New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-14

didate TO perpetnate the escenoency Va party ~noe9
latest act vas the sbrogaton OF compromise rendered
doubly sacred BY lie historic connection with tho hal
loved name of Henry Clay-a name that is yet gar
landed with fresh flowers in the hearts OF millions Oh
his conntrymen name that Is the emulation OF youth
and Of manhood the standard OF all that Is manly and
noble.
Mr.. Buchanan was elected President, and soon after
the attempt 10 force Slavery upon Kansas was re-
newed with fresh energy. Democratic officials en-
esged In forging and swearing 70 returns OF tne acc
ton Of delegates 10 the Lecompton Constitutional Con-
yentiop. The men 90 declared elected, gravely met
and framed Constitution in which they declared that
property iD slaves was higher than and above all law.
That instrument was sent TO q Democratic President
and Cabinet for approval, and II was approved. IL
was followed by remonstrance, by the condemnation
of a popular vote in Kansas, by the cearest eyi-
depce that IL was fraud consum mated by the
Wholesale commission of the meanest crimes known
10 the criminal code. Yet, having been approved
by Democratic Preident and Cabinet, 1t received
the further sanction Of Democratic Senate, and
would have been invested with allthe power and force
of an act of Congress- but for the united sturdy oppo
sition Of the Republican party. And am glad TO say,
that in this controversy the Republicans aided by
the Senators and Of that middle class
Of men who defeated them in the Presidential contest
and ALEC by some Democrats, now known as Anti
Lecompton Democrats. Eventhose nervous gentlemen
who lock upon this Union as eonsumptve, dyspeptic
patient in danger speedy dissolution, must have en-
joyed temporary relief when Crttenden, Bell, DAVIS
Marshall Gilmer-an on "the national aide OF the
the chief measure Of this Administration.
Another significant circumstance connected with this
memorable controversy is that the principal element
Of the strength Of one of the prominent Democratic
candidates for the Presidential nomination consists In
the fact that throughout the struggle he acted with the
Republicans II The controlling interest in the Demo-
cratic party sha allow Mr. Douglas to be nominated
at Charleston, it will be because they believe he ac-
quired Northern strength by acting with the kepuo,
this great question: But you may rest assured
that this be done, Slavery will demand indemnity Tor
the past and security for the future. Some new act Of
fesfy pledge of submission, will be exacted
as the condition of his nomination. Whatever may be
his fate, will do him the Justice TO say that his tenn
porary rebellion was Of the highest service TO the
cause of Republicanism.
Well gentlemen, Lecompton was defeated; but the
Democratic party covered s defeat by the contrvance
known as the English bill j viii not stop TO discuss
this bill; for its offers, its promises, ts bribes were
rejected by au overwhelming majority OF the people
of Kansas. They now come with constitution OF their
own making, ard demand admission into the Union.
They have fairly the honols of State sovereignty
by struggle az glorious the Revolutionary struggle
OF our fathers. They form the right wing of the army
of free labor and are ready to shake hands In tne
friendly competition of peaceful development with
their peigbboIs and friends in Western Texas. Their
prsriee are the pathway Of the tide
of sturdy settlers who, frost, will forever prevent
slaves from occupying another foot OF our western
territory. Yet at this time, Democratic President
and Democratic Senate stand in the way Of their ad.
mission as a State. Two years ago, Kansas had
enough population 10 be admitted under the Lsconpton
Constitution; but lie doubtful very doubtful, without
a very special count whether she has enough now 10
eptitle her to admission under Constitution confess
eely approved by her people
NV fellow-citz the came narrow, sectional inter-
ee which can see nothing but slaves and slave labor;
that estimates The value of but production Of in
dustIy-Taw cotton; that cannot, or Will not study
table to learn its growing Weakness that WIN
not read the Lesson taught by this great cyi by such
State as ObiO; by the development OF the whole
Northern couniIy it is that narrow interest," brooding
like nightmare over the Democratic party, that for
bids the prompt admission of Kansas. But notwith-
standing these factions delays, the Republican party
NAV confidently claim, the result OF tie policy that
KaI sas will coon come in as Free State.
Ibaye dwelt thus at length upon the history OF the
Kapsas controversy, because in that controversy have
been developed purpoees and aims OF the SayeTyin
tereft which controls the Democratic party and through
il the Executive and the upper branch OF the Legs
lstiye department Of the Government III we extend
our inquiry TO the Judicial department, we discover thai
its influence is less potsnt and controlling there than
In the other coordinate branches In remote room OF
the Capitol, at Washington, you Will ma sitting
Cont Of grave and in black gowns.
Tfeai softly, for everything about this room has
funereal aspect. 1t is the tribunal which
tlatfoTns snd writes out the doctrines OF the Usb-
cratic party Since tie last Presidential election IL has
declared that man with any neSrG 9looo 10 ns F.s
hae not sufficient humanity 10 eDtitle him TO sue IN the
Courts Of the United States. This il had right 70 say
becsuee such man had sued IN that Court ana u gas
question properly before the Court whether be hsa
the sut of this negro, they announced, Tor the hrst
tine By court the doctrine that slaves are held not
simply under the Laws Of the deren. States but ina,
Slavery is recognized by the Coniuuon CT the United
Ststes and thai persons held to service as the Con-
stituon detcribes saves, in precisely the same
COZ dton as horses cattle, and other eha.el property
The opinion universally held by the trainers OF the
Copetnton was that Slavery was mere municipal
regulation protected by usage positive law In GER
tain States but condemned by the conscience OF the
people of all the States and endured only until i could
lie safely removed. The only right which the Federal
Government denies TO the owners Of eayes outside OF
Slave State arises from that provision Ia the Consttu-
ton which declares that No person held TO service or
"labor in or Safe UNDER THE LAWS THEREOF ehcap-
ing into another shall 10 consequence OF any law or
CIRCULATION therein be discharged from such service
DOR labor bat shall be delivered up on claim OF the
"paIty to whom such eervice or labor may be due
If a slave es apes he may be recaptured. IL he Is
found beyond the range OF the municipal law
under circumstances which do not constitute an escape
he is free and there is power IN the Government
can make him slave again. Whene7e- alluded 10 In
the Constitution 1t Is "a personas suca ne y repre-
now hold their seats in the House Of Representatives
by slsve representation. The Constitution eoItem.
plates persons alone and lot property as the bass OF
representation; as person owing service, he may be
recaptured when be escapee; as pereon he 10 the
basis Of taXstion as perion, he is spoken OF in the
cIause which allows the prohibition Of the flavetrade
after 1908 lie is nowhere in the Constitution referred
to as property; and we have the authority of many
distinguished men who aided in framing the Constitu-
ton that tbis dea that could hold property in
was carefully excluded in that instrument Madison
declared in the Convention: 81 think wrong TO adj
nit the idea In the Constitution that there can be
property IN man."
Roger sherman, in the same Convention, said: " /
am opposed 10 a tax slaves, because 1t implies
Z" they are property" There was no difference among
these men and in all the political writings and ju-
dcal opinions of the time, not only of the Courts Of
the United States, bn Of the State Courts North and
South, Slavery was regarded as condition like mi
oli which opoa remnved could