The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-03-30

have to say on the point presented by the
Senator from Missouri, is this: while our
constitution does not provide remedies for
stealing negroes, it does not provide rem
edies for stealing dry goods, or horses, or
any otherspecies of property. You can
not protect any property in the terrific
ries without laws furnish remedies for it's
violation, and penalties for its abuse
Nobody pretends, that you are going to
pass laws of Congress making criminal
code for territories. with reference to 9TH
er species of property. The Congress of
the United States never vet passed an act
creating criminal code for any organized
territory.
It simply organizes the territory, and
leaves its Legislature to make its own crimi
nal code. Congress never passed q law
to protect any species of property I'M the
organized territories; it leaves its protec-
tion to the territorial legislatures. The
question is, whether we shall make an ex-
ception as to slavery. The supreme court
makes no such distinction. 1t recognizes
slaves as property. When they are taken to
a territory, they are on equal footing with
other property, and dependant upon the
the same system Of legislation, for protec-
ton, as other properly. While all other
property is dependant on the territorial
legislation for protection, I hold that
slave property must look to the same au.
thority for its protection. aa'se 1
Mr.. Green. The Senator will permit
me to say that think he does not UNDER
stand the point 1 presented, therefore de-
sire to explain it more explicitly. The
Supreme Court having decided that slaves
constitute property, if a territory, author
lied by Congress to ;egislate for itself,
should pass a law Furnishing larceny of nll
property except slaves, would that make
slaves equal to other property in the ter
ritory? or would it not be violation of
the constitution, a4ws7s aalUrfg st; -
Mr.. Douglas. If the Senator cannot
understand my answer to that question by
what have said, and the train of my ar
gument, it is useless for ne TO discuss it
further. 1 say that 1 leave all property,
slave included, to the local law for protec-
| tion: and that will not exert the power
of congress to interfere with that local
law with reference to slave property, or
any other kind of property. If the peo.
pie think that particular laws on the SUBJ
ject of property ore beneficial to their in.
terests, they will enact them. If they do
not think such laws are wise they will refrain
from enacting them. They will protec,
slaves there, provided they want slavery;
if the climate is such that the white man
cannot cultivate the soil, so as to render he.
gro compulsory labor necessary. Hence
it becomes question of climate, OF pro-
duction, of self-interest, and not question
Of legislation, whether slavery shall OF
i shall not exist there. f "a =
i But the Senstor from Mississippi says
he has right to protection. The owner
of every other species of property may
say he has right to protection. Tht
man dealingin liquors may think that, in
/ asmuch as his stock of liquors is proper
ty, he has aright to protection.i Th,
j mar dealing in an inferior breed 0fcattl,
: may think he has q right toprotection; bu
t the people Of the territory may think tba
E it is their interest toimprove the breed o
stock by discrim:u ltion against inferio
] brte1s; audience they may fix higherr 1t
I Of taxation on the one than on the other
4 Mr.. Brown. The Senator from IlIi
Il nois now makes point which enables m
u to illustrate wsati Imean.ii i hold .ha
e the territorial legislature Of Kansas --tha
o being the territory Immediately involve
e in this discussion mo right to enac
u the. Main Liquor Law. That is an act q
d sovereignty. Ithas the right to say tha
a. aliquors carried into the territory shall b
j so used as they shall not corrupt the pub
+ lie morals nor eneanger the public safety
S but the power prohibition does not be
e long to o territorial ilegislsturese So
+ say in reference to slave property. 90 As
it said in nv opening remarks this morning
j. while demand justice, will do justice
g Ishold that territorial Legislature has Ii
"a right to regulate the relation between mas
j. ter and slave in such q MANNER that th
o3 master shall not permit the slave to en-
e danger 'theiipublic safety or corrupt th
d public morals. That is what I mean b
g the power to1regulate; ard not seeing th
e Epoint at which q court could inter
e :yene and arrest this power If it wer
d abused, I said never would, or rarel
e ever, present ID case which We could ge
sf before tie court, and upon this we wo1l
It demand It's Judgment d9By this Iundel
is stand the Senator from Illinois tomea
It unfriendly legislation; that ID theiexel
i. else of its power to regulate the relatio
d between master and slave, it could nt
5. act with such Sc verify as efectuallyo
% exclude slavery as though it were 4 const
r tutional inhibition. Thatis what I mean
is D Mr.. Douglas. 81 am willing to tel
;ol this question by the illustration the Sen,
ID tor presents Of q Maine iquo: law. v
a shall not stop to inquire whether Il
ii Maine liquor law is constitutional or no
81 FIRST, because Congress is not the tribun
,e3 to decide II; and secondly because, by Il
to which the 1Se enatora from Mi
at4 sissippi add myself both stand pledged
..gTA b. <