Gazette and sentinel., 1860-08-25

There is another branch of this question of
slavery exclusion which requires Il moments
consideration. Mr.. Douglas and his adherents
have endeavored to make some political capt.
tai by dcnouncing what they term Il slave
code for the territories. The position of the
South on this subject is very clearly stated in
the resolution reported by II majority of the
committee in the Charleston Convention, and
since adopted by the Convention which nomi-
mated Breckenridge and Lane. 1t is this:
THAT it j. the duty Of the Federal Gov
eminent, in ali Its departments, to protect,
when necessary, the rights of person and
property in the territories, and wherever else
its Constitutional authority extends
| have already stated that we have the
highest judicial authority for the position that
we have a Constitutional right TO emigrate to
the territories with slave property and to hold
such property there so long as they remain in
the territorial condition. But it has been
found by all experience that Constitutions
principles will not take care of themselves.
They need the assistance of the law to provide
remedies for their violation, and TO punish
those persons who deliberately attempt to sub
vert them. And you may set it down as a
general rule. free from any exception, that
wherever the Constitution of the United
States guarantees the enjoyment of any right,
it is the power and duty of Congress to pro-
vide n remedy for the infringement of such
right, and to pass laws for its adequate protec-
ton. 1t was upon this principlethat Congress
in 1893 and 1850 passed laws providing the
mode of returning ~fugitives from labor and
prescribing penalties for the Offense of harbor-
ing or concealing them. The Constitution
simply declared the right of ownership and
recapture TO exist, Notwithstanding the escape
of the slave into another State. But this
naked assertion of the right would have been
a dead letter, if it had not carried with it as a
necessary consequence, the power of Congress
to provide the means of enforcing it and of
preventing its violation.
When the Cincinnati platform declared
" non interference by Congress with slavery
in State and Territory, or in the District of
Columbia " To- be the doctrine of the Demo-
cratic party, it did not mean that Congress
could pass no law to enforce the reclamation
of fugitive slaves in States where the people
might be opposed to their removal. Nor did
it mean to declare that Congress should be
powerless to secure the constitutional rights of
a STAKEHOLDER in the territories or in the Dis
trict of Columbia.
In most State Constitutions we find the gen.
eral declaration of the great personal rights
of liberty and property-of the freedom Of
speech-Of the liberty of the press-of the
| illhS VI AZ HNOBiS ~ CNoh IN" 'N h"
liberty of conscience. And vet, what would
all or any of these abstract assertions of prin-
ciple be worth, if the law did not come in to
enforce and protect the rights thus secured,
and prescribe adequate punishment for their
Infringement?
In the case of State Constitutions this duty
devolves upon the State Legislature; and on
the other hand, asaalready stated, whenever
the Constitution of the United States secures
, to a citizen any right either in a State or Ter
, ritory il is the duty alike of the Federal Ex-
|, e~cutive, judicial, and Legislative authority to
protect him in its enjoyment. If he is per-
t mItted to exercise it unrestrained and undis-
/, turbcd, it NAV never be necessary for either
2 department of the Government to interfere IN
his behalf. But the measure of defense must
[ be the danger with which his rights are threat
5 ened.
e TIL character of slave property renders Il
Y liable TO inyasion in a manner peculiar to it
4 self. In most of the States where slavery ex'
o lists by law, provisions are enacted to punish
f the person who entices or assists slaves t.
4 escaue from their owners, or who incites then
to insurrection. What would be the security
n of slave property in the territories, If Adolf
+ tionists were permitted, without fear of pun
@ ishment, to furnish slaves with the means o
flight or persuade them to rise in rebellion
g against their masters The constitutions
right of holding slaves in the territories there
e fore, like all other constitutional rights, re-
e quires the aid of the law to make 1t efficient
But where are we to look for this law? MIR,
Y Douglas tells us that we must depend upon the
e Territorial Legislature; and that, If 1T refuses
10 to enact anv penalty for the destruction OF onI
privileges we are without redress. He might
a. well tell us that we must look to the Legs,
lature of Ohio to enforce the constitutional
4 provision for the rendition of fugitives from
h iabor. who have led TO that State. Perhap:
he will saw that if the Territorial Legislature
of Utah refuses to prescribe adequate penal
+ ties for larceny or murder, Congress canno'
A. protect the propertyor lives of emigrants pass
Ing over the plains. -
lie I have little patience with the miserable
III bubble that because Congress cannot proElo'
OF slavery in a territory, therefore 1t cannot pro
n tect it. And yet it has been proclaimed b.
of LAWYERS of so high repute that it cannot b
nassed over with contempt. Congress canno
IN nrohibit the people of a territory from exer
t. c;sipr the liberty of conscience; but it ca
at pass a law to prohibit any person from disturb
ing "A place of public worship. Congress car
X not destroy the right of an owner to reclaiI
i his fugitive slave; but it can pass a law
f. enforce il. A State law cannot exempt
mail-robber from trial and punishment by
SO Federal Court; but u State Justice of II
r. Peace can commit the offender. In short, a
IT. authorities, whether State, Federal or territ
in rial, can act in such u manner as to sustain q
Constitution, but they cannot properly, by al
he action, hwarti its operation.
mt Had Mr.. Douglas never preached the u
Id tenable and fallacious doctrine that a Territ
AT rial Legislature possesses n power superior
re that of the Congress which created it had
never contended for the position that the pc
ID pie of a territory can prohibit slavery by u
friendly legislation, therein recognizing t
So b;obar lau than the Constitution. the Sou