Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1859-08-10
The Charleston Mercury and Senator
Douglas.

upon this subject Cnrolinian rather than as IN
editor; that in offering counsel, VIC arc as far as
the Mercury from thrustng ourself ofdciously be-
fore the State and that wo designed no attack
upon any public man or upon any press in South
Carolina when broaching this discussion.
Again, US to our "abhorrence" of Mr.. DOUGLAS,
we hope the Mercury, being evidently satisfied
on that poiut will give credit for dsintercsted
motives in what VIC shall say Of hun.
But to the question:
We take Mr.. DOUGLASS position to be this He
is -iatcrrcatioas' according to the plain under
standing of that expression, viz: He maintains
that Congress shall not intervene, either to carry
slavery into Territory, or to exclude it from the
same So far, even the Mercury will admit that
Mr. DsroLAs is no more q traitor to the Constitu-
ton than is Mr.. HUNTER, or than nine-tenths Of
Southern Democrats are But Mr.. DOUGLAS is
said to 20 further, and to hold that Territorial
Legislature has the right to exclude slavery in
terms before the Territory hos become endowed
with the prcroga.ives of Sovereign State. Under
this apprehension of his position, We have not
been slow to denounce his views as heretical and
subversve of the Constitution of tho United States.
If such be his views now, NO are ready still to
c,unsel any risk rather thar countenance them
by consenting to tolerate his election to the Presi-
dency. But, if we arc not much deceived in our
information such is not the naked and dcfenceless
nnturc of the Senator's Territorial creed, Pro-
perly stated, it ia this: He does not admit that
Territorial Legislature can by espre" enactment
exclude slavery from Territory, but allows that,
if done, it is violation of the Constitution; al
though the remedy bo suggests, in opposition, as
it were, to Congressional action, is an appeal to
the Judicial Tribunals of tho Government for
protection. He docs not therefore recognize the
principle, thnt tho Territorial Government 10 Of
greater power than, or Of equal power with, the
Federal Government; on the contrary, he holds
il to bo of dervatve and inferior authority. So
far again, Mr.. DOUGLAS cannot bc said to teach
treason to the Constitution, What then is his
heresy7 The head aud front of bis offending hath
this extent, no moro That Territorial Lcgisla-
ture may, by ,ri,hholding protective legislation,
cause the tenure of slayepropcrty to be accompa-
MED with so much trouble and uncertainty in a
Territory as virtually oe1clude or Danish it from
said Territory. Now, docs this mere withholding
of Legislation by Territorial Gorernnscnt clash
with tho Constitution of tho United States2 And
il not, is Mr.. DOUGLAS to be ruthlessly assaied
as an enemy to tho Constitution for entertaining
the opinion that such will be the practical work.
ing of the Territorial regulations? Bear in mind
that Mr.. DoUGLAs's opinion is noit1er law nor
gospel in the premises. Mnny incline to the idea
that his shrewdness is at fault in this conclusion.
It is believed by these, that this Withholding Of
legislation will amount to nothing, long as there
is no power recognized in Territory to seize and
confscutc slave-property, and SO long as tho Fed
eral Courts shall continue to hold over it the
broad and sufficient mgis Of their protection. The
announcement by Mr.. DOUGLAS of contrary view
is after all but IN opinion, not principle. 1t is
On opinion, we have no doubt, intended to appeal
to the favor Of the free-soilcrs Of tho Nurth,-a
trick unworthy Of statesman possessing the
ability and enjoying the position of Senator DouG-
LAS. Still it is not, as it occurs to US, uny such
departure from the Democratic creed as must
needs call down upon his head the ban of e1-com-
munication from the pale Of the Democratic Par
ty. 1t s just cause for dissatisfaction with him,
but not political crimo of such magnitude as to
preclude tho possibility of his being again placed
upon u footing Of friendship and cooperation,
even with the Southern wing Of tho Democracy.
Many ut the South entertain the belief that pub
lie opinion in the Territories, will alwaysbe found
Ia A.
therein long before they como asking places in the
Union. Mr.. DOUGLAS goes a step further and
asserts that this public opinion will manifest itself
in the Territorial Legislatures as far US it can do
SO without directly infringing the Constitution.
There seems to be but shudo of difference be-
tween the two positions. For all practical purpo
.es, they work out the same result. Territorial
legislation never has and never will exclude slave
ry from Territory truly adapted to slave labOri
and Congressional legislation itself to the full cx-
tont of Slave code, will never carry slavery
where it cannut be made really profitable. The
history of our country has almost made this pro
position automatic.
But the .Nercury maptaius that Senator Dorc-
LAS goes further and says that the g Territorial
Legislature may, tyuJriendty teyi.lati"n exclude
slavery from Territory, or banish it when there"
What is here meant by uufricndly legislation
If it be any such direct attack upon the privileges
of holders amounts to oppression, Of course
it is an unconstitutional procedure, and cannot be
held valid. II VIC understand Mr.. DouoLAss po-
sition, he does not deny that the right Of appeal
to the Courts is loft open to the slnve-h"der; !;
neither does hc deny that the Courts should uford
redress. Suppose tho Territorial Legislature de-
clare in express terms thut ell slsves found within
the Territory be confScated, or lie msnumittcd,-
is it avcrred that Mr. DOUGLAS will hold that uc-
ton to bu constitutional and valid? If 80, VIC
have misconstrucd his position. Or suppose that
territorial legislature shall lay an anual tax of
500 per hesd upon every slave, when all other
property is paying an dd uGtorem OF of ono per
cent, s it true that Mr.. DOUGLAS would regard
such tax constitutional and measure FROM
which there was no appeal, Surely not. The
words "unfrieudly Legislation" then, must imply
the same condition of things rs is meant by " the
Withholding Of protective legislation" And we
repeat the question, is it clearly unconstitutional
in territorial legislature to neglect to pass ex-
press laws for tho protection Of slave property 7
Are not the Courts there to give that protection
And they will not is there not Il last appeal to
the Congress of the United States? If Mr.. DouG-
LAS denies the right of this Hnsl appeal, be Is in
| error but SO long rs he admits that there is a
means of redress existant somewhere, we do not
SEQ that he u.s. on that account Liable to the grayo
charge of milfuI]y 'ubvortlng the Constitution Of
tho United States.