The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-07-20


proper legislation to enforce them, sufficient
legislation must he passed, Ut our Government
Il failure. Gentlemen, l see no escape from
that conclusion" #r
And, Mr.. Chairman, there Is not parti.
cle of difference in principle between Mr..
Breckinridge and Mr.. Douglas; and all
there Is In appearance Is that, while the lat
ter accepts the principles and dogmas Of the
court, in the most explicit terms, the iormer
states also their logical results and require
ments. l.--.'s
Let Us sse how this Is. In specch at n.
Orleans on the 9th Of December, 1858, Mr..
Douglas said:
"The. Democracy OF Illinois. In the first place.
| accept the decision OF the Supreme Court OF the
United States In the case Of bred Scott; as an
AUTHORITATIVE Interpretation af the Constitu-
ton"
Hc Is willing to surrender all power to In
terpret the Consultation, 50 hr as he Is able,
In favor Of the Supreme Court. '''F
"In accordance with that decision" he goes
on to say, eve hold that siares are property,
and hence ON an equality with oil other kinds
of property; aud the owner OF slave has the
same right TO move into Territory, and carry
his slave property with him, as the owner Of
any other property has to 90 there and carry
his property"
submit that this covers tho whole ground
occupied by Mr.. Breckinridge and President
Buchanan. How, if slaves are property un-
der an ''authoritatiyc Interpretation Of the
Constitution" that property can be exposed
to uniriendly legislation, in a Territory sub
ject to the Constitution, Mr.. Douglas has not
4 . "a uxI o.,
say that 1t can be. And so Mr.. Douglas
Himself understands; for in the same speech
he continues:
"And let me say to you, that II you oppose
this JUST doctrine, II you attempt to exempt
slavery from the rules which apply to other
property, you will abandon your strongest
grounds OF dsfsnes against Me assduits Of h'
Black Republicans aad a5oiiffonists."
Certainly Mr.. Douglas saw that the idea
of property In slaves, under the Federal Con
stitution, was tho strongest ground OF de
fence that the shareholders can have. And
although he speaks of the applicability ol
the same rules to slave rs to other prop
crty, he cannot bc ignorant that any thing
which Is property by virtue, and with the
stamp, OF the Constitution, must be unex-
posed to atticks which may be made on prop
erty not thus fortified.
But, not willing to stop here, the Senator
from Illinois proceeded TO endorse the rca.
SONS upon which the decision is placed by
the court, by denying the natural and clear
import Of tho Declaration Of Independence,
and complaining Of Southern men = this
Northern Senator complained Of Southern
Shareholders for not meeting as they should
the Northern argument drawn from that in
strument. Said he:
"I must be permitted to tell you that many
ersn of your Southern men hare QUAiLED un-
der that argHmsai, and failed TO meet t."
They have guaiied before the great utter
ances Of tue Declaration, and, baye been un,
able to deny them-he, never. He can deny
the immortal truths Of that instrument with.
out quailing
That these extracts contain his deliberate
opinions and his real position on this quos.
ton, appears from somo remarks which he
made in the Senate Of the United States on
the 23d day Of February, 1859:
"I do not put slavery on different footing
from other property. recognise II rs proper
~ under what Is undsrstoof 10 be the dseition
Of the Supreme Court. agree that the owner
Of slaves has the same right to remove to the
Territories, and carry his slave property with
him, as the owner OF any other species OF prop
erty; and to holl the same subject to such To-
cal laws as the Territorial Legislature may con:
additionally pds,j and II any person shall feel
aggrcvcl by such local legislation, he may dp-
peal 10 the Supreme Court 10 test the validity
Of such laps."
There you have it--subjcct to such lcgis-
lation as the Territorial Legislatures may
onstiiutionaliy pass, Aud at that very time
he knew that this court, in the derision which
he says he accepts, had declared that Ter
ritorial Legislature could pass no laws i'm.
pairing the right of property in slaves, and
had said that the only power conferred on
Congress Tor its creature, the Territorial
Iegislature) was "tie porer coupled rih
The duty of guarding and protecting the ,wn.
er (of slave property IN his rights"
But compare tue resolutions proposed by
the majority and by the minority OF the
committee at the Charleston Convention
The former were in these words:
"ist That the Government Of q Territory
Is provisional and temporary, and during Its
existence all citizens Of the United States have
an eaual right to settle with Their property In
the Territory, without their rights, either Of
perso $ or property. being destroyed or injured
by Congressional or Territorial legislation.
'"2l. That II is the duty OF the feleral Gov
ernment, In all its departments, TO protect the
rights Of persons and property to the Terrific
ries, and wherever else its constitutional au-
thority extends"
Those offered by the Douglas men, rs re-
ported in the newspapers, arc as follows:
"That, inasmuch rs differences Of opinion
exis, in the Democratic party rs to the nature
and extent Of the powers aud duties Of Con.
gress, under the Constitution Of the U. States,
over the institution Of slavery within the Ter
ritories," =.
"Resoired, That the Democratic party will
a5iie by the decision OF the Supreme Court ol
| the United State. over the Institution Of slavery
iu the Territories"
And that decision (and Mr.. Douglas speaks
of il rs q decision In the speech from which
have quotcdD goes to tho extent that the
slave power is entitled TO oil that is claimed
In the majority. resolutions.
But, sir. rs II TO place this matter bcyend
all possibility Of doubt, Mr.. Douglas, In hiA
recent speech In the Senate. has renewed the
expression Of his entire willingness to leave
the decision Of the question, whether Con-
grcss or the people Of the Territories can OF.
clude slavery from the Territories, or legis-
lato to Its prejudice therein, to the Supreme
Court. He read, in confirmation Of the
soundnem Of his own position, letter from
the Hon. 4. ii. Stephens Of Georgia, datca
May 5th, 1860, from which mako tho 'oi'
lowing extract:
"As IL Congress did no, have, or doe: : rso NOV
have, the power to exclude slavery IroM snd
still contend, they have not, then they eoIid
not and did not confer II upon the TERRITORIAL
Legislatures. We Of the South held thst Soni
rress hal not the power 10 exclude, and cou,a
NOT delecate a / over they did not possess; al
50. thai the people had not the power 70 sh. sh.
cluie under the Constitution; and the,eioIs s .ns
mutual agreement Was to take the sS9ser Ss nov. ys
of Congress, aud leave the question OF theP
ar OF the people where the Constitution nla
n,,ccd it-.with the courts. This 10 the sno'e
pf n. The question IN dispute isa lud,c.ail one :,