Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-09-15

e1 Dy ALL except that Little band Of Ti0ald iDhdels
Who meet periodically ct Boston to blaspheme the
religion and plot rebellion against the lsxs Of the
country. The leaders of the so-called Republican
party have lately been treadiDg close the heels
u their abolition brethren but il is devoally to be
hoped thst Nh. Douglas has no intention to fslloE
their example 10 case he is elected President, he
must see the laws faithfuIly executed. Does he
think he can keep that OATH BY lighting the judi
eisTyi
5. The legislative history of the country shows
that all the great OF former times enter
tanned the same opinion, and held il 90 firmly that
they did not even think Of any other e was uni
versally taken for granted that slave remained s
slave, and free man free man, ia the new Terri
tories until a change made in their condition
hy some positive enactment. Nobody believed that
slave might MT have beea taken TO and Kept 10
the Northwestern Terriioryif the ordinance Of l7s7
or same other gutstoa had not been made t. pre-
bibit il. The Missouri restIicii0a OF 1920 wss i'm
posed solely because il understood fprohably by
every member Of that Coagressl that ~ the All
sence Of - restriction, slave properly would he as
lawful Ia the eye OF tbs Constitution above $50 80
below, aud ali agreed that the mere absence of
restriction did. 10 fact. make it lawfa below the
compromise line.
. IL is right u learn Wisd IN from our enemies.
Tie Republicans do not point any express pro-
vision OF the Constitution nor TO any general prin-
ciple embraced in il, 10 aOy established rule OF
Law, which sustains their views. The sllest men
among them sre driven by siresl Of necessity to
hunt for arguments in a code unregealtd upwrrtsu,
and undenne- which they pal above the Coestitu
uob or he Bible, and call u "higher Law The
ultra abOlitiOniss OF New EaglAnd do not deny that
Ie Constitution is rightly interpreted by the Dem
Oera's, as net interfering sgaust slavery ia toe
feIIi cries bat they disdain 10 obey what they pro
nOunoe to be ian agreement with death and cove
M 4 with hell
: What did NJ DauSlas mes n when he propsasg
ami voted for the kansss- Nebraska bill repeating
The Missouri restriction? bid he intend 10 tell
Southern men that, LoRittstsnding the repeal OF
the prohibition, they were excluded iroLl those
Territories much ever Did he, or anybody
else at that time deem that 81 Wss necessary 70 make
positive las in favor Of the slsvehodsr before be
could 20 there with safety: To ask these ques-
tions Is 10 answer them. The kansas-Nehraska
bill was rot meant as delusion or a snare. 1t
was we'll understood that the repeat alone of the
rssti lotion agsius; slavery would throw the
try open to everything which the Constitution re-
ognised as property.
We nave Iuus gwen what we believe to be the
opinions held by The great body Of the Democratic
pLrty--nsmely, that The Federal C0nstitution does
not eItsbish slavery anywhere in the Union; that
il permits q black man be either held in serVi-
tude made free the local law shall decide; and
that in q Territory where no local Law on the sub
ject has been enacted, it keeps both the slave and
Tue Tree Ne III = otuius dEShug lhAPIc5 upon
them, until il shall be changed by competent local
authority. We have seen that II is sustained by
the reason Of the thing, by a great principle Of
public Law, by the words of the Constitution BY
solemn decisioa of the Supreme Court by the whole
course Of Legislation, ny the concession of our po
ltical opponents, and finally, by the most il port
ant act in the public life of Mr. Douglas hims -.
Mr. Douglas imputes another absurdity 10 his
opponents when he charges them with insisting
That it is the duty of the Judiciary to protect and
msintsin slavery in the Territories VithoHt any Iao
upon the subject" The judge who sets without law
ats against law; aud surely no sentiment afro
cious ss this was ever entertained by any portion
Of the Democratic party. The right Of a master to
the services Of q slave Territory is not against
law nor without Law, but in full accordance with
law. II the law be against it are all against it.
Has not the emigraut 10 Nebraska legal right TO
the oX-team, which ne bought in Ohio, 10 haul him
the plains! Is not his title good TO it in the
Territory it in the State where be got il? And
what should be said Of judge who tells him that
he is not protected; that he is maintained, in the
possession of his property, ''withOut any Law upon
the subject?"
II. We had a right to expect from Mr. Douglas at
least q clear and ineligible definition of his own
doctrine. We are disappointed. 1t is hardly posi-
bic 10 conceive anything more difficult TO compre-
bend. We Will trsnscribe it again, and do what
be done to Rnslyze it.
''Those who believe that the Constitution of the
United States neither establishes nor prohibits
slavery n the States Territories beyond the pow
OF the people legally ID contrJl it, but leaves
the people thereof perfectly free TO form and reg
ulate their domestic Institutions in their own
way. subject to the Constitution Of the United
States"
The Consolation aeitGer sstaJLiskss nor prohibits
slGUsrg The States IsrTtorss II it be meant by
this that the Constitution does no. pyODri0 rtgore,
either emsncipste any mans slave or create the
condition OF slavery and impose II Oh free negroes,
but leAves the question of every black IN Al status
in the TeTriori well as in he States, to be de-
termined by the local law, then We admit it, for il
is he very same proposition which We lave been
trying to prove. Bat If, the contrary, it is to
be understood asser ION that the Constitu-
ton does not permit to keep his slave a
free negro to have his liberty in all parts Of the
Union where the local Law does not in erfere pre-
vent it, then the is not only grave one, but it
lie also absurd and self-cOntradetOry.
TIE Constitution neither establishes prohibits
slaUsry the States Territories byond tie poWsr Of
the people legally TO control H. This Is sailing to
Point No-Point again. OF course subject which
is legally controlled cannot be beyond The power
that controls it. But The question il, what consti
tutes legal control, and when the people Of State
or Territory are in a condi ion to ezercise it
The Constitution Of me United States
leaves the people perfectly free. and
subject only TO the Coqsntu;ioR Of the U4itsi States
This carries round full circle, and crops
precisely at the place Of beginning That the
Constitution leaves everybody subject to the Con-
stitutioa, is most true. We are far from denying
it. We never heard il doubted, and expect we new
err will. But the statement of it proves nothing,
defines nothing, aud explains nothing. II merely
dsrkeDs the subject, as words without meaning al
ways do.
But notwithstanding all this circuity Of express
sion and consequent opaqueness Of meaning in the
magazine article of Mr.. Douglas, think we can
guess what his opinions are or will be when he
comes to reconsider the subject. He will admit lat
least he will undertake to depy) that the status
of negro, whether Of servitude freedom, accom-
panies him wherever he goes and adheres to him
every part Cf the Union until be meets some local
law which changes it.
1t will also be agreed that the people of q State
tlgough their Legislature, and the people Of Ter
ritory, the constitution which they may frame pre-
parstory to their admission State can regulate
and control the condition of the subject black race
within their respective jurisdictions 90 ar 10 make
them bond or free.
But here We come to the point at which opinions
diverge. Some insist that citizen be depriv-
ed of his property in slaves or in anything else,
cspt by the provisions of State constitution by
the act Of State Legislature; while others contend
that an unlimited control over private rights may be
exercised by Territorial Legislature soon as the
earliest settlements are mad.
So strong are the sentiments Of Mr.. Douglas in
favor Of the latter doctrine that if it be not estab
lished, he threatens us with Mr.. Stewards /" ire
pTessible conflict" which shall end only with the
universal abolition the universal dominion Of
slavery. On the other hand, the President. the
iudges Of the Supreme Court, nearly oil the Demo
cratic members Of Congress, the whole of the par
ty South and very large majority North are pen
etrated with a conviction thst no such power is
vested in a territorial legislature, and that those
who desire to confscste private properly of any
kind must wait until they get constitutional con
vention, or the machinery Of a State government
into their hands We venture to give the following
ing reasons for believing that Mr.. Douglas is in
error
The Supreme Court has decided that territorial
erisature has not the power which he claims for it,
That alone ought to be Sufficient There can be no
aW order, or security for any mans rights unless
be judicial authority of tbs country be upheld |
Jr Douglas msy do what he pesses with political |
% INVENTIONS aud party platforms, but We trust he |
will give to the Supreme Court at least that decent
espeot which none but the most ultra Republicans |
lave yet withheld
The right of proper y is sacred, and toe first OBJ
ect Of all humsn government is 10 make il secure.
4ifs 10 always unsafe where properly is not fully
protected. This ia the experience Of every people
10 earth, ancient sa1 modern. To secure private
property principal object of AdgHa Charta
,haries ! afterwards ATTEMPTED 10 violate it, but
he people rose upon him, dragged h IN to the block,
md severed bis head from his body. At still