas
But, while such is position in respect of the srug
gle in Illinois, cannot forbear an expression of dissat
isacon with doctrine which Judge Douglas has pro-
mugated in the progress Of the We aIude to
the declaration that Territorial Legislature may law
fully prohibit the introduction of slavery 1t is true
Judge Doug LAS maintains that such an exclusion Of
Southern interests from the territory, may be
accomplished only by the indirect expedient of refusing
the legal enacments essential to the security of slavery
But the wrong not mgated by the mode of its per
pctraton. 1t the people of the South have right to
equal enjoyment of the territory they have
right to be protected in the privilege. If the terrific
rial authority is incompetent to repe slavery by positive
scment it is Just as much incompetent to repe slave
~ by omission to give it the security OF legal guar
antcCs Every citizen has right to the protection of
his property by government hence results ALLEGATION
on the Territorial Legislature to secure immigrants from
the South in the quiet possession of their Slaves If this
safe guard is denied them it is less wrong than if
they were excluded from the territory by positive pro-
hibition. Wherefore, deny out and out that Ter
rtoral Legislature which is instituted expressly for the
protection of the rights OF persons and property, may
constutonaly refuse the enactments essential to the
Secarity Of slayery-thc property of the South.
The same conclusion established in the Drcd
Scott decision, but by somewhat different process of
In the first place the Supreme Court
planted itself on the position that Congrcss-he Federal
Lcgislature-has power under the Constitution TO i'll
erdict slavery in the territory This is the non-ncr
venton doctrine Of the Democratic party. But ter
rtoral government is the creature of Congress- and
possesses only such authority is communicated by its
principal Wherefore, the territory Of Legislature is
incompetent to exclude slavery either by positive enact
ment or by indirect artice. If we deny the dogma
that the Federal Government may prohibit slavery in
the common domain the conclusion against the power
of the territorial Legislature to accomplish the same re-
suit is absolutely irresistible No Southern Democrat
will pretend for moment that Congress rghtfuly
prohibit slavery in the territories
When, therefore, Judge Douglas reported to have
declared that the Territorial Legislatures might lawfully
exclude slavery from the territories by denying it the
protection to which all property entitled at the hands
and mischevous heresy But his friends ventured an
apoOgetc Interpretation of his language; and before
protesting against the principle which we understood
him to promuIgte awaited his construction of
his speech We have it at last and obliged to
say that it is very far from satisfactory to the South
The apoosists of Judge Douglas represented that in
asserting the power OF territorial Legislature to
clude slavery by denying it legal protection he intended
to impose the obligation upon Congress- In other words
they understood him to affirm it to be the duty of the
Legislature 10 enact laws Or the security
slavery the territories If this were his meaning we
could not acqut him of maintaining an erroneous opin-
ion in regard to the authority of the territorial govern
mens but might applaud his solicudc for the inter
css of the South.
Unfortunately, Judge Doug las repudatcs the friendly
contrut tiUn of his adherents He maintains the right
of Territorial Legislature to refuse the cnactmentS cS-
sCnta to the security of slavery but he does not pro-
pose to repair the deficiency by the protecting ncrven-
ton of Congress. On the contrary, he empbaticaly
denies the power of Congress to cgslatc at all in
spcct Of slavery in the territories. True he involves
himself in papabIc absurdity for if Congress may
not act upon slavery in the territories neither can the
Territorial legislature which is but the creature of
Congress Nevertheless Judge Douglas docs explicitly
deny that Congress may mterpose for the protection OF
slavery in default Of territorial legislation In proof of
the assertion invite attention to the following article
from the Chicago Times of October 18th:
We think the reader will agree with us. that the charge
upon the Democratic party Of attempting to pace The rag
ies comes onder The head Of foolish assetio.s against
ochic ii IS needless 10 oppose serious dG For We pre-
mise that person but desperate partisan would make
the accusaton and but blinded fanatics will believe
that the accusation contains any truth and such ndvidu
ais would believe firmly in the face of denial in the
absence of one Taking this view, had about deter
mined not to follow up recent article the subject
slave property in the territories, with on the subject of
topic in respe table Republican paper printed in the
country, propose to repeat Zines " and pre-
cepts OF wholesome nature and commend them to friend
and foe.
Be it observed that the statements that the Democrat
c party in Illinois, or in any other State, are in favor OF
fortifyng slavery the territories with Congressional
slave code, kept back until within few weeks and
are only sprung upon the public now in the hope of deceiv
Democracy urging the enactment of slave coe and
that Senator Douglas if the Democratic party succeed in
this State viii urge and procure such enactment. This
is the substance of the acCsatOn it started for the
most wicked pur by the Republican journals in Chca-
GO and has extended with the speed and facility of Sian
DER all sections. But have the editors who make this
charge anything to support Do they offer proof or
intimate that they have in their possesSon Not at
all but still the charge kept spite of repeated de-
mails by the Democratic spite, too of the puere
nature of the charge itself
And it will remembered that Lincoln questioned
tor Douglass to ascertain how he viewed the matter and
sorGegnty It's Fundamental prucipe broad ood
firm enough for him aud the Democratic party TO stand nl
on aud that platform and that arl"clple are opposed to
Congressional Intervention FOR AGAINST SLAVERY THE
TERRITORIES Thee is evidence in LnCons subsequent
speeches that he DC emed that complete the peo
pie OF the State regarded overwhelming But notwIh
standing this accumulation of testimony in opposition to the
assumption that the Democracy and Senator Douglas
ever will be in favor Of enactng Congressional slave
code for the erritOresbe Republican papers in this city
every day two repeat the accusation. And yet it
hardly be possible that they expect the people to give any
credence they do expect however they calculating
effects that will not be realized The people are not fools
but those who take them to be fools less wise than
knavsh The majority of the people Democrats, and
the result of the approaching election will show that they
the negro to the expense and neglect OF the white
man.
Haring dtnielthat the Denocracy-any ring of The De
nlOcTdcy, at the North South, intend TO push for pro
tcSS to G tdcor Of The enactment Of SlaUe code for The
territories it does not necessary to continue the dis
cusson Any person. to be has the right to speculate
the supposed advantages manifest Disadvantages
such a code law against tbat-snd it is nobody
business but when it is said seriously, tat The acnant
Of nil ecer enter INTO the policy Of hc Democratic party
serious faseh00d uttered There is authority fol
such code in the principles OF the Demoa ratio party
know of no Democratic statesman who is ready to
beyond those principles for auhry for any present action
or prospective policy
The enemies of the Democracy in Illinois go too far they
desire to defeat Senator Douglas and just far enough they
would fall short of that result. Their zeal to cOnjure
y issues out of the future which any person knows the
future does not c0ntanfor instance their nonsensca
about slave code is cOncusiYe Of and is