Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1859-11-18

| horse. lis right Of property in the latter =
absolute He may sell, use or kill it et his
rseaaurc, he may do anything with i that
will not injlre the rights 81 other members OF
the community. Ii blythe laws Of the State
where the property vas acquired. he could be
punished for its abuse, (as il casa Of cruelty
70 animals,) or vas restrained in certain cases
from is alienation, all these restrictions perish
when he passes with Il into a territory, or II
euy ether way carries il beyong the reach of
the state laws. lis rights then become abs0-
lute and unconditional.
how ls Il with respect to slave property r.
ju3ge Black says that esthe question: whssher
the relation Of master and slave exists or not.
rast be determined according 70 the law Of
the state ie waieh it was created, bat" he
adds, sttae respective rights aud obligations Of
the parties must be protected aud enforced by
the ia@ prevailing at tbo place where they are
supposed 20 be yiolsted. Ghe master takes
with him into tha territories bis title, bat not
the Judicial remedies which were furnished hin
al the place where bis title was acquired s."
Judge Black is adFoit. He excepts these ja-
dlclal remedies, % escape the absurdity OF ex-
tending state laws beyond their jurisdiction. -
We understand by this exception that the
Courts of a Territory, where no slave cote has
been aaacted. can do no more than adJudicate
the question Of title, and reaeliveg 80 the
master hs slave. They could not punish a
third party f0r teaching tie slave TO read, for
h4rboring him, or for entieiae him away Tue
master loses the benefit OF these enactmanIs,
If any sEch there were in the state from which
he came, when he passes tie boundary oi t4e
state. Nothing ike them can be found il he
constitution Of the United States.
Judge Black must therefore modify lis pro-
position, aud say that slave being property ii
Virgiaia, h.s master retains all tbs rights of a
Virginia master 10 a Territory where no slave
code exists, ercept i4e rtga to sach legislation
as a0W protect has stape property.
Now oap party have right, without aaF-
ing remedy Judge Biaok may say tha.
tie right originates under the laws of lie state
fcoga which tue slave was brought, and that
these ere incapable oe afording j remedy.--
Bat il matteFs nos where tie right ofigiaatsd
Z would psf;8l When tIa master passed. irto'
the Territory, where i not for Judge Blacks
construction Of the Constitution Of The United
STATES. Suppose the master aud his SLAVE 10
50 iaio foreign Territory or State where no
slave code exists, auC over wAica the Colsli-
tutiou Of tie Ualed States does not cxioaa,
what wouli to tie consequence? Certainly
they would have eqaal rights before the law.
/; Is elear then that the right which Juise
Black claies toI the Virginia es2sior, dces net
exist BY 7;gsae Of Virginia laws, but. as ho
himself says, by virtue es tAe Constitution OF
The United States. lie denies that the con-
stitution 'esta5isShss slavery IL he Territories
Now If the FeIegal Constitution gave 10 tas
master his fighs, is !, not the duty Of the FEEDER
al Congress TO protect it By legislation That
Judge Black viii say yes, to this question,
when the time comes 10 answer i, we have no
doubt. Southern Democrats have taken that
position already. Ii is the next step in the
systematic progress of slavery, another link IN
Tue adan4uiue chain Of cruelty and barbarism
with which Judge Black is adiae to fctter lie
free spirit Of our democratic institutions We
ask j ddge Black 10 define his position on this
question now. His party is looking for Nor
lherA dough 10 work into Presidential c4ndi-
date, lst BAN gi7a tie pceof that he IS tue right
material. Consistency demands it. H. has
repTo2cAed Judge Douglas tampering with the
constitutions rights OF the shareholders W.
would ask bin j; these rights are more in dan
ger from ''unfyieudly legislation, OF from We
Ma trsspasscs on the past 0. old John Brown
and iudlgidaals Of like sentiments. Perhaps
Judge Back thinks that be is safe ia romitting
the owRers CT human property 10 its appropriate
means OF defence, the bowie kaite and rcvoI-
yer. They have no such confidence Maks
haste 10 declare the new Democratic doctrine
Judge. We long to meet you on the question of
Federal legislation, fer or against slavery in
the Territories.
We viii uots.op hers to dispute Judge Black S
proposition that the constitution recognizes and
protects slavery in the territories. Had We time
Tor tais, We should argue thar the status OF y
uegro uoder the constitution is that of ga per
son not ga ctattet," and that he Is entitled to
tue oened; Of that article which provides, that
''Ao person Shall be deprived of life, liberty or
property without due process of law" 1t is
possible that after Julge Buck aud our present
Supreme Court have passed away, aud are mer-
cifGily iorgottea, that an uprigat Judiciary may,
without torture extract from the words we
have quoted, something more than the ssemblance
Of a Prohibition
Leaving third parties out OF the question,
Judge Black would Say that as between the
master and the sla7e, the rights Of the former
remain undistaIbed, when be goes from slave
state into Territory. But what becomes OF
the rights OF the slave! May the master scourge
mainor kill May be starvt hin! May he
make him work eighteen hours in the twenty
four, and every day in the week? May he sell
him away from his family! If the slave came
from Louisiana be was protected in all these
particulars. The masters right of property was
SO far limitad. These limitations dehne the
status of the slave. They are mach his right
as all thBt falls outside OF them is the right OF
the master. Must the Territorial Court decide
that he is his masters property, subject never
theless to all the restrictions imposed BY the
Laws of Louisiana! Would not such decision
be absurdl Would it not be mockery. The
master may appeal TO the laws of his state in
support Of bis title, but the slave canpot appeal