, 1859-09-29


seto The same bill provides even the number
OF members comprising the Territorial Legisfa-
tore. Is this consistent with se1l-government!
The popular sovereignty men no doubt think
thls is permitting the people Of Kansas to do as
thcy please. What do you think Of it? Not
Marshal, are appointed by the General Govern
ment, and Legislature provided Tor the peo-
ple OF Kansas. According TO this. tue Car 81
Russla Is one Of the greatest uphofders Of self
gosernment. for he releases the people from all
care II selecting rulers, judges, aud the e1ecu-
tors of the laws.
When the Kausas-Nebraska bill was pending
10 the United States Senate, Gov. Chase, then 4
oena.or from Ohio. introduced an amendment
taat the people Of the Territory should have
the right TO select their own Governor and judy
es-"hEc1 was, indeed. the only truly self
government feature of the bill, THIS was rotel
down By these popular sovereignty men, and
get they hare the face to come before IN intelli-
gent community, md claim that the people Of
kansas can co any net which the people Of
PennsJ lrania can do. The people Of Penusy1ra-
ula, Quakers though they be, would fight and die
ID the ditch before fhey wouid alow any one to
appoint Governor forthem. Who can swallow
such monsfrous assumptions as are here made.
uow has this popular sovereignty party acted
10 times past IN regard to their great principle9
The author Of the kansas-Nebraskn bill il the
very man who, when Texas was about to b.
annexed to this Union. moved an amendment
Prosldtng that IN tue States which should be
formed ou: the Territory to be acquired lying
north Of 900 20, slavery should be forever pro-
hio1ted. Nhat was this but making Wat npon
slaEery in the States: believe none of the
abolit'onists 50 so far as to ask prohibition by
Congress of slarery in tue States. But here it
vas put into resolution for the annexation OF
lexns. Ibe same person repeatedly moved to
extend tue Missouri Compromise line to the
Pacltic Ocean, and voted for it. No doubt lIc
thought he was doing self government Ser
vas prosecuting the Christians, lie was doing
Col a service.
He also voted for the N'i1mot proviso and in
l55G. struck out what was known us the Toombs
BILL tic only clause in it allowing the people Of
Kansas to pass upon the constitution which the
Convention should form for them.
mike these statements, not as personal 10
any individual. but to expose tue inconsitten-
cies Of popular soFereigntEites generally, and
10 shoW that its advocates have practically
trampied under feet tie very doctrines which
they preach.
Some persons understand this magazinc ar
tlcle Us conceding The right TO exclude slavery
from the Territories. If anr person is beiu:.
m'sled, ask him to read it carefully. Ii
does not advocate the doctrine that the people
Of Territory hare the right to exclude slar-
err but the writer says:
=" 1t follows according to the decisions of the
Court, that slase property stands upon the same
footing as other property, and is entitled to the
same rights aud imnunities, and in like man
ner is dependent upon the local authorities and
laws for protection This is the language of
the author Of this article on popular sovereign
y. II you coucede that, then slayery is in ihe
Territories, the same as auy other property.
y subject to condscatiou1 Can this Le.itsta
tuse Of Ohio contjscate Your property: If
slAve property is upon the s1ne footing Us
other property, siases can be no more c0ufis-
Gated than other property.
An article attributed to Judge Back, which
FIRST appeared in the Washington Coas.itmi>n.
Ill reply to tue magazine essay, tuGes the sumo
position us the author of the essay, that slare
property is the same as any other species of
property, and entitled to tue same protection in
The courts. The magazine writer insists that
tue courts cannot protect starery, unless juris-
dictlon is conferred on them by the territorial
laws. So If the Legislature of the Territory
confer no Jurisdiction upon the Courts, he asks
how eau those Courts hare jurisdiction upon
this subject! II he will look ut the kauss:s-
Nebraska bill, be will fluid it says the Teri.
torial Courts shall have Jurisdiction in alt cases
arising under the Constitution. II, therefore,
the Constitution guarantees slavery in u terri.
tory, its courts have jurisdiction By tue organic
act to prerent it.
So other property has special provision for
its benefit. If you will read tue Kausas- Se.
hraska bill, you will find IN appeal is ALLOW ed
from the Territorial Courts 10 the Supreme
Court Of the United States, bnt is limited, " ita
one exception, 10 Cases where The amount ii cou.
| trorersy exceeds a thousand dollass-the exce,,-
tion is IN taror Of suits involving title to slarc,
in which the right Of appeal is given wi.hou,
regard TO tile amount in controversy. The man
clutming to be his mister can take a case III.
solving his title to the Supreme Court Of lLe
United Sta.es, though the negro be not worth
/ ninety y-nine cents. But on The other hand. a
citizen Of the Territory may hare other prop
ertr involved IN litigation to tile amount Of niue
hundred and ninety -nine dollars and ninety. nine
cents, and it the Territorial Courts do lin in.
justice, be is without remedy.
| Why this specini legislation ia the Kansas act
for the benefit of sare property. The author
| Of the act must bare designed to hare slavery
| iu Kansas or he would not hare provided for
Mitigating the title to sacll property between tf
| ferent claimants.
According 10 tue Cincinnati, Platform, Which
| vas tue creed Of the Democratic party until The
| bred Scott decision was made, the peoptc of
Trrritory hare no right to exclude slavery
while the territorial condition continues. It
carries out the doctrine OF what is known as the
National Democracy in every particular. One
| of its resolutions declares:
| That We recognize the right Of the people Of
] all the Territories, including Kansas and Ne
~
| pressed will Of q majority OF actual residents.
| and whenever the number Of their inhabitants
justiies it, to form Constitution, with or with
| out domestic slavery, aud be admitted into the
union upon terms Of perfect equality with the
other States.''
| Dy saying that slavery NAV be excluded or
| admitted by lhe Inhabitants Of Territory when
their Numbers justifes tila formation Of State
Constitution, it Is necessarily implied that till
then they hare M such power. Tba, is the
way Jour child would understand it il you told
| linn when he had hoed three rows Of corn be
might come to tue house. If he came in when
he had hoed ONLY two rows, you would retuke
| and send him back. If my popular Sovereignty
friends undertake to exclude slavery from .
| territory before they hare people enough to
make State. the slave power will whip Them
! mud send them back.
cratic creed. and is preached nowhere except in
| the NorthHestern States.
Republicans>d deny that slave property is the
same as any other species of property. The
right Of property in men depends upon local
law. and It is not an automatic principle Of COM
mo- mon law, law, rs Judge D'aek says thas one nun
can hare property IN another. Marriage, which
IS legal ia Germany, 4nd children that are legit.
innate under the laws Of Germany, would be re-
yardcd Us legal and legitimate here, because all
civilized countries recognize the mArriagc re1a-
tion. horse which belongs to a man By vir-
| tue oil the general laws Of the world. would be
his property in every country where the rights
| Of property we're recognized.
=, But no such principle holds good in regard to
the property Of taan II man. This differ
euce il is derived from the Great Author ii
all. he gave man dominion over every other
living creature that moves on the face of the
| earth; oveF the fowls which dy in the air; tue
fishes " ich swim in the sea over every tree
and herb; but nowhere gave he man dominion
over nun. fSensatiou.1
Il wEs IN accordance with this great principle
TINT the UsclRsa1iun Of Independence v ~ n4de.
wherein it is declared that Ill men are created
tquaa, and endowed by their Creator with Ger
tain inaleuable rights. All men are created
equal: What is ueaut hr that! do not sup
pnse it is taeant laat nj mxu ire equal in or
| ganlzed society. The very iIea Of organization
implies rules and regulasions by Which some
goscrn aud others are governed In every
government you must have governors and
those Who are TO be go(erned. The peu who
fraued the declaration Of Independence meant
TO put on record their protest against the sya-
STEM in the Old World where me1 claim to rule
By Divine right, and 10 lord it over others.
Ther meant II repudiate, then and forever, that
man Is born with HE right to rule over man.
He may have domi6ion oser property. and over
the animal creation; bat no man in The absence
OF posiuye law has dominion over his fellow
man. Ac dcrlEes that dominion from tue force
OF power. When ta1ious went 10 war, and nj
army Of one nation captured that OF another,
the caPtiEes were held " the mercy Of the cap
CO. CO. They could put them to death or reduce
item to slavery II is BY virtue of the exercise
Of this power, BY local law ::e::: slavery exists,
aud it Cannot exist anr other way. This was
proclaimed ye4rs ss5 as the Law Of England.
Lord Mansfield dec ared that slavery could not
exist in England: that Stare could not breathe
in England; that the moment slare touched
f{r;t1.f xnij hrs shAek1a4 fr1I