The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-10-09

much obligation on the part of the Territorial
Legislature to protect slaves, az every Other
species of property rs there is to protect horses
cattle, dry goods and liquors"
And mark well, Judge Douglas new.
er forgets the liquors! There is Doug
las, the candidate for tine Senatorship OF
Illinois, who does not care what way the
Supreme Court may decide and here
is Douglas the candidate for the Presi-
dency, who declares the decision of the
Supreme Court to be the authorative in
terpretation Of the Constitution.
What then did the Supreme Court in
the Dred Scott case decide Let me
quote from Howard s official report some
Of the points laid down in that case
Every citizen has right to take with him
into the Territory any article of property which
the Constitution of the U. 5. recognizes as prop
erty."
" The Constitution of the L S. recognizes
slaves as property, and pledges the Federal
Government to defend it,
That act of Congress, therefore prohibiting
a citizen of the U. 5. taking with him his slaves
when he removes into the Territory in question
to reside, is an act OF authority over the private
property which is not warranted by the Con
stitution.''
While it remains Territory. Congress may
legsate over it within the scope of its constitll-
tional powers in relation to citizens of the U
s., and may establish a Territorial Govern
ment, and the form of the local government
must be regulated by the direc ton of Congress
but with powers not exceeding those which
Congress itself, by the Constitution, is author
lied to exercise over the citizens Of the L S in
respect to the rights of property"
If this needs any illustration | may
furnish it by quoting few more sentcn-
ces from the decision
No word can be found in the Constitution
which gives Congress power over slave property
or entities property of that kind to less protec-
ton than property of any other description ;
only the po,oer conferred is The po,cer coupled ,cih
the duty OF guarding and projecting the o,cner in
his rigats.'
This, then, is what Douglas calls the
authoritative interpretation of the Con-
stitution, and he we'll understands what
it means; for did he not say that there
is just as much obligation on the part of
the Territorial Legislature to protect
property in slaves as there is to project
any other species of property Well,
but what becomes Of his great principle
of Popular Sovereignty? What be-
comes even of that homeopathic diution
called unfriendly Legislation Congress
can, according to the Dred Scott deci-
sion, which Douglas acknowledges to be
. the authoritative Interpretation OF the
Constitution" confer no power which
itself does not possess. The only power
1t possesses in regard to slave property is
the power of guarding and protecting
the owner in his rights, and that power
is coupled with the duty to do so. Hence
the only power Congress can confer up,
on the Territorial Government, in rela-
ton to slave property, is the power coup
led with the duty Of guarding and pro-
tecting the owner in his rights.
Thus we are obliged to lower the stand
ard of Popular Sovereignty still another
degree, in order TO reach Douglass great
principle. 1t does not even consist in
the right eff the people TO tease Slavery
out OF Territory it consists in the
power of Territorial Legislature. coup
led with the duty to pass acts for the
protection of slavery, but by no means
against it. The assumed power TO pass
laws seems to be changed in
TO the duty to pass friendly laws | call
this Popular Sovereignty with venge-
ance Ii is like mock turtle soup-there
Is soup enough, but hot a particle Of
turtle
1t is true Judge Douglas was in the
habit OF quibbling liule about the
meaning of the bred Scott decision and
the Wickhtie resolution adopted by his
friends at Baltimore has helped him over
his difficulties, Ii is t. The following ef-
ect
Rssolrei, That it is in accordance with the
true interpretation OF the Cincinnati platform
that. during the existence of Territorial GOV
ernment, the measure Of restriction whateycri il
may be, imposed by the Federal Constitution
On the powers of the Territorial Legislatures
over the subject 81 domestic relation, as thc same
has beea or may hereafter be fuGRg determined 6y
Ne Sapreme Court Of the United Mates. shall be
respected by good citizens aud enforced iciia
orompfaess and 6deiRy by every branch Of the
Federal Government
10 all of which Judge Douglas, in his
letter OF acceptance, most graciously as
sents.
We hear no longer Of the rights Of
the people OF the Territories TO form and
regulate their domestic institutions in
their own way" but now, "of the meas.
ure OF restrictions imposed upon the
Territorial Legislatures over the subject
pt domestic relations. The change is
very significant whatever these restric
lions, they are or may hereafter BE-, final.
" determined By the Supreme Court of
lie Unlted States. Let me remind you
.hat previous 10 the election OF Mr.. Bu.
;hanan, whenever the question WAS put
y Io The right Of property in slaves uu
Ter the new Territorial Government.
Judge Douglas' regular reply was "that
IS question Tor Congress TO decide 49,
That answer Was the forerunner of the
bred Scott decision We are now told
AS shall hereafter be finally determined
oy the Supreme Court OF the unued
states" What will follow ? The re-
'ttictlou, already finally determined. we
,noM . Il is, that Government cannot I'M
par the right OF property IN slaves but
las tho power, coupled with the duy, to
protect and guard the owner ia his rights
.