The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-21

where the public mind shall rest in the be-
lief that it is in the course of ultimate ex-
tinction. or its advocates will push for
ward till it shall become alike lawful in
all the States-old as well new. North as
well as South"
Thus it will be seen, that under the aus
pices Of a political party, which claims
sovereignty in Congress over the subject
of slavey, there can be no peace on the
slavery questiou-no truce in the Sec
tional strife-no fraternity between the
North and South, SO long as this Union
remains as our fathers made it-diviGed
into free and slave States, with the right
on the part of each to retain slavery so
long as it chooses, and to abolish it when-
ever it pleases. =
On the other hand, it would be uncan-
did to deny that, while the Democratic
party is a unit in its irreconciabIe oppo
1sition. to the doctrines and principles of
the Republican party, there are radical
differences of opinion in respect to the
powers and duties of Congress, and the
rights and immunities of the people of
the Territories under the Federal Consti-
stitution, which seriously disturb its har-
mony and threaten its integrity. These
differences of opinion arise from the diff
ferent interpretations placed on the Con.
stitution by persons who belong to one of
the following classes t-. - .i .-.. =, ,.i
First Those who believe that the
Constitution Of the United states neither
establishes nor prohibits slavery in the
States or Territories beyond the power Of
the people legally to control it, but leaves
the people thereof perfectly free to form
and regulate their domestic institutions
in their own way, subject only to the
| Constitution ofthe United States"
Second, Those who believe that the
Constitution. establishes slavery in the
Territories, and withholds from Congress
and the Territorial Legislature the power
to control it; and who insist that, in the
event the Territorial Legislature fails
to enact the requisite laws for its pro-
lection, it becomes the imperative duty
of Congress to interpose it's authority
and furnish such protection.
| Third Those who, while protesting
to believe that the Constitution establishes
slavery in the Territories beyond the
power of Congress or the Territorial Leg
islature to control it, at the same time
protest against, the duty of Congress to
interfere for its protection; but insist that
it is the duty Of the Judiciary to protect
and maintain slavery in the Territories
without any law upon the subject.
By careful examination Of the second
and third propositions, it will be seen
that the advocates of each agree on the
theoretical question, that the Constitu
tion establishes slaveryin the Territories
and compeIs them to have it whethei
they want it or not; and differ on tn,
3 practical point, whether right secured
, by the Constitution shall be protected b,
an act Of Congress when all other RENE
dies fail. The reason assigned for no
protecting by law a right secured b. tn
/ Constitution is, that it is the duty of tn
D Courts to protect slavery in the Terrific
e ries without any legislation upon the sub
t ject. How tie Courts are to afford pro
r lection to slaves or any other property
e where there is no law providing remedie
: aud imposing penalties and conferrip!
: Jurisdiction upon the Courts to hear an,
!, determine the cases as they arise, remain
to be explained. ,r r,s-,r.-, ~ -, -.
q The acts of Congress, establishing tn
: several Territories OF the United States
r provide that : "The Jurisdiction of tn
f several Courts herein provided for, bot
. appellate and original, aud that of tn
: Probate Courts and Justices of the Peace
, shall be as limited by iaw"- meaning sncl
laws as the Territorial Legislatures shal
: from time to time enact. 1t will be seel
e that the judicial tribunals of the Terri
9 tories have just such Jurisdiction, and onl
! such, in respect to the rights ofsperson
j and property pertaining to- the citizen
8 of the. Territory, as the territorial Legis
j lature shall see ft to confer; and conse
Q queutly, that the Courts can afford pro
: lection to. persons and property no furthe
than the Legislature shall, by law, confe
n the Jurisdiction, and prescribe the RENE
It dies, penalties, and modes of proceeding
:, 1t is difficult to conceive how any perso
] who believes that the Constitution confer
the right of protection in the enjoyment I
slave property in the Territories, regardles
e of the wishes of the people and of the actio
r of the Territorial Legislature, can satisfy hi
v conscience and his oath of fidelity to th
: Constitution in withholding such Congre.
= sional legislation as may be essential to th
i enjoyment of such right under the Constitr
e ton Under this view ofthe subject it is in
b possible to resist the conclusion that if th
4 Constitution does establish slavery in til
: Territories, beyond the power of the peopl
o Ito control it by law, it is the imperative dut
q of Congress to supply all the legislation N,
" lcessary to its protection; and if this prop,
sition is not true, it necessarily results tn;
the Constitution neither establishes nor Or,
70 hiblts slavery any where, but leaves the pc,
J pie of each State and Territory entirely fre
n to form and regulate their domestic affairs
suit themselves, without the Intervention ,
Congress or of any other power whatsoever
' p But it is urged with great plausibility b
i those who have entire faith in the soundnes
e Iof the proposition, that "a Territory is tt
I mere creature of Congress; that the creatul
= cannot be clothed with any powers not po
Isessed by the creator and that CONGRESS- n,