The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-13

agreed that the absence q RESTRICTION did in fact
II right 70 learn wisdom Srom our our enemies Tho
republicans do not point 70 any express provision OF the
nor q any general rn principle embraced
views. The ablest men among them arc driven
by stress Of necessity TO hunt for arguments in
a code unreycaed unwritten and underlined which
they put above the constitution or the Bible, and
cali il "higher law" The ultra abolitonss Of New
rightly interpreted by the democrats not interfering
against slavery Territories but they disdan TO obey
what they pronounce 70 be an agreement with death
| and a covenant with hell ~
| 4 What did Mr.. Douglas mean when DO proposed and
voted for the Kansas Nebraska bill repeating the Missouri
resrctonf Did he intend TO tell Southern men that, not
whsanding the repeal Of the prohibition they were ex
cuded from those Territories as much as everf Or did
he not regard the right of master to his slave perfectly
good whenever he rot rid Of the prohbon Did he, or
anybody else at that time dream that was necessary 70
make positive law in favor Of the STAKEHOLDER before nc
could go there with safety To ask these questions Is 70
answer them9 The Kansas Nebraska bill was not meant
a deusion was well understood tnat the
repeal alone of the restriction agansts would throw
the country open to everything which the constitution re-
| cognzed MS property.
We have thus given what we believe to be the opinions
held by the great body of the democratic party namely
that the federal constitution does not establish slavery
anywhere in the Union that permits black man 70 DC
either held in servtude made free the local law shall
decide and that in Territory where local law on the
subject has been enacted keeps both the slave and the
free negro IN the status already impressed upon them un
I'll shall be changed by competent local authority We
have SEEM that this is sustained by the reason Of the
thing, by great principle Of public law by the words Of
Court by the whole course OF our legislation by the
ccsson Of our political opponents and finally, by the
most important act in the public life OF Mr. Douglas him.
| self.
Mr. Douglas mputes Another absurdty his opponents
when he charges them with insisting "that It is the duty
of tho judiciary protect and maintain slavery In the
Territories wiAozi any law upon the subject" The
| judge who acG without law acts against law and
surely atrocious this enter
tanned by portion Of the democratic party The right
not against law mar without law, but in full accordance
with law. If the NV be against il We are all against it.
Has not the emgrant to Nebraska legal right TO the OK
team, which he bought in Ohio to haul him the
plains Is not his title good to II in the Territory
in the State where he got iS And what should be
said Of judge who tells him that he is not protected, or
that he is maintained in the possession of his property
e'wthout any law upon the subject?"
H. We had right to expect from Mr.. Douglas at least
clear and ineligible definition Of his own doctrine. We
disappointed 1t is hardly possible to conceive any
thing difficult to comprehend We will transcribe il
| again, and do what can be done to aaalyze It.
Those who believe of the United States
neither establishes prohibits slavery in the States or Terri
Ss pse
domestic institutions their subject only to the
/ constitution of the United States"
The Constitution neither establishes nor prohibits sa-
very in the States or Territories If il be meant by this
that the constitution does not, propro pigore either
emancipate any mans slave, or create the condition
Of slavery, and impose on free negroes but leaves
the question Of every black mans Status, in the Ter
ritores as well as the States be determined by
the local law then admit it, for it is the very
proposition which have been trying to prove But IT.
on the contrary, to be understood assertion
that the cons uon does not permit master TO keep his
slave to have MS liberty, IN parts oil
the Union where the local law does not interfere to pre-
vent then the error is not only very grave one, but
| it is also absurd and self cont radctory.
The constitution neither establishes prohibits slavery
in the States Territories beyond the OF the peo
pie legally to control it, This is sailing to Point no Point
again or a subject, which is legally controlled,
cannot be beyond the power that controls it. But the
question what constitutes legal control, and when the
| cisse it.
The constitution Of the United States = leaves
| the people perfectly free, and subject only to
i he o
round full circle and drops precisely at the place of
beginning That the constitution leaves everybody subject
TO the constitution is most true. We far from deny
ing it, We never heard it doubted, and expect
will But the statement Of ii proves nothing, defines
| nothing and explains nothing. 1t merely darkcns the
| subject, words without meaning always do
But Notwithstanding all this crcuy Of expression and
consequent opaqueness Of meaning the magazine article
Of Mr. Douglas we think we can guess what his opinions
will be when he comes TO reconsider the subject
He will admit at least he viii not undertake to deny) that
the status of negro whether Of scrvtudc freedom
companies him wherever he goes, and adheres to him in
every part of the Union, until he meets some local law
| which changes it,
1t will also be agreed that the people Of State through
their Legislature, and the people of Territory, in the
constitution which they may frame preparatory their
admission a State, regulate and control the cond
ton the subject black within their respective uris
dctons, so as TO make them bond or free.
But here come TO the point which opinions divergc
Some insist that no citizen be deprived of his property
in slaves anything else except by the provision Of
State constitution or by the act Of State legislature
while others contend that unlimited control over pr
vate rights may be exercised by Territorial Legislature
| soon as the earliest settlements made
So strong are the sentiments Of Mr.. Douglas in favor
Of the latter doctrine that il be not established he
threatens with Mr. Stewards rrepressibe conflict"
which shall end only with the universal abolition the
universal dominion Of slavery On the other hand, the
President, the Judges of the Supreme Court nearly all
the democratic members Of Congress, the whole of the
party South, and large majority North, pene-
raed with conviction that no such power is vested in
Territorial legislature and those who desire conscate
private property Of any kind must wait until they get
constitutional convention or the machinery of State
government into their hands. We venture to give the
following reasons for believing that Mr. Douglas in
error
The Supreme Court has decided that a Territorial
Legislature has not the power which he claims
| for it, That alone ought to be sufficient There
| can be law, order or security for any mans
rights unless the judicial authority Of the country be up
held Mr. Douglas may do what he pleases with political
conventions c 10, and party platforms but we trust he will
which none but the most ultra republicans have yet
all human government is TO make Life always
unsafe where property is not fully protected This is the
experience of every people on earth, ancient and
dern 10 secure private property was principal object
Of Magma Charta Charles l. afterwards attempted to
p an se M haaa a M S
still later period another monarch for kindred offence
was driven out of the country, and died fugitive and
an oucast Our own revolution provoked by that
slight invasion upon the right Of property which consisted
in the exacon of trifng tax There is government
in he world, however absolute which would be is
graced and endangered by wantonly sacrificing private
property even to small extent. For centuries past
such ontrages have ceased to be committed in times of
| peace among civilized nations.
Slaves regarded property in the Southern States
The people of that section buy and SELL and carry all
their business provide for their families and make their
wills and divide their nhcrtanccs that assumption
II is manifest to all who know them that doubts
their minds about the rghtfuness of holding such
property. They believe they have a direct
it, not only in lte examples of the best that
lived but in the precepts Of divine revelation itself and
they thoroughly satisfied that the relation of
and slave is the only which possibly exist there
between the white and the black without running
| both. The people Of the North may differ from their
fellow citizens Of the South the whole subject but
knowing all do, that these sentiments sincerely
and honestly entertained cannot wonder that they
feel the unspeakabe Indignation when any attempt
is made to interfere with their rights This sentiment
suits naturally and necessarily from their education and
habits thinking They cannot help any than an
honest in the North avoid abhorrng thief or
| housebrcaker.
The urss, legislators and people Of the Northern States
have always sacredly respected the right of property in
slaves held by their citizens within their own iiris