The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-13
THE TERRITORIAL SLAVERY QUESTION.
Reply Of Judge Black, Attorney Gene.
raj Of the United States,
Late Popular Sovereignty Mani.
festo Of Mr.. Douglas.
The 0Little Giantn Beaten with
His Own Weapons,
&C., Sc, sc.
PREDATORY NOTE.

appearance VI Muguxne Tor september,
in the confident expectation that somebody with
leisure and greater ability would fully express the almost
universal dissent OF the public mind from the views con.
tanned in Mr. Douglas article He yielded to thc request
Of friends only when he what he supposed to be
general wish for discussion extended than could
be given Of such subject newspaper paragraphs why
not put the writer's to it9 Because the truth or
falsehood Of what is written does depend the name
or character Of him who wrote it, lie tibellumi Let
60 FORTH and find what entertainment il can
WASHINGTON, Sept Z, 1859
Every one knows that Mr.. Douglas the Senator from
Illinois, has written and printed elaborate essay, com.
prising thirty-eight columns OF Hd7er's Magasne in
which he has undertaken to point out the dvidng line
between federal and local authority Very many per
have glanced its paragraphs to catch the leading
ideas without loss OF time, and some few have probably
read it with care.
Those who dissent from the doctrines Of this paper owe
to its author not TO his arguments, most respectful
answer Mr. Douglas is not the man to be treated with
dsdainful silence. His ability is fact unqucsoned his
public career, the face of many disadvantages has
been uncommony successful and he has been for many
years working struggling candidate for the Presidency
He is moreover the Corypheus of his political sectthe
founder OF new school; and his disciples naturally be-
eve in the nfable verify of his words as part of their
faith.
The style Of the article is respects, highly
mendabe II is entirely free from the vulgar claptrap
OF the stump has vain ad0rnmcnt OF classical scholar
shp shows signs of the eloquent Senator IL is
without the logic of the great dcbatcr Many portions of
are very obscure III seems 10 DC an unsuccessful effort
at legal precision; like the writing of judge, who is try
ing in vain TO give good reasons for wrong decision
question of law which he has no. quite mastered.
With the help of Messrs. Seward and Lincoln he has
defined accurately enough the platform of the called
republican party and he does not attempt to conceal his
conviction that their doctrines are in the last degree
dangerous They are most assuredy, full Of evil and
saturated with mischief The ''irrepressibe conflict
which they speak Of with much pleasure between the
composing and enduring forces' of the Northern and
Southern States will be fatal not merely to the peace Of
the country but to the existence of the government itself
Mr. Douglas knows this and he knows also that the demo
cratic party the only power which is be- orga
nzcd to resist the republican forces oppose their hostile
march upon the capital He who divides and weakens the
friends of the country at such crisis in her fortunes
sumes very grave responsibility
Mr. Douglas separates the democratic party into three
classes, and describes them as follows
First Those believe the constitution Of the United
Territories beyond the power Of the people legally
regulate their domestic Institutions their way subec
o Second fSose who h the
slavery the Territories and wihods from Congress
ss that in the event the Territorial Legislature fails to enact
the requisite laws for protection 1t becomes the imperative
duty OF Congress n,erpose authority and furnish such
stuton establishes slavery in the Territories beyond the pow
sr Of Congress or the Territorial LEGISLATURE at
for projections but insist that is the duty of the judiciary
law upon the subject
We give Mr. Douglas the full benefit of his own state
ment This his mode of expressing those differences,
tegrity OF the American democracy These passages
should, therefore be most carefully considered
The first class is the one TO which he himself belongs
and to both the others he equally opposed He has
right to between the second and third class If the
difference which he speaks Of does exist among his oppo
nents, their business his settle or fight il
out We shall therefore conne ourselves to the dispute
between Mr.. Douglas and his followers the hand
and the rest OF the democratic party on the other
Stunning that he will be willing TO observe the principle OF
intervention in all matters with which he has
We uf pyor, ,nn orar in which ba hoe a.,
subject, and endeavor to show
l. That he has not correctly stated the doctrine held by
his opponents; and
q That his own opinions, given by himself, are
altogether unsound.
l. He says that certain portion of the democratic
party believe profess to believe that the constitution
establishes slavery in the Territories insist that is
the duty Of the judiciary to maintain there without any
law the subject. We do charge him with any in
tenton to be unfair but VIC assert that he has in fact
done wrong to, probably, nineteen-twenteths of the
party by attempting to put them grounds which they
The constitution certainly does not establish slavery
the Territories nor anywhere else Nobody in this
try ever thought or said But the constitution regards
sacred and nviolable all the rights which citizen
may legally acquire in State If acquires pro
perty of any kind in State, and goes with into Terri
tory he is not for that to be stripped of it, Our
simple and plain proposition is that the legal owner of
slave or other chattel may go with him into federal
Territory without FORGETTING his title
Who denies the truth of this and upon what ground
il be controversial The which support are
very obvious and very conclusive. As jurist and
statesman Mr. ought 10 De familar with them
and there was time when he was supposed to under
stand them very well. We will briefly give him few Of
them.
L. 1t is automatic principle of public law that q
right Of property, private relation, condition status
lawfully existing in State country is changed
by the mere removal of the parties to another country
unless the law OF that other country be direct conflict
with it, For instance: marriage legally solemnzed in
France is binding in America children born in Germany
are legitimate here if they legitimate there and
merchant who buys goods New York according to the
laws Of that State may carry them to Illinois and hold
them there under his contract II is precisely with
the status Of negro carried from one part of the
United States to another: the question of his
freedom servude depends on the law of the place
where he from, and depends that Alone il there
be no conflicting law at the place to which he goes
taken The federal constitution therefore recognises
slavery as legal condition wherever the local govern
ments have chosen to let it stand unaboshcd and re-
CARDS as Illegal wherever the laws OF the place have
forbidden it, slave being property in Virginia. remains
property, and his master has all the rights of Virginia
master wherever he may go, that he go not TO any
place where the local law in conflict with his
rght IL VIII not be pretended that the constitution
tans no provision that can be tortured into any sem
blance of prohibition.
The dispute the question whether slavery or free.
dom Is local or general is of words The black
race IN this country neither bond free by virtue
any general law That portion of it which free is free by
virtue Of some local regulation and the slave owes service
Tor similar reason The constitution and laws of the Unit
ed states simply declare that everything done in the pre-
misses by the State governments is right and they shall be
protected in carrying 1t out But free negroes and slaves
may both find themselves outside Of any State jurisdc-
ton and in Territory where regulation has yet been
made the subject There the constitution Is equally
impartial 1t neither frees the slave enslaves the
freeman requires both to remain satu quo until the
status already impressed upon them by the law of their
previous domicl shall be changed by some competent
local authority. What is competent local authority in
Territory will be elsewhere considered.
g. The federal constitution carefully guards the rights
Of private property against the federal government itself
by declaring that shall not be taken for public use with
out compensation, nor without due process of law.
Slaves private property, and every man who has
taken oath of fidelity the &