The Shasta courier., 1859-10-22
Black VS.. Douglas and Buc hanan.

We have read portions of Judge Blacks re-
view of the very able essay from the pen of Mr..
Douglas, which appeared in recent number OF
Harper's Magazine Some portions, in our opin-
ion, are unanswerabe Others, however, are
miserable sophistry. Let us give instance
Douglas says one class of Democrats - be-
lieve that the Constitution establishes slavery in
the Territories &c. To this the learned Attor-
ney General replies:
90 The Constitution certainly does not estab-
lish slavery in the Territories nor anywhere else
Nobody in this country ever thought or said so"
Let US see if this is true. New Mexico and
California, when they were purchased of Mexi-
CO, were ' free territory" A slave could not
exist in them single day under Mexican law.
And yet as soon as the Constitution of the Uni
ted States extended over them, slaves were
taken to and held in both California rid her.
self of the institution when she adopted her Con-
stitution preparatory to asking admission into
the Union. In New Mexico slavery still exists.
Now if slavery not established in New
Mexico by the Constitution of the United States,
then by what instrument or power was it estab
lished? The Attorney General will find, by ex-
amining the letter of Mr.. Buchanan to the Con-
necticut clergymen, that he differs this point
from his illustrious chieftain. Mr.. Buchanan
therein laid down this proposition:
al. Slavery exists in the Territories under the
Constitution of the United States"
When acquired New Mexico, her territory
WAS free territory" The moment the Federal
Constitution was extended over her, d" slavery
existed within her boundaries under" and
of course, by virtue of said Constitution. No
other argument be fairly drawn from Mr..
Buchanan's proposition.
Again, the learned Attorney General says
d" 1t is also acknowledged that the people of
new State, either in their Constitution or in an
Act of their Legislature, may make the negroes
within it free, or hold them in a state of servi-
tude.
He says all Democrats agree to this PROPOSE
ton. We should think it would depend very
much upon the character of the Constitution,
whether not the people ola new State could,
in an Act of their Legislature" make negroes
within it free. If the State Constitution estab-
lished the institution of slavery, without giving
the Legislature the power to abolish it, then it
could not be abolished by the Legislature. a
Legislature, by simple enactment, cannot repeal
clause OF the Constitution unless such power
is expressly given it by the Constitution itself.
Again: if it be true that Legislature of a
State can, by simple statutory provision, abol-
ish slavery-in the absence of any clause in said
States Constitution expressly comforting such
unwer unnp .anirlatura thar tho A,tornav
General again finds himself opposed to Mr.. Bu-
chanan, for that distinguished statesman in his
letter accepting the nomination of the Cincinnati
Convention, emphatically declared that " the
people of a Territory, like those Of State, shall
decide for themselves, whether slavery shall or
shall not exist within their limits" 1t follows,
of course, if the people of State can abolish
slavery by simple Legislative enactment, that
the people of Territory can DO the same. But
who believes Mr.. Buchanan meant anything of
this kind? The people of State-and this was
undoubtedly the idea which Mr.. Buchanan meant
TO convey abolish slavery according TO
laV, in the manner provided by the Constitution
their fundamental law. Not otherwise, except
by revolution. Let us illustrate California's
Constitution contains clause forever forbidding
slavery or involuntary servitude, except for
crimes. Does any sane man believe that our
Legislature, in the face of this provision, can
establish the institution within our limits? Or
suppose Constitution contained a clause
making this a slave State, will any sane man
assert that our Legislature by a simple statute,
could abolish the institution and set all slaves
At liberty2
We suppose the learned Judge, however, was
simply endeavoring to convince the country that
he WAS sounder on the slavery question than
Douglas, and Senator Toombs of Georgia. and
ex-senator Jones. cf Tennessee, and Tourney.
of Arkansas. and Andrew H. Stephens. of Geor-
gia, and ex-Speaker Orr, of South Carolina, and
the hosts of other Democrats of the South who
have enunciated similar views with those pro-
mnlgated by Douglas.
All such efforts, however, will fail The friends
OF Douglas and the friends of the Administration
will go into the Charleston Convention, and
Herewith some excitement. perhaps, but with
out mortal quarrel-harmoniously settle this in
considerable family misunderstanding. Then.
let the nominee be whom he may-whether Mr..
Buchanan or Mr.. Douglas Mr.. Dickinson or
Mr. Wise, Mr. Hunter or Mr.. Breckenridge
united Democracy will give him such support
as must literally sweep him into the White House
by an unprecedentedly overwhelming majority.
THE FooT Hills The exhibition of fruit at
the State Fair demonstrated the fact that all
kinds of fruit raised upon the red soil of the foot
bills of the Sierra Navadas, is superior in quail