, 1860-11-16
Mox1rcELLo, W. T., Nov. I2, 1860.

MoNIICELLo, w. T., Nov. II, 1860.
Editor PioRe5r om Democrat:
DEAR SIR-Agreeable to my promise to
inform you Of the result of the debate men
toned in my last, and such other items as
may suggest themselves to me, take pen
in hand.
The evening Of the 10th having arrived
the leading disputant, J. B. LADU, opened
the debate by first stating the rules by
which Mr.. ROE and himself had agreed to
be governed, LADU to open and Roe to
close, each baving two rounds" LADU
then stated the points of his arguments
stating also the authorities he should quote,
reading from the Constitution aud from the
" Dred Scott decision" assuming the posi-
tion assumed by that portion Of the Dem
ocracy who acknowledge the leadership Of
Breckenridge and Lane. Mr. Roe took
the position that it could not exist without
local law, or, more properly speaking, "lo-
cal police regulations" and quotes as Gu-
shorty the opinions of Chief Justice Holt
and Mansfield, of the Kings Bench, to show
that in the absence of statutory law it
comes under the common law, and by the
common law persons could not be held in
bondage; unfortunately for his argument
he also quotes Yorkes opinion, also Chief
Justice OF the Kings Bench. which is in di-
rect opposition TO Holt and Mansfeld's,
aud more than that is sustained by practice
and popular opinion. lie also quoted from
the provinciaIlaws of South Carolina, Vir-
ginia and Maryland, showing that at the
time of the Revolution, Slavery was sup
ported by positive enactmentS, refers also
to the Constitution Of Massachusetts aud
New Hampshire, declaring "ull men to be
born free and equal" held by the Supreme
Court to emancipate all slaves from the date
of it's adoption, closes first round by asking
the question, :" If the Constitution takes
Slavery into the Territories, how, when it
becomes State, can it rid itself of it ?'
LaDu, in his second "round" first denies
statement of Roe, that Slavery exists iu
Southern States by virtue Of statutory law,
quoting from speech of Senator Mason, Of
Virginin, appendix to Con. Globe, and as
sumes first that,saves are property, Henry
Clay's speech in Senate Feb I, lS39.) I'd.
Territories common property, (Dred Scott
decision, page 450 81. Sovereignty Of
territories vested in Congress, (speech Of
Henry Clay on Missouri Compromise. y
4th No sovereignty in territories from
the fact that they have no voice in the al
teration Of the Constitution, (speech Of
Humphrey Marshall July 7th, 1860, giving
opinion of Daniel WebSter.) Also brings
forward the Constitutions Of the several
States showing that Legislators have deem
ed it necessary to insert clause therein de-
claring that Slavery shall not exist after a
certain period, thereby showing if it could
not exist without positive law it would only
be necessary to repeal the laws protecting
it; also, cites opinion of Lord Stowell as
communicated to Judge Story in regard to
Slave Grace.
Roe, in closing, first attempts to bolster
his authority, HIldreths History of the
United States; gives Webster's definition
Of Common Law Opinions Of Judge Mans
field, of Kings Bench, Mansfeld's decision
liberated the slaves of England. Reviews
Dred Scott decision. Had the same queS-
ton been raised while Jay was Chief JUS
tice it would have been decided in accord
ance with the Republican view Of the case.
Marshall also would have decided accord.
ing to Lord MansfelL's decision. bred
Scott decision subject to change, in pOliti-
cal changes. Question submitted. Decided
that even allowing the statement to be true
that in the absence Of statutory law appeal
must be had to common law, held that En-
glish Commons Law is not to be used, but
the Constitution is the common law Of the
United States. Question decided in the
affirmative. do not Of course give you
any conception of the eloquence displayed
upon the occasion, and have also left it in
some instances to the reader TO imagine the
purpose for which certain arguments were
brought. There was a very good number
in attendance who listened patiently to the
discussion Of the question from about SIX
o'clock until half-past eleven.
No clue has yet been. obtained to lead to
the discovery of the stolen goods, and am
afraid will not be- Considerable sPecuIa'
tioa prevails in regard to the result Of the
election in Oregon, aud the Breckcnridgers
are quite sauguine of carrying the State by
a small majority. But have spun this
letter to a greater length than | intended,
and will therefore close by suggesting if il
is too long, or otherwise faulty, to throw it
into the stovy. Yours, &c,
ORION.