Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-16

protect and maintain slavery in the territories
mithom any lac upon tie subject" The judge
who acts without law acts against law; and
surely no sentiment so atrocious as this was
ever entertained by any portion of the Dclnocra-
tic party. The right Of master to the SER
vices of his slave in territory is not against
law. nor without law, but in full accordance
with law. If the law be against it we arc all
against it. Has not the cmigrant 10 Nebraska
a legal right to the ox-team which he bought in
Ohio, to haul him over the plains. Is not his
title MS good to it in the Territory rs it was in
the State where he got it? And what shout.
be said of a judge who tells him that he is not
protected, or that he is maintained, in the pos
session of his property "without any law upon
the subject p
H. We had a right 10 expect from Mr..
Douglas at least clear and ineligible dcfni-
ton of his own doctrine Wcare disappointed.
1t is hardly possible TO conceive anythn; more
difficult to comprehend. We Will transcribc it
again. and do what can be done to analyzc it.:
..rhnsc who believe that the Constitution Of tie
United States neither establishes nor prohibit, slavery
in the States OF Territories hc:ond The power q: tic
people legally 10 control il, bat '!casc> the people
thereof perfectly free 10 form and regulate their l"
nestle Institutions III their OWN way subject only I"
the Constitution oi the tmitcd States"
The Constit0tioh neither tst6biisd,s Aor
prohiGits Siarery IN Tie States ~ Territories.
IL 1t he meant by this that the Constitution
does not. lrcprio rig0rc either cmancipatc any
mans slave or create the condition Of Slavery
and impose it on free negroes, but leaves the
question of every black mans statH', in the
Territories a well as in the States. TO he de-
termincd by the loca! law, then We admit it,
H., =, ,l,o v.hpl, u.n
have been trying TO prove. Bit, II On the
contrary, il is to he understood rs an assertion
that the Constitution does not permit master
to keep his slave, or !iee negro TO have his
liberty, in all parts of the Union where the
local law does not interfere 10 prevent II, then
the error is no. only very grave one. but 1t is
also absurd and scli-contradictory
Tie Constitution hithtr cstabtish's mr. pro-
hiJik marcyy IN tie !Statts or Territories be.
yond the l~rer n the rtopte legady 10 coa'r"
d. This is sailing TO Point-No-Point again
OF course \ subject which is iegdi!y controlled
cannot be beyond the power that controls it.
Hu: the question is, what constitutes legal con-
troll, and when the people of a State or Terri
tory are in u condition 10 exercise it.
Tie Constellation Of tie Lnited Suites .
= leaves the people perfectly free, 3
and subject only 10 tie Constitution 81 tie
Enitcd States This carries Us round y full
circle and drops us precisely at the place Of
beginning. That the Constitution leaves every
body subject to the Constitution is most true.
We are far from denying it. We never heard
it doubted, and expect we never will. But the
statement of il proves nothing, defines nothing,
and explains nothing. 1t merely darkens the
subject, as words without meaning always do.
Bet notwithstanding all this circui,y of en-
preston and consequent opaquencss Of mean
in- in the magazine article Of Mr.. Douglas, we
think We can guess what his opinions are, or
will be, when he comes to reconsider the sub
lect. lie will admi; tat least he will not I'M
dcrtakc to deny that the s'aius of negro,
whether Of Seryitude or freedom, accompanies
him wherever he goes. and adhcrcs TO him in
every part Of the Union, until hc meets some
local law which changes 1t.
1t will also be agreed that the people Of 4
State, through their Legislature, and the poo
pie of Territory. in the constitution which
they may frame preparatory TO their admission
as State, can regulate and control the condl-
ton of the subject black race within their re-
>pcctivc Jurisdictions so as TO make them bond
or free
But VIC here come to the point at which
OPTIONS d,vcrge. Some insist that no citizen
can be deprived Of his property i'll slaves, or in
ANYTHING else, errspt by the provisions Of a
State Constitution or by the act of State Le-
cisaturc; while others contend that an unlimt-
ed control over the private rights may be cx-
crciscd by Territorial Legislature a. soon ms
the earliest settlements are made
So strong are the sentiments of Mr.. Douglas
in favor of the latter doctrine that il it be not
established he threatens us with ". Seward S
''irreprcssblc conflict" which shall end only
with the universal abolition or the universal
dominion of slavery. On the other hand, the
President, the Judges Of the Supreme Court,
nearly all the Democratic members Of Con-
crcss, the whole Of the party South, and very
larrc majority North are penetrated with II
conviction that no such power is vested in q
Territorial Legislature, and that those who dc.
sire to conliScatc private property Of any Kind
must wait until they get constitutional con-
ycntion or the machinery Of z State govern
mcnt into their hands. We venture to give
the following reasons for believing that Mr..
Douglas is in error:
The Supreme Court has decided that a terri
torial legislature has not the power which nc
claims COR it. Tina, alone ought to be sufficient,
There can be no law, order, or security for any
mans rights unless the judicial authority Of
the country he upheld. Mr.. Douglas may do
what he pleascs with political conventions and
party platforms, but we trust nc will give to
the Supreme Court at least that decent respect
which none but the most ultra republicans have
vet withheld.
The right of property is sacred, aud the first
object of all human government Is TO make Il
secure Life is always unsafe where property
is not ful!y protected. This is the experience
of every people on earth, ancient and modern.
To secure private property was principal OBJ
icct Of .M,gna Charta. Charles | afterwards
| attempted to violate it, but the people rose up
on him, dragged him to the block, and severed
his head from his body Alta still later period
another monarch for 4 kindred offence wa,
driven out of the country, and died fugitive
and an outcaSt Our own Revolution was pro
vokcd by that slight invasion upon the right %
property which consisted in the cXactIon OF Z
| triAing tax. There is no government in tho
world, however absolute, which would not bt
discraccd and endangered by wantonly sacri
iicng private property even to a small extent
For centuries past such outragcs have ceased
to be committed in times Of peace among civil
! lLcu lliAiuiis.
Slaves are regarded as property in the South
crn States The people of that section buy
and sell, and carry on all their business, pro
vide for their families, and make their wills an(
divide their inhcritanccs on that assumption
1t is manifest to all who know them that nc
doubts ever cross their minds about the right
fitness of holding such property. They be
lieve they have direct warrant for it, not only
in the examples of the best men that ever lived
but in the prcccpts of Divine revelation itself
and they are thoroughly satisfied that the rcla
ton of master and slave is the only one which
can possibly exist there between the white ant
the black race without running both The PEG
pie of the North may differ from their fellow
citizens Of the South OH the whole subject, hu
knowing, as We all do, that these sentiments
arc sincerely and honestly entertained, we can
not wonder that they feel the most unspcaka
blc indignation when any attempt Is made Il
] 50 ,-;,,l,f. 'Ttis 70