Des Arc citizen., 1860-08-08
MT. Douglas Views on the Terrl'ofiSi
 0uacfinD

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 Question.
 If the public do not understand MT Douglas views in regard to the question, of slavery in the Territories, the fault shall not be attributed 10 the AVALANCHE. we have thousand times attempted to ex- pose his yagaries on this question, ana since there is so much myslificatlon ana misunderstanding as to his real sentiments we shall again rostate them.
 In the Senate of the United States, Tn 1856, Judge Trumbul, in a speech suo- stantialIy, if not directly, put the lnterrog- atory to Judge Douglas, as to whether the people of Territory had the lawful pow CT to exclude slavery prior to the formation of Constitution. Judge Douglas then answered at a considerable length, and his answer will be found in the Congressao''aS Globe, under the date of June. 3, lSo6.
 Judge Douglas respondedT
 mMv answer is, that if the Constitution carries slavery 'here, let it go, and no power on. earth can take it away but if the Constl, tuition does not carry it there, no power put ahe people can carry it there."
 Tn his Reioinder to Judge Black. MT. Douglas says, referring to his Magazine article:
 {" In that article, without assailing any one, or impugning any mans motives, demon strated beyond the possibility or cavil or dis pute by any fair-minded man, that if the pro- position were true, as contended by MT. Buch- anan, that slavery exists in the Territories by virtue of the Constitution, the conclusion is inevitable and irresistible, that it is the lmper- ative duty of Congress to pass all laws neces- sary for it's protection !; that there is and can be no exception to the rule that right guar. antied by the Constitution must be protected by law in all cases where legislation is essen- tial to it's enjoyment; that all who conscien- tiously believe that slavery exists in the Ter ritories"-
 Again, referring to the power of the Territorial Legislature to exclude slavery, he said, in his speech in the Senate:
 "I believe the power existed others believ- ed otherwise we agreed to differ; we agreed to refer it to the judiciary; we agreed to abide by their decision"
 In the foregoing extracts Judge Douglas is certainly committed distinctly to the fol- lowing propositions;
 l. If the Constitution carries slavery in the Territories, no power on earth { (lnclud- ing, of course, the Territorial Legislature, can exclude 1t.
 3. If slavery exists in the Territories by virtue of the Constitution, it is the imper- ative duty of Congress to pass all laws ne- cessary for its protection.
 3. That he would abide the decision of the Supreme Court, and surrender the opinion that the Territorial Legislature could exclude slavery, if the Court so de- cided.
 The Supreme Court of the United States, in the case of Dred Scott, held
 "The powers over person and property over which we speak"-
 that is, the power of confscating the slaves of the citizens of the slave-holding States if they go into the Territories
 s3Are not only not granted to Congress, but are in express terms denied, and they are for bidden to exercise them And this pEnhihi- tion is not confined to the States, but the words are general, and extend to the whole Territo. " over which the Constitution gives it power to legislate, including those portions of it re. maining under Territorial Government, as wei as that covered by States. It is total absence of power every where within the dominion oi the United States, and places the citizens of { Territory, so far as these rights are concern. ed, on the same footing with the citizens oi the States, and guards them as firmly and plain ly against aLy inroads which the General Gov ernmenU might attempt under the plea of i'm piled or incidental powers, and if. Congress it. self cannot do this, if it is beyond the powep conferred on the Federal Governmental vii be admitted, we presume, that it could not au thorize Territorial Government to exercise them. It could confer no power on any loca Government established by it's authority tc violate the provisions of the CogSsftdtion."
 Congress cannot destroy the property O. a citizen in his slave in Territory. Con gress can commit to the people of Ter. rtory the power of government but in SC committing it, the court says they presume it will be admitted shat Congress canno authorize Territerial Government to ex. ercise the powers which Congress itself i. prohibited from exercising. / Again:
 "And if the Constitution recognizes the right of property of the master in a slave and makes no distinction between that descrip. tion of property and other property owned by citizen, no tribunal, acting under the au. thority of the United States''--
 And surely the Territorial Legislatures when organized, are acting under such authority-
 {" no tribunal, acting under the authority of the United States, whether it be Legislative Executive, or Judicial, has right to draw such distinction, or deny to it the benefit of the provisions and guarantees which have been provided for the protection of private proper ty against the encroachments of the Govern ment."
 The Supreme Court decides that slave does exist in the Territories by the authority of the Constitution. that nei- ther Congress nor the Territorial Legisla- ture can exclude 1t or deny it that provi- sion and guarantee provided for other spe- cies of property. Now, let us see wheth- CT MT. Douglas will agree to abide this decision, and stand to these propositions above given.
 In his Freeport speech, when asked his opinion on this subject, Judge Douglas said:
 '' The next question propounded to me by Mr. Lincoln is, can the people of Territory, in any lawful way; against the wishes of any citizen of the United States, exclude slavery from their limits prior to the formation of a Stat Consolidation ? I aneuar ar, nhat at;,onx,