The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-08-01

OF the Kansas N eOraSKa OIL, TO com mlt
the Democratic party, as a national or.
ganisation, to either side; whereas, if the
Court did so intend, nothing is more cer>
tair than that whenever the question shall
distinctly arise, and be fairly argued, the
court will express it's determination in
language so plain as to command univer
sal acquiescence. The judgment of the
Supreme Court in Dred Sco:t's case has
been carried into full execution; and what
ever judgment it may hereafter pronounce,
in case depending on the validity or
invalidity of Territorial enactments, must
be anG will be executed with equal alac-
rity and confidence. But, evidently, until
some Territorial Legislature SHALL by its
enactments, have impaired the right of
property in slaves, there can be no use in
agitating such questions; and if, as the
authors of the Senatorial caucus resolu-
tions have declared by their votes, the case
of Kansas be not proper case for Con-
gressional intervention, it is difficult to
imagine any other in which a necessity
for such Intervention will arise.
1t is said, however, that the Democratic
party thus occupies an equivocal position,
and that the Cincinnati platform is rem.
dered susceptible of two interpretations.
This pretext is merely plausible. The
platform has no double meaning, and but
one sensible Interpretation. 1t declares
against Congressional Intervention plain
ly, openly, and unequivocally; but refers
she question of what power-if any-a
Territorial legislature can exercise for the
prohibition or the maintenance of slavery,
as Territorial institution, to the adjudi-
cation of the Supreme Court of the Uni
ted States. Democrats may differ as to
what the Court should or will decide; but
they have stipulated, whatever the decision
may be, to carry that decision into effect.
1t has been argued, also, inasmuch as
one duty of government is the protection
of property, in return for the allegiance
of its subjects, that the Federal Govern
ment cannot abdicate authority with re-
spect to the Territories, but should con.
stantly exercise power of immediate
legislation for the protection Of property
as well as persons within them. Thil
proposition, also, is merely plausible. i
ignores the fact that Congress must have
and has always exercised choice of in
|, strumentalities. 1t ignores the fact, also
that the duties of Government have beer
divided under our American system int
| those of federal and those of State, Ter
| ritorial, and even of county, parish, ant
municipal character. All these, takel
together, constitute the government %
which, and Of which only, the propos tiou
can truly be predicated, and unless W
t adopt the maxims of the old Federal par
Z ty which our fathers repudiated in l79s
!, 1879, and 1900. we must deny that th
! Government of the United States ca
f afford any protection, except in federa
c capacity, to property of any description
: all other duties of protection having bee
: wisely confided to State or Territoria
! aud, in some cases, to merely municipe
!. authorities la@vs-
e 1t is true. undoubtedly, that all form
e of property recognized by the laws of tn
y respective States composing our Confed
It Grafton. are entitled to equal regard b
s their common Federal agent; but to af6rl
l. that it shall, under the pretence of prt
q tecting right of property, usurp an
n power not clearly delegated by the State
}. in the terms of their compact with eac
It other, is to affirm doctrine fraught wit
b the most fatal consequences. The que
,r ton is not whether property in slaves, {
? any other form of property, shall be pr
N tected in the States, or in the Territorie
ss or elsewhere; the question is, by which
% the several divisions of government vii
t. US. and to what extent by each, this pr
le lection shall be afforded. It is CO..
it troversy, therefore, Involving the who
in ground of difference between the Dem
e. cratic party and the various parties
,r which, in the history of our country, Il
a. Democratic party has been opposed. II
IS first inclination of every Democrat shou
IN tie to resist, as far as he can lawfully, q
is exercise of any power by the FEEDER
he Government within the States, within t
I'd Territories, or anywhere else. until Gle
a. and definite delegation of such power
the several States, can be proven by t
language or necessary import of the Co
II stitution of the United States.
We have thus enGeavored to show yo
es fellow. citizens, that the conduct of
be Democratic party with reference to t
tt, subject of slavery, in the Territories, b
al been distinguished fog moderation,
er wise and wholesome craftsmanship, for !
i'd gard to the limited nature of the Fedel
al government, to the reserved rights of t
o. States and the people, to the peace, t
of welfare, the continual preservation of th
Vel Union which has made US miracle amo
N, the nations.