The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-11-05

The pamphlet ot He. U0uglae, for some time
promised. containing his reply 70 Judge Biack's
criticism % tAs famous Harper srsicle. hes at
I~ngth made iss appesranee. TIE emily part Of
shis panphset which ceutains snysbinG with
much poias In it, y The apsvsr - Judge Blacks
legal footing in the Territories independently Of
any express legislation BY Congress, Or the fer~
sisssiai LegieaAtures with sidsng i,s es1stenee
there. Judge Black, h will Be fecoleeted, DIES
mot bape the right Of slAve holders 70 take their
elaves into the Territories and to hold them
there upon the Consultation Of the pnitea States.
lie does NOT pretend that ths Oenssisation e.
tabli,hes slavery in the Territories or any where
else, aud he lreass 40 On infamous q. pession, on
the pats Of Nr. Douglas, the suggession, in his
Hasper's article, 1hat sush docssine 10 held by
sectioa Of the democratic party. He places
the right of the emierant from slave State 10
coutitlus 70 hold - slaves the negroes whom be
may ial 9th him into . Territory - the eo-
tsbiished principles Of public law, chat rights ef
property and privsss rela,i0ns lasislly existing
10 one State or countsy are not changed By the
mere rcnoy Of the parties TO another country,
if there be NO conflicting Law in that other
country By which such righss Of property Or re-
lations are prohibited. Thus, marriage law-
fully solemnis a in France 10 binding here,
children leGieinats BY the Law of Germany are
legis,n1sts here, asd goods purehased 10 New
York may be held under che title thus acquired
in any pas. Of tie civilized world. q
70 .6is foundasios for tAe right Of slavehold-
ing in the Territories. NJ. Doaglas objects, In
the first place, thet the very authosssies tbatlsy
down this doctrine Of ths secognitisn in one
State ofrights origipasiag under the laws Of an
other State, expsessly except the relation Of
sinister and slave, unless slavesy bs expressly
Recognised BY the laws Of the eOantsy % which
the traesfee 10 made, ID the seeend place, be
urges that foreign Law can have no efficacy Of
itself merely. IL muss oVe itg operations IN any
other State 20 the consent Of that State, either
expressly given ior implied, by the Courts, from
the fact that there 10 no cOntraveuine legislation
nor any established system Of policy running
counter to such . recognition. These Laws Of
other States are enforced, not in their character
or foreign laws. bu: % having been expressly Or
sacitiy adopted by .he States 10 which they ere
enforced. The laws Of Virginia, - such, have
and can have 20 force in Kansas. They can
operate there only % fer a Kansas consents q
tho relations which they create. Such 10 IL
doctrine clearly ses down on this subject BY The
Suprene Court Of the Uait States, and BY all
che writer's on the subjeck II, therefore, slaves
brought iuto Territory are TO continue 70 be
held there, il can only b. ON the strength Of .
consent, express or io'plied, on the part Of the
Territorial Legislssure, 70 the existence 10 the
Territory Of the selation Of master and slAve.-
Bat. if the Territorial Legislature has, - 10 con
tended by Judge Black, NO right 70 legislase on
the subject Of slavery, at least no right TO pro-
hibit il, then the mere fact that NO such prOhi-
bision ssiss, icils entirely to furnish any ground
| fee concluding that the territory consents To
the sxiseaaes within iss limits Of the relations
created By she lave Of Osher Ssates
Rven suppose that vifginian, without any
adopsios, On shs part Of . Territory. express o.
implied, Of The inssit0sion ef slavery, may claim
. hold bis slave on the strength OF hie Visgiaia
title, can hs also undertake, on the strength oi
that title alone, and without any Territorial leg
tslasvoa 70 aid him, % transfer hts ownership %
snybody elsel Can vermontes, who becomes
the purchaser, Get up the lsv of Virginia - pro
teoting him also % veil u the original proprie-
| tori 81
NJ. Douglas insists. and not si.hout reason,
thst in The ceaees1soss me1e By Jndge Black ~
bic supplementary rsnasts @ y. Dosg.as.
| Wooster epeoch, b. reduces the psetended right
Wick, under the lav Of bic own State. aa ia.-
| mirrstipg slaveholjer carries With him into Z
Tersisory, to mere shadow. II, - Judge Black
admits 10 thess sspplsnenessy rsnarks, the re-
specsivs sigsts and obligaaioas Of the nsasse.
and The slAvo mest b. psotected and enfosced
! by the lsw prevailing q the place uhsre thes
i an snppoeed % be vjolAtod-what 10 TO becOme
tha riehts of IL maseee Of the obligeti0us q
| he elsvs 10 The absence Of any Legislation
e.hss Teerisoslal o. CongeesEionalto 70 protect -
ons ue 70 enloscs he otbets What y bar
| lille 10 . assse sndse The laws Of Virgsns'
wossh, in the abssnes of any authority - -
sres bic services - = psnise bis dlsoeseseees
ne attempt - coaaeet The Republicao pastl
| II n~k Il q