The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-09-13

And here again We may claim the priv
lege OF drawing few logical deduction
from Mr.. Douglass 8 own premises. If a
Mr.. Douglas distinctly and emphaticall,
tells US, stakeholder has right to take
bis slave, as property, into a Territory
| and to hold him there as property, before
any legislation on that point is had, from
what source does that right srisef No
from the law of nature, for the right te
hold slave is "unfounded in the law oil
nature, and in the unwrtten and com.
mon laws" and even Mr.. Douglas, little
as he may care about nature and her
laws, will hardly dare to assert that the
system of slave labor is the natural and
normal condition of society. 1t must
then spring from positive lawl But from
what kink of positive lawi Not from
any positive law of local and municipal
character, for there is none such in the
Territory so far. Where is its source,
then There is but one kind Of positive
Law to which the Territories are subject
before any local legislation has been had /.
and that as the ConStituti0n of tie United
States. If, therefore, Mr. Douglas as
serts, as he does, that a STAKEHOLDER has
right to take his slave as property into
a Territory be must, at the same time,
admit that in the absence of local legis-
lation positively establishing slavery, the
Constitution of the United States, the on
ly valid law existing there, must be the
source of that right. What else does
Mr.. Buchanan assert, but that slavery ex
lists in the Territories by virtue of the
Federal Constitution I Where is, then,
the point of difference betseen Mr.. Bu-
chanan and Mr.. Douglasl Why all this
pomp and circumstance of glorious war
Whence these fierce battles between the
Montechi and Capuletti of the Democrat
10 camp? Are ye not brothersl
Bot Mr.. Douglas is statesman, $50
they are all, ell ststesmen,) and pretends
that the Constitution does not establish
slavery 10 the Territories. "beyond the
'0ecer Of the people to control 1t by Saao. =
What does that meani 1t means that
the people OF Territory shall have the
power to embarrass the. Shareholder in
the enjoyment of his right by "unfrieudly
legislation. "The right to hold slaves
says be in another place, ''is worthless
right, unless protected by appropriate po.
lice regulations. If the people of Ter
ritory do not want slavery, they have but
to withhold all protection and all friend
Is legislation" Indeed, a most iugen nous
expedient.
But, alas! Here is one of those cases
where the abstract admission of right is
of decisige Importance. Suppose, for ar.
guuent's sake, slave might escape from
bis owner in a Territory, without being
in actual danger of reeapture; would that
in any way affect the constitutional right
of the STAKEHOLDER to the possession and
joyment of his property have already
quoted Mr.. Douglass own answer to this
question::
'If,' says he, slavery exists in the Terri
tories by virtue of the Constitution" (that is,
if a stakeholder has right to introduce his
''slave property where there is no other law
but the COustltutlon,) "then it becomes the
Imperative duty of Congress, to the perfor-
nance of which every member is bound by
his oath and conscience, and from which no
consideration of policy or expediency can re-
lease him, to provide by law such adequate
and complete protection as is essential to the
enjoyment of that important right"
And Mr.. Douglas, after having en-
phatically admitted the right of property
in slave. where that right can spring
from no other law but the Constitution,
then dares to speak of unfriendly legisla-
tion. Where is his consciencel Where
is bis oathl Where is his honorl APP
plause.1
But Mr.. Douglas says more:
"The Constitution being the supreme law
Of the land, in the States as well in the Ter
rltorles, then slavery exists in Pennsy lvania
just as well as in Kansas and in South Caro-
lima, and the irrepressible conflict is there!"
Aye, the irrepres-ible conflict is there
not only between the two aDtagonstic
systems Of labor, but between Mr.. Doug.
lass own theories; not only in the States
and Territories, but in Mr.. Douglas own
head. Laughter and cheers. Whatever
ambiguous expression Mr.. Douglas may
invent, the dilem ma stares him in the face,
land here L put myself on his own ground y
either slavery is excluded from the Terri
tories SO long as it is no. admitted by a
special act of Territorial legislation. or,
If stakeholder has the right to introduce
bis slave property there before such legis.
lation is had, be can possess that right
by virtue of no other but the only law ex.
isting there, the Constitution of the Uoi-
ted States. Either slavery has no rights
10 the Territories, except those springine
from positive law of a local or municipal
character, or, according to Judge Doug
lss's own admission, the Southern con.
struction of the Constitution and Of tho
principle Of popular sovereignty is the on
~ legitimate one, that the Constitution,
by its own force, carries slavery whorev.
er it is the supreme law of the land, thai
Congress is obliged to enact a slave code
for its protection, and that popular sover.
eighty means the power of the people te
vote for slavery. but by no means agains