, 1859-08-27


esnnae3 Substantially tAs s..s powms wh5eh
~ =. colonies had besa willing 10 eoeesds 70
the British &oTernme14, tHd 70 thS 6Aeta9 md
to the people the same rights nd peivileErs
which they II colonies had denied to The British
government during tho entire struggle which
-. The .pruvisiop- confe1Ein upon Con.
gress the right "to make Ill needfal ru1ea and
regulations for the territory Or Other ptueertJ
Of the unitsd Sister" Mr. DougIas holds 10 re-
fer to the land in area belonging to the United
stafe9, because, - be Alleges, The word Terri
tory - now unde1stood was not then known
to leRlhlat1ve action 1t refers exclusively to
property in contradis,nction to persons and
Pppertes' A considerable argument il made
in favor Of this REV, in which tho Dred Scott
decision u quoted n confirming it. In this
par Of hls argument he takes ooea&ion TO say
mat II the Dred Scott decision does not prohibit
rery.1 If this prohibition shall erer be held
70 lnc'nde the slavery question, thus negatiEing
the right OF the people of the States and Terri
torres, - we'll as the federal government to con-
troll it By law (xnd it will be obserred that in the
opinion Of the court the citizens of territory,
~ far rs these right4 are concerned, are on the
same iootlng with the citizens Of the Sfates1,
then, indeed will the doctrine become firmly es
tabilabed that the principles law applicable to
African slavery are inform throughout Tie de-
'nfnioa Of the Cnittd tStates, aud that there is
an irTeepressiole conflict between opposing and
enduring forces, which means that The United
t'rel5 ala7e holding nation or entirely free
labor natlon.'"
:" If the proposition be true, that the coustitu-
ton establishes slavery in the territories beyond
the power of the people legally to control it,
another result, no less star rtllng and from which
constitution is uniform everywhere within the
dominlous Of the United StAtes'-is the same in
Pennsylvania as in kAnsss-and il it be true,
rs stated by the President in . special message
to Congress, that slavery exists in Kansas by
virtue Of the Constitution Of the United States,
and that Kansas is therefore 1t this moment as
much slave Slatr as Georgiu or South Caroli~
III, Why does il not exist in Pennsylvania by
virtue Of the same constitution"
=" And # it be the imperative duty Of Congress
to provide by Law for the protection Of slave
property in the territories upon the ground
that slavery exists in kansas land cone
dus9Gy II sss5y G1hss Of ,1. tfoi I vas
it not also the duty Of Congress, for the same
reason, to provide similar protection to slave
property in Ill the States Of the Union, when
The Legislatures fail to furnish such protec-
tiou:"
Without confessipg or attempting to aroid
the inevitable consequences of their own doc
srine, its advocates eudeaver to fortfy their po-
sition By citing the Dred Scott decision to prove
that the Constitution recognizes property in
siayes-thas there is no legal distinction between
this aud every other description Of property
That slave property and every other Kind Of
property stan4 on an equal footing-that Con
gress has no more power over the Que than oTer
tue otheF-and consequently, can not discrimi-
nate between them.
1.-The rights OF the owner which in the Dred
Scott decision it is made the duty of the federal
government to guard and protect are those ex-
1ressly provided loE in the Constitution. and de.
fined in clear and explicit language By the court
pledged to protect it (slave property in all fu-
ture time, if the slave escape from his owner
This is the only contingency, according to the
plain reading Of the constitution, as uuthorita-
lively Interpreted by the Supreme Court,
in which the federal government is au-
thosized, required or permitted 10 interfere
with eluyesy in the States OF Territories !;
guarding and protecting the owner in his rights
10 reclaim his slare property. In al! other re-
spects Slaves stApd on the same footing With all
ether property-'the constitution makes no dis
tincsion between that description Of property
and other property ownhd BY citizen; and
90 word cau be found in the constitution which
gives Congress greater power orer slave prop
erty, Or which entities property Of that kind to
less protection than property Of uny other des-
cription.' This is the busis upon which all rights
pertaining 10 slave property, either il the
States or the territories, stand under the con-
stitutlon as eIpOunded bY the Supreme Court
ia the bred Scott case"
"The Court refers to that clause Of the Con
stitution which provides for the rendition of fu-
Gitiye slaves as their authority for saving that
the right Of property in slaves is distinctly and
expressly affirmed iD the Constitution b ref.
crcnce to that provision it will be seen that,
while the word "sIayes" is not used, still the
1t1,fic mil r1,fEf fy,f
property in slaves, as stated BY the Court, but
explicitly stutes what ciass Of persons shall be
deemed htayes, and under what {aws or authori-
II they may be held to servitude, and under
what circumstances fugitive slaves shall be re-
stored to their Owners 2ll in the same section, as
follows;
Soson held service or labor III one statc ancr the
Gucnce Of any law "r Iee2son ill., rtin be Discharged ttou
*Lcl serrt4 or ahoE. but .hstl be delivered up ca Vt
the rastyt" whom such eervlce or labor Is DUE Z.
"Thus it will be seen TINT slave, within the
meaning Of the constitution. ia n'perren held
10 service OF labor. IN one State, nHdtr Tie lars
thertuf'-not under the Constitution Of the
United States, nor By the laws thereof. nor by
the virtue Of any federal authority whatsoever,
but under tic Laws Of the particular State where
such service or labor may be due"
''Tbe non-slaTeholding States, while they were
entirely willing to provide for tue surrender Of
all fugitive slayes-as il couciusirely shown by
tf $t
ene Hnanops ~ ,oas ~ ~ sne .ates t n .ne eoa
t;annIt - 49, aseh stnta anae1 ar5,st, fSaa
hoid e1aras ~ ,dar ~ o.1,, 80 ELI '!ss ~
neiu Aases auuea ~ u"u -" >, 1aa ~ att'ue
T., ~ ~ = ,Ja"aad and - nhn,;ei ~
LUZ % S a'.n;ii, ns;i,;n .,uo -. ~ aoonsn nnen IT,
eaose. were ul.".i'nS 70 become iesRonsaoie
.os ns vsue ~ 9,;aI .1.o .le
.S a,.ad ~ naa'o,,a' Sa ~ oe pro,
tec.ea ana teEna.ea, @ e1.eanea o. ana controlled :.
y hn.no;, .p ~ tne , Mtsnes , o. o.
.ne peup; sua ~ ~ .ne 1'Isa .t ..
;, .ne esSsi a.a'e hao n,ha' ~ a V,4t losss
opIu". .eao"es y; .Gs son.un ~ ~ sle.n et,a
~ ~ so.s III ;oe
h;sS ~, .aa sou - w..
in The seIeral Suites 1befe it e1ists. Under The
iaws thareof' md nrnr.ides for rhe surrender nf
Enr;t;rs sisra." "
~ Dnncis. then t,le. I'm tb- b;storr If the
cdln.nrnn7;sS Ma..ures ~ 1ssfh ambrnc;n9 a 1one
snnnIng @ T deb.te betEeen M Nsssrs' ~ Cisr % II Ken.
tneF1 e.nd nsr;, ~ N;..;ss;nn;E,,i ~ .1;cb
Fc Hecn! ouaeeeoeA5 ~ - eoHe4 at0Ho'oh u
tne geuera1 uIsp!"eh'' Ane tnannes'o con-
"rrhi. ernos;t;on Of the b;sto,r of ,h~,c ne,.
sure. shoHt conc1usiye}y that The authcr. of the
compromise Aeasnres Of ls5o. and the Kansas