The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1859-10-15
Black vs.. Douglas.


Black The reply was moderately well
written and temperate in tone; but most
sophstical and unfair in stating the posi-
tons and deductions Of Mr. Douglas. so
much SO, that in his speech at Wooster,
Ohio Dir. d. felt called upon to allude to
its pervers!ons, and characterized them in
fitting terms as 10 better than wilrul false
hoods. Beyond this we are assured Judge
D. had no intention to notice the Black
production; but as Judge B. has seen fit to
come out with second reply, since the
Wooster speech, and j., if ANYTHING. still
more unfair and nendac!ous in perveriing
the positions o. his opponent, we row
learn from Washington that Judge b. has
commenced rcjoindcr over his own sig
nature. which will appear in a few days,
while, III the meantime, volunteer reply
TO Judge Black viii be issued by one of
Judge Douglas friends
We are thus, it viii be seen, in fair
way 10 have this subject of Douglas posi-
ton abundantly discussed, and as the
= Little Giant worstcd the whole Senate
in discussing the question last winter, t
may readily be conceived that he is in no
danger OF coming off second best in an Ell
counter with Judge Black, who IS really 4
man Of but moderate calibre
1t viii probably be impracticable for us
10 give in our columns. on account OF their
length. any of these rcjoimdcis, nor have
we the assumption to venture an anticiI a
ton as to their contents. We may, howe
yer, briefly state the points of the contro-
ver~y as It now stands, whence the reader
can form his own conception of their pro
bahlc character
The Harper article Of Judge D, our
readers will remember, embraced in sub
stance these points
That on tie subject of slavery in the
territories four prominent sets of opinions
were now held in this country. lsc, lty
the republicans) that Congress has soyc-
reign power over the territories, and in the
exercise of this power can and ought to
prohibit (but not estAblish) slavery in tie
territories. ID, (by a class OF Democrats
including Mr.. D. that the Constitution
neither establishes nor prohibits slavery
in the territories beyond the power OF the
people legally to control it. Sd, land this
elias, includes judge Black that the Con
stitution establishes slavery in the terrific
ries, and withholis from Congress or the
territories the power to control it, but in
sist that ii IS the duty OF the judiciary TO
protect slavery in the territories without
any law upon the subject; and a 9Th class
who insist that the Constitution not only
establishes slavery in the territories, but
also makes It the duty OF Congress 10 pro
tcct it there by suitable legislation.
Jude D. maintains the correctness Of
his tthe 2nd) position 10y going into an
elaborate argument 10 show that at the
time Of the adoption Of the Constitution
what we now call 81 territories were called
states, or now states and that when
organize by Congress, by comforting upon
them local governments, they were Inten-
/ ded by the constitution to have a full and
perfect control, by their local legislatures.
/ of all subjects of purely domestic nature,
/ slavery included a. any other states in the
union THAI the bred Scott decision Is in
accordance with this view. &c. dc. and
/ Therefore arrives It the co.c!u-.on that, al
though slaves are recognized 10y the comsti-
r':t.on rs property, and must therefore CON
tinue such when taken into the territories,
they enjoy no higher protection As such iy
the constitution than any other property,
, and are equally with ali other property,
subject to tie local laws Of the territorial
I legislature.
I Tie fairness and lameness Of Judge
Blacks reply 10 these positions may be
judged OF by a few examples. Isl, In re-
ply 10 the statement Of jude d. that the
! class 10 which Judge Black belongs. hold
that congress established slavery III the
/ territories he replies 10y awhole column OF
/ quibLlcs on tlic word establish. denying
/ that the constitution establishes slavery
! anywhere bat maintaining that under the
/ constitution the STAKEHOLDER has III ht 10
carry his slaves into any territory and hold
them there until such territory becomes al
independent state by being admitted into
the Union Well. what else but this did
Judge D. mean? !. that does not amour,
to - establishing slavery, let Judge Black
invent some other word-the meaning must
certainly be Tie same.
ID Judge Black, in arguing against TIE
position of Judge d. that the terrific
RES have as full control of slave property
as they have of any other, says that by
giving them this power Judge d. woulC
confer upon them the power TO ''confiscate
the property of the Shareholder. Now Il
contiScate' means to seize upon privat'
property by the government and CONVEX
it to public use. This is expressly forbid
den by the Constitution of the I. s. bot
to the national and all the state govern
meuts. Of course judge D. meant nothin
OF the kind, and Judge Black knew it
4 He only meant this, that as for some grca
political reasons it may at times becom
u necessary to prohibit men from owning c
carrying concealed weapons, whiskey, c
gun powder III Territory, and the legisl:
,ure can direct its being removed, or
heavy tax or license to he levied upon sue
l properly; so they have the right in lik
E manner 10 deal with slave property. III
l whole column Of Judge Black about tn
.'confscating" is thus again bubble o
. words
1 We could take NJ the positions of Judg
e Black famous reply one after the othe
: and show that throughout every point h
/ makes is nothing but such unfair and Ill
!. dicniEed clubbing. But the above mu'