The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-14

party whose latest act was the abr0gat0n Of ccmnrn
with the hslowed name OF Henry Oay-a name that 10
YET garanded with fresh flowers In the hearts OF millions
youth and o. manhood the standard Of All thss Is manly
and noble. Applause And Y old Harry Clay had
lived, Stephen A. Douglas would never have dared to
touch one word OF the Missouri compromise.
kr Buchanan elected Presdent and soon after the
Ate mpt 10 force slavery upon Kansas was renewed with
swearing 10 returns OF the election Of 10 Tie Ie
compton Constitutional Convention. Tho men 90 de-
caIed elected gravey met and framed constitution in
than and above all law that instrument was sent 70
democratic President and Cabinet for approval and Il
approved 1t was followed by remembrance by the
Of popular vote In Kansas by the dearest
evidence that twas fraud cOnsummae by tho wholesale
commission Of The mesnest crimes known 10 the criminal
code. Applause Yet, having been approved by demo
a, President and Cabinet the further sanction
OF democratic Senate and would have been invested with
united sturdy opposition OF the republican party And
am glad to say that In this controversy the
were aided by The Senator'S and representatives Of that
middle class OK men who defeated them in the Presiden
ta contest, and also by democrats known As
anti Lecompton democrats. Even those nervous gentle
men who look upon this Union consumptve, dyspep
tic patent in danger Of speedy dissolution must have en-
Joyed temporary relief when Crittcnden, Bell Davis
Douglas, Marshall, Gilmerall '.he national eide OF
Inc hBe"- Joined the republicans in their op
position to the chief measure Of this administration They
regarded the whole measure with ndignaton and scorn
Another significant circumstance connected with this
memorable controversy is that the principal element Of
the strength of ono Of tho prominent democratic cand
dates for the Presidential nomination consists In The
that throughout the he acted with the republican,
II the controlling interest ia the democratic party shall
allow Mr. Douglas 10 be noninated at Charleston, will b,
actr with the republicans on this great question But you
may rest assured that this done. slavery will demand
indemnity for the past and security for the future Some
new act u eaty some pledge Of submisson will be
exacted as the condition Of his nomination Whatever
may be his fate will do him the justice TO that hs
publican cAuae, let him be friend or foe (Applause)
Well gentlemen, Lecompon was defeated; but the
democratic party covered its defeat by the contrvan:s
known as the English bill will Tot stop discuss this
bhl, for its offers, It's promises its brides rejected
by an overwhelming majority Of the people OF Kansas
and demand ssion into the Union They have fairly
won the honos Of State sovereignty by struggle glor
GUS asihe struggle ofour fathers (Appauss
They form the right wing Of the army of free labor and
are ready TO shake hands in the friendly compel on OF
peaceful deyeopement with their neghbors and friends
IN Western Texas Their praries the pathway OF the
onward advancing tide of STURDY settlers, who trust
viii forever prevent slaves from occupying another foot
Of our Western Territory Yet at this time democratic
their admission as State. Two years sgo Kansas had
enough population to be admitted under the Lec1mpton
constitution; but is doubtful, very doubtful, without
very special count, whether she has enough to
lie her to admission under constitution conessedy ap
proved by her people.
which nothing but slaves and slave labor that
Inmates the value OF but one production of indusyraw
cotton that cannot or Will not study census table TO
learn its growing weakness that win not read the lesson
taught by this great city by such State Ohio; by the
development Of the whole Northern countryit is that
narrow interest, broodpg like nightmare over the demo
cratic party that orbds the prompt admission Of Kansas
But Notwithstanding these iactious delay the republican
party may confidently claim, az the result Of its policy
that Kansas will in free State Applause
| have dweit thus At length upon the history Of the
kantas CONTROVERSY because in that controversy have
been developed The purposes and aims OF the slavery in
teres. which controls the democratic party and through
he Executive and the upper branch Of the legislative
depai tnen Of the government II extend inquiry
to The judicial department we discover that It's influence
no less potent and controlling there than in the other
co ordinate branches In remote room of the Capitol at
Washington, you will find sitting . court Of grave
and reverend gentlemen In balck gowns Treat
softly for everything about this room has funeral
pect il is the tribunal which prescribes tie platforms
and writes out the doctrines of the democratic
party; lApplause and laughterl Since the last
Presidential election has declared that man with
any negro blood In his veins has not su1lcien
humanity to enle him 70 In the courts Of the United
States This il had right to say, because such man
fore the court whether he had power to But sezng
the occasion presented by the suit Of this negro they
for the a time BY co.. the d that
States, but that slavery recognized by the constitution
Of the United States, and that persons held to service
as the constitution describes slaves are in precisely the
same condition horses, CATTLE and other chatte pro
perry. ('ShsmepO
The opinion universally held By the trainers OF the
constitution was that slavery was mere municipal resu
laton, protected BY ussge or positive law in certain
States but condemned by the conscience Of the people
all the States and endured only until 1t could be safely
removed The only right which tho federal government
denies to the owners Of slaves outside OF slave state
cares that mo person held 10 service labor
State under the laws thereof escaping into shall
in consequence Of any law or regulation therein, be DIS
charged from such service labor but shall be delivered
mp on claim OF the party to whom such service or Labor
may be due"
If slave escapes he m ny be recap.ured IF be Is found
anywhere beyond the range OF the municipal law, under
circumstances which co not constitute escape he is
iree and there NO power in the government that
make him slave again. Whenever alluded to in the
stution, IL as personals such he ia represented u
Congress More than xeny gentlemen who mako OF
The bad talk there which disgraces the country hold
their neas in the House Of Representatives by slave repre-
sentation The constitution contepstes alone and
not property az the basis Of representation; per
escapes person, he the basis Of sxaton as per
son, he spoken Of in the claxe which allows the proh
bitten Of the slave trade after 1905 BE is nowhere in
the Constitution referred TO as property and we have the
authority Of many distinguished who aided ia fra
ming the Constitution that thiz idea that could hold
prorery IN man vas carefully excluded in that nsru
wrong to admit the idea in the Constitution that there
beproperty in man"
Roger sherman, 10 the same convention, said. 81 an
Opposed to a tax on savee, because It implies they
property. There was no difference among these men
and in all the political writings and judicial opinions Of
the time not only Of the OF the United States bu
Of the State courts North and South slavery regard
ed as condition lkeEmnority alenage which, once
language was atrorg, and breathed the generous aud
manly spirit Q. liberty But few years since, in
the case Of P,iss rus the Commonwealth
States declared that the state Of slavery is
deemed to be mere municipal regulation, founded upon
and limited to the range Of the Territorial law"
was not until the interest Of slavery became political
until moulded party to suit its purposes that the State
courts in the save States changed their rulings One by
enc the various departments Of the general government
fell under The power Of this institution until the
Jory OF the Supreme Court prepared by its peculiar
ganzatop have departed from judicial propriety, and
carried 10 the ranks Of political party the weight of
their official position; municipal institution often
sive alike from it's origin its nature Its name, and it's ef
feet upon free labor is elevated into national institution
above the power OF Congress and the people, and CO.
extensive with ali the Territories Of the United States
Gentlemen, is not my purpose to discuss this de-
cision further It only important it states the 20.
tical opinion OF the democratic party heretofore
noted for It's love for courts or law. It was a
political necessity yielded to the democratic party and
have doubt WILL in due time, take its place that
muludinous array Of overruled cases familiar to law
yers In the meantime has neither the form nor face
of law except affected the fate of bred Scott
But gentlemen sometimes tell they opposed 70 the
agitation Of the slavery question Well, how will you
avoid it' WIN it be by submission s-by constantly
yielding to new denands9 (Cres of "No You have
got to do IL If you stick 10 the democratic party.)
/ have been in Congress five years. and / have
EnalD b-~v