Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-02
Altbmono enquirer.
By RICHIE, DcXyAyAxr, rrI.R 4 WISE
FRIDAY MoKNrNt.. >"pr.uRE.. ,.
Senator pouglas Is., Essay OF Tsrlitori.. Govern.


ito'' "'r ''si1".ns extract i: apparcn: tbs,
Mr. DoGSia, does 30. avoii the ,i,il ccnse.
quence OF his the9rv, which assert, the entire
and rishtin! c":nretency cI ,oca! Territorial
Legislature 10 prevent ;he introduction or hold.
ins o. slaves in Territory Not content with
denying III" power ond duty Of Congress to
pro;ect slave pr"per,y, in case OF need from
Territorial moiestation tie distinguished Sena.
tor equally denies ;he power and duty cf the
felcral Judiciary 10 extend similar protection:
The Gets Of Congress, establishing the s.-
"erai Territories Of the United States. provide
'ha, the jurisdiction o: he several Court: herein
provided for, both appellate and original, and
that c! the Probate Courts anl justices of the
Peace sha!. hc a' limited Nv !sw-nean,ue
such laws ss the Territorial Legislatures shall
from time TO time enact. /. will be seen that
the iudcia, tribunals Of the Territories have
just such jurisdiction and only such in respect
to the rights Of persons and property pertaining
10 tic citizens uf the Territory rs the Terrific.
rial Legislature si,aI, zee lit to confer; and,
consequently, that the Courts can afford pro.
lection 10 persons and property no further than
the Legislature shall, by law, confer the iuris.
diction, a.I prescribe the remedy, penalties
ard modes of processing
Thus II is asserted thai territorial lesisla.
'urs 'nay altogether prevent the pyactcability
Of Judicial projections TO siaye property, simply
by Withholding from the courts established in
the territories ali jurisdiction ovcs cases in
rolTing claim to slave property,
Were this intended merely rs al argument
to prove that judicial protection is at once rem
dcred null and voii by the renuncisticn of
Congressional protection, the cogency q: thu
argument would he undcriahic. Ii is true
that the General Govcrnne:,. is, and was in.
tended b. its Founders 10 he I ,ri.uuity. The
three department d Executive, Legislative
an,l Jgd;cia; power. .ithorsi. separate in
their functions. ;,rc abaointciy necessary clc., 10
the operation Of the o;lcr. II tie legislature
iaii, 70 enac; laws Coy tie ;i.aia.arancc OF the
constitution, it vii he i4ie to expcc: thorough
Legal and Constitutional exposition from the
Judiciary, or 10 csl o. the Executive 10 exc.
cute iaws which ha,e rcyer been enacted.
lhus far Mr. Dougla, argument is very far
from demonstration Of The imp:oprety, or
even the imp,acticabil;;.s. of j.icial irotec-
ton. 1t goes no further than to srt forth tie
fact, that Congressional protection is, in no2t
if not in al cases, absolutely necessary t. open
the way ior judicial protccriv''.
Once ai'nit that Congress niay, ny ts own
immediate act, confer on the co;:rts established
III territory tiie jurisdiction withheld from
ti,.in by the local territorial legislature, aud
there will no longer csist a"y obstacle what
ever 10 complete judicial ilo;cc!ion.
Rnt Mr Douglas e;aphat:ealiy Ge.,;es tho
power of Congress to do any such thing. Ho
goes OH u contend that the local territorial
authorities have the exclusive right 10 regulate
the internal government Of a territory in oil
matters executive, legislative md judicial and
tina. any attempt on tie part OF Congress TO
cortrayenc sach local regulations, for the pur-
pose Of ailcrti;ng protection !" slave properly,
would be- An unconstitutional aggression Oh
what lc considers an independent right OF To-
cal sclf.oycrnmemt apper'a;uing 10 the resi-.
dents Of Territory.
Thus. Mr.. Dongis, contcnls---
lst That local territorial legislature may
legally and rishtiully pas, laws 10 prevent the
Introduction and holding oisi'r"e in a Terrific.
~.
pad Tl.rl such legislation may ,ightfuliy
and legally be shaped in such manner as to
prcrcn, 81! recourse 10 judicia! protection, cren
for the purpose Of testing the ccns,itutionaity
Of legislation hostile to slave propery.
Mr.. Douglas recognizes both these p9s:tioDs
as involved in and catirely dependent on his
denial Of the powe: and duty Of Congress to
extend protection 10 persons ard property in
the Territories. That they are so included,
cannot admit of Doubt. The single question
of the power and duty Of Congress 10 protect
persons and property in The Territories, coy
ers the whole ground We Join :he issue
here, and will proceed in Cur next article, to
meet Mr.. Douglas argument in the very gist
of ,ic wholo controversy.
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