Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-02-09

well understood that stakeholder has
not the least shadow Of right TO take
his slave property into the Territory,
before such positive legislation has
been had. This definition would have
at least the merit of logical consisten-
cy.
But what does Mr.. Douglas say?
Slavery" so he tells us in his Harper
Magazine article. slavery being the
creature of local legislation and not of
the Constitution of the United States,
it follows that the constitution does
not establish slavery in the territories.
beyond the power of the people TO
control it by law" What? The
constitution does not establish slavery
in the territories beyond certain
something! What does that mean?
If slavery is the creature of local law,
how can the Constitution by its own
force permit slavery to go into
territory at all?
Here is dark mystery. a pitfall,
and we may we'll take care not to fall
into the trap of some sophistry. Why
does he not speak of the admission OF
slavery by positive enactments? Why
not even of the power Of the people to
exclude it by law? We look in vain
or light in Harper's Magazine-(and
is it indeed true. what Judge Black
intimates, that the article is one of the
obscurest documents by which ever a
politician attempted to befog his
followers: but we may gather Mr..
Douglass real opinion from another
manifesto preceding this. In his New
Orleans speech. delivered after his
recent success in Illinois, no defined
his position in substance as follows:
"The democracy of Illinois hold that
STAKEHOLDER has the same right to
take his slave property into territory
as any other man has to take his horse
or his merchandise"
What? Slavery is the creature Of
local law, and vet a slsveholder has
the right to take his slave property
into a territory before any local law
has given him that right? A slave
does not become free, when voluntarily
brough. by his owner upon the soil of
a territory, where no positive local law
establishing slavery exists. How is
J this possible? How can even the
elastic mind of Democratic candidate
for the presidency unite these con-
Trajectory assumptions? (Applause.
/ And yet there it stands. and nothing
that Mr.. Douglas ever said cai be more
unequivocal in its meaning. And here
again we may claim the privilege OF
drawing a few logical deductions from
Mr.. Douglass own premises. If. as
Mr.. Douglas distinctly and emphati-
cally tells us, stakeholder has right
to take his slave as property into q
Territory and to hold him there as
property. before any legislation on that
point is had, from what source does
/. that right arise? Not from the law Of
nature-for the right to hold slave
, is "unfounded in the law of nature and
| in the unwritten and common law
g and even Mr.. Douglas, little as he may
r care about nature and her laws, will
: hardly dare to assert that the system
: of slave labor is the natural ans
| normal condition of society. 1t mus
y then spring from positive law. Bu
e from what kind of positive law? No
e from any positive law of local an
l municipal character. for there is non
o such in the territory SO far. Wher
is its source then? There is but on
n kind of positive law to which tn
e territories are subject, before any locs
: legislation is had, and that is the Con
q stitution of the United States. j
O. therefore, Mr.. Douglas asserts, as b
~ does, that a STAKEHOLDER has q right (
,e take his slave as property into terr
Il tory, he must at the same time adm
,e that, in the absence of local legislstio
>. positively establishing slavery. ii
"a Constitution of the United States, Il
~ only valid law existing there, must
or the source of that right. What ell
of does Mr.. Buchanan assert, but tn
IN slavery exists In the territories
NJ virtue Of the federal constitution
al Where is. then, the point of differen
le between Mr.. Buchanan and Mr.. Dou,
m las? Why all this pomp and circur
r. stances Of glorious war? When
these fierce battles between the Mo
at techi and Capuletti Of the democrat
he camp? Are We not brothers?
d. But Mr.. Douglas is a statesma
n SO they are all. all statesmen, a
&C. pretends that the constitution does n
re. establish slavery in the territori,
o. beyond the power of the people
g control it by law" What does ii