Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1860-01-27
WHOLE NO. 27SO.

measure rests upon positive idea for all true states
nanshp is founded upon positive IDEAS
In order to find out Mr. Douglass own definition Of his
1wn ''nreM puhcple, are obliged 10 pick up the
most lucid Of his statements find them scattered
about IN numerous speeches and manifestoes. Aner
cfusngs upon the sea of platforms and ar
guments, Mr. Douglas has at last landed at the following
point "a slave, says he, In his famous Hafper-maga-
zine article "a slave within the meaning Of the const
uon is a person held service or labor in one state
under ne ta'os thereof NOT under the constitution Of
The United States, OF under the laws thereof by
tue Of any federal authority whatever but under ne aos
n he particular state cero such seruico labor may be
due This is clear, and with his ewes firmly liked up0n
the people of the North, he goes ON N as Mr. Bu-
ohanln asserts slavery exists in the territories. by yr
tue Of the constitution Of the United States hon Il be-
comes the imperative duty Of Congress 10 hs perform
aHce Of which crey mcbey bound jy his conscience
and hs oah, and from rdich coasdsraon Of policy
orDedicncy release him. TO provide by law such adj
equae aud complete protection as is essential to the en-
oyment Of important right secured by the consttu
tom n one word, 70 enact general slave code for the
lerrieories But Mr. Douglas is not satisfied with this.
10 order % strengthen his assumption, aud annihate
Mr. Buchanans construction Of the Nebraska bill still
more, he proceeds. "Thc constitution being uniform
everywhere within the dominion OF The United states
being the supreme law Of the land anything 90 the
sutuuons OF laws Of any Of the states to The contrary
sy'ania just we'll as ia Kansas in South Carolina,
by virtue of the constitution, since Peunsyvau is
subordinate 20 the constitution Ia the mauuer and
10 NE same extent as South Carolinl and kansas
Just So Mr. Douglas having been positive, he
not deny us the privilege Of making few logical de-
ductiuns from his premises. We expect him pro-
ceed 10 the following manner "since slave is held
under the laws Of state, and under the constitution
OF the laws Of the United States, slrey esis only by
rtrtue Of local lar toe court 0 appeals uf Ken
lucky expressed it "the right 20 hold slave cvst only
hy H0sfire ar " municipal character anl has no
foundation Ia the lew Of nature or the uuvrttcn and
common la" II slavery cannot exist except by virtue
Of local law NJ municipal character, it follows ir-
resistabe consequence, that stakeholder cannot hold
slave as pTope ~ IN territory where there Is mo- local
Law ui municipal character establishing that right of
property And further the right 10 hold slave having
foundation n the law of the uuwrittcn and
law Va forced the conclusion. that n
slave, brought by his upon the soil OF territory,
before the territorial legislature have enacted laws
no llcal law of municipal character under which he
might be held slave. This principle is recognized
by the deconsof several southern courts Having gone
so far (aud indeed cannot see how logical miud can
escape the conclusions from Mr. Douglas premisesl
Mr. Douglas would be obliged 70 define his popular
ercgnty De the right Of The people of territory, rep
resented in the territorial aiure TO admit slavery 6y
positive enactment Il they IT, bf e being rei
dcrstood that arehoier has not NE least sAld0c gf a
right 10 take has siIrc frlperig into the ferrfOTB. be0re
such p0sHirc hqiSiafioa has been h1d This ,deanon
would have at least the merit Of logical consistency
But what does Mr. Douglas say slavery" so he
tells "s ia his Harper magazine article, 'slavery being
the creature Of local legislation and NOT Of tho con
ton o the United States it follows that the constitution
does not establish slavery in the territories beyond he
porer Qt the people 10 control 10 hy iau" WHAT The
constitution does not establish slavery in the territories
beyond certain sOmchingl What Dies that mean
II slavery is the Of local law how the
stuiion by its own force permit slavery to 60 into ter
ritory at aHf
care not TO fall into the trap OF sOphstry. Why
does he not speak OF the admission Of slavery by positive
enaa'ments Why not even Of the power Of the people
20 ercide il by law We look in vain for light in Har-
per's magazine,-(and is it indeed true, what Judge
Black ntmaes that that article is Of the obscures
documents by which politician attempted 10 beog
his followers but we may gather Mr. Douglass real
opinion from another manifesto preceding this In his
New Orleans speech delivered after his in
Illinois, he defined his position in substance follows
The democracy Of Illinois hold that STAKEHOLDER has
the right to take his slave property into territory
q; other man has to take his horse or his me''hAn
whatl Slavery the creature of local law and yet
STAKEHOLDER has the right take his slave property into
territory before any local law has given him that right
slave does not become free, when voluntarily brought
by his owner upon the soil Of territory, where posi-
tive local law establishing slavery exists How is this
possibe How can even the elastic mind Of democrat
c candidate for the Presidency unite these contradictory
assumptions, (ApPlanse.l And yet there it stands,
and nothing that Mr. Douglas said be
quiyoea in its meaning. And here again may claim
the privilege Of drawing few logical deductions from
Mr. Douglass own premises II, as Mr. Douglas distinct
ly and emphaucay tells US STAKEHOLDER has right 20
take his slave property into territory and hold
him there property before any legislation that point
Is had from what source does that right arise Not from
the law Of natureor the right TO hold slave Is un-
founded in the law Of nature and in the unwrtten and
common law d" aud even Mr. Douglas little as he may
care about nature aud her laws will hardly dare TO assert
that the system Of slave labor is the natural and normal
condition Of society Il must then spring from positive
law. But from what kind Of positive law Not from
any positive law Of local and municipal character for
there is such in the territory thus far Where
then lnere hut KIND OF positive law TO
which the territories are SUBJECT before any local egsla
tion has been had, and that is the constitution OF the
Tinted States IT, therefore, Mr Douglas asserts, he
does that STAKEHOLDER has right 70 take his slave
property into territory he the time admit
that in the absence Of local legislation positively esab
fishing slavery the constitution Of the United States the
only valid law existing there, must be the OF that
right What else does Mr. Buchanan assert, but that
slavery exists In the territories by virtue Of the federal
constitution Where is, then, the point OF difference
between Mr. Buchanan and Mr. Dougasi Why all this
pomp and circumstance Of glorious war; Whence these
fierce battles between the Montech and Capulet Of the
democratic camp Are ye not brothers
But Mr. Douglas is statesman, $50 they ALL all
statesmen and pretends that the constitution dles not
establish slavery in territories, "beyond the pocsr of
II means that the people OF territory shall have the
power not to exclude slavery by law for Mr. Douglas
that expression, but 10 emharrass the slave
holder in the enjoyment Of his right by uniendly leg
slaon" The right to hold slaves, he, IN another
pirate police regulations II the people Of territory do
not want slavery, they have but withhold an protection
and all friendly Legislation" Indeed, most ingenious
But alas Here Is one Of those eases where the ab-
Sracf admission Of right is Of decisive mporianee.-
Suppose for arguments sake slave might escape from
his owner in territory, without being in actual danger
Of recapure would that in any way affect the constu
onal right Of the sayehoder to the possession and
iayment Of his property | have already quoted Mr.
Douglass 20 this question. "lf says he,
savey exists in the territories By yftue OF the const
tlton, Chat is starehoder hos riqh 10 introduce
ms "sfGre property rhele hrfe "a no other oH bw the
coasfroHJ "then Il becomes the Imperative duty Of
Congress- 10 the performance Of cheh ererY member is
b9pid by mis- oHh and conscience, and from tohich
consideration Qf policy sspsdieey reeaic him. 10
prouids by ido such adequate and complete protection
Is essential 70 the eyogaent Of Haf important rght'
And Mr Douglas, after having emphatcally admitted
the right Of property in a slave, where that right
spring from other Law bnt the constitution then dares
to speak oi unfrendy legislation Where is his
science Where J., his oath Where is his honor
(Applausel
But Mr Douglas says more "The constitution being
the supreme law OF the land in the sates aswel IN the
territories then slavery exists in PennVvana gust as
we'll as in Kansas and IN So ith Cafnlna and the ire
pressibe conflict il there :" Ayc the irrepresshle
hct is there only between the twp anagOnisto
TENS Of labor but between Mr. Douglass theories
not only in the aud territories but n Mr. Douglass
own head daughter and cheers Whatever ambigu-
Gus expressions Mr Douglas may invent, the dilemma
stares him in the face (and here put myself his
ground) either slavery i excluded from the territories
~ long it IS admitted hy special aat of Territorial
eysliuoupr II STAKEHOLDER has the rghtto Introduce
hi. slave properly there before .uch eyAnn j.. had he
can pnsscs, nat right b., virtue Of other but the only
Either slyerY has 400 tights in the territories, except
those springinu from positive law 0f local municipal
Character or. according to Judge Douglass own admits
sion the southern construction Of the constitution and u
the principles 1f popular sovereignty Is the only legit-
nate one that the constitution by is own force carries
slavery wherever il IS the supreme law Of the land that
Congress Is obliged slave code for is proteo-
ton, and that popular sovereignty means the power Of
people slavery but by tinst IT,
There is no escape from this d emma.
Which side will Mr. Douglas take VIII be be bold
enough 10 that slavery, being the Of local
law only Is excluded nom the territories in the absence
OF positive law establishing III or will he be honest
enough 10 eoncede that according to his proposition
his New OGeaus speech slavery n the terrtp
ries by virtue Of the federal constitution he will neh