, 1860-06-04
39xsa 4 Ctihtttte,


AruNDAmENTAL ERROR
The owner Of whatever is property py the
Law Of Nature or tho common LAW. II eo1'1leo
to protection wherever he may take It; ana
thns protection is asoo:ded, even 10 aliens anu
strangers, in all civilized countrles- Were IT
10 be denied in my instance, the government
claiming the allegiance Of the injured party
would enforce his rights il necessary with al
i!s civil and military power: Any man may
60 into Canada, for example, taking with him
such things a. are recognized Al property, as'
.ured that any infringement upon his rights
Of possession would b. protected by that gov
ernucnt or if not that his own government
would at o2cs espouse his cause and enforce
his rights. It ia a fundamental error of the
Democratic party, to predicate Of property in
slaves all that is claimed for other kinds ol
property. II. Canada there arc thousands OF
fugitive slavsa. Who thinks Of 1ec1almlng
them by application to the Cannaian authors
ties? Who thinks Of asking tho Intervention
OF the United States Government for their re.
capture7 Aua yct If s'avcs are property in
the sense that horses, machinery, merchandise
mud money are property, who does not see
tha. our COVE rnmsnt would be unworthy fhe
uans, if it did not secure to The slaveholdsr
tho right to recover his property even in Can"
ada?
xlayes are property By virtue Of lscal law.
In Missouri, for example, every person with
African blood i'll lis veins is presumed to be
property, aad the laws Of Missouri will pro
tee. the right Of the owner in such property.
But in Illinois the law does not recognize pro-
rertv in man, and alould claim Of that char
ac.er 10 sc. up it could not be enforced BY any
Law Of tue State. 4 Missourian, however,
who should find his property Of any other
description in Illinois, would have no difficult
tt in securing it through the Intervention Of
the local 1aw. 1t is in consequence Of this
distinction TINT fugitive slave law is neeeE-
sary, and that provision for such Law was
incorporated into the Constitution No state
in tho Union ever thought of asking for q
fugitive horss law, or fugitive OF Law. The
idea Of sueh law is absurd. Horses and
oxen are property ty universal consent--ase
everywhere regarded as property, snd whoever
establishes his claim tdxuch''property, whether
in lis own or another State, will find the local
law and tho local courts ready to maintain and
enforce Ills rights. Everybody recognizes this
distinction. The whole o. our national legisla-
ton on the su"ject Of slavery is predicated
upon it. The fact that the Intervention OF tho
Suprcne Court has been sought to establish
tho right Of taking slaves into the Territories
proves the same thing, So also does the claim
recently set up that the South has the right to
Congressional Slave Code, 70 project slave
property in the Territories. If slaves were
property ''y the universal consent Of mankind,
OF by the Federal Constitution OF tho common
1aw, there never would have baen my occasion
Cor TIC Dred Scott dicn or for Congress.
sioual Slave Code. It is because there is q
distinction, bread and deep and universal. be-
tween property in man md properly in other
things, TINT this slavery question 81 affects
the people OF our country and Of the whole
civilized world.
Now it was for the express purpose Of cover
inE up tn distinction; ;and Of forcing out of the
popular mind and heart Of tho country the
ideas which necessarily spring from it, that
the dogma Of popular sovereignty was invent
ed, Aside from tho question Of slavery OF
freedom in the Territories, the phrase has no
force or meaning: It is perhaps the mort re-
markable instance on.recurd Of au attempt to
st:le 4 universal instinct Of humanity by q
sounding generality. In its correct sense,
every body is in fayor Of popular sovereignty
But who That has any lingering love Of liberty
within his bosom, is in favor Of that kind Of
popular sovereignty, lie sole object Of which
Is to break down the broad and well-defincd
distinction in TIE human mind between prop
erty in man and property in horses, houses,
and lands-thrt puts humanity upon level
witl dumb beasts and inauim1te possessions? :?
1t is time that every honest mau in the
frae States had looked this infamous tal]acy
-,,,aa p,nu,,r sov.,.;cntv son,,a,r in tho
1870 n,.;.,t - r. - ,,-,v and n-oteet .,or.,1
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