Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-07-20
x.SsAs.S.pRAsxA nrlL.


neither Congress nor Territorial Legislature could pro-
hb slavery but were both entrusted with the power,
coupled with the duty of maintaining and protecting
that relation. To hArmonze in support Of the bill snch
various opiniOrs and thus unite the Democratic party
North and South upon fair and final basis OF action,
vas the task to which Stephen A Douglas addressed his
intellect and hs influence Democrats who believed that
Congress had power 70 prohibit slavery within the Ter
ores upon the hand or, upon the other, 10 main
tain slavery, agreed to delegate the entire exercise oil
such authority whatever is extent or nature might De
to the Territorial Legislatures the agents and subst-
Of Corgtes ios tina, purpose whilst those who De-
evrd that the Territorial Legislatures had inherent au-
thotity over the subct-kuthority not delegated oy
Congress, bGt arising nom right Of self government
concurred II soler1n declaration that the action OF
every Territorial Legislature should be subject 10 the
prohibOns h1 liiOr and principles expressed IN the
Constitution Of 10 U-itsd States.
Aud, in order 30 provide convenient method for
testing the CO s,tcousity Of any which Terrific
rial L ysature m ht adopt whether for the prohibition
or the maintenance Of slavery in any citizen should
feel aggeved o. such legislation the right to appeal to
the Supreme Court 81 the United States enlarged
by the 9Th and eth sections of the bill TO include AL
involving Gc 70 slaves decided by the supreme
court OF Territory without regard to the value OF the
matter property o. title in controversy, and also all
cases decided by the court last named BY any district
court of Territory any judge Of either OF the said
courts upon any writ OF habess corpus involving the
question OF personal freedom TIE plain object Of these
slavery within the Territories except the enforcement OF
he fugitive slave act from the Congress OF the United
states and thus locaze far possible every eontro-
versy to which that subject could give occasion. IT, as
in the OF kansas, Territorial Legislature should
exclude slavery or in the Of New Mexico, should
protect and maintain r. those who desired TO contes. the
authority OF the Legislature way oranoher, could
sort 70 the Of justice with their claims and by the
decision Of the highest appellate '1buna!-namely the
Supreme Court OF the United States-al such claims
IL m rom mr.
for Withdrawing the authority Of Congress- even admit
ting the existence of such authorty that slave labor
would seek only those regions where could be prots-
DIV Employed and wherever 1t could be 50 employed as
IN New Mexico Including Arizona Il would be sufficient
" protected bv local legislation. The result has shown
that slavery nov prevails almost exactly where it would
have been established If the Missouri compromise had
never been repealed but had been the South demand
ed from sSi6 to 1880 extended TO the Pacific ocean
that portC2 Of the Territory OF New Mexico north OF So
deg 80 min being equivalent for the arid regions OF
California south OF the sane line.
Practically, therefore, the whole dispute has been set
lied so that when Senator Brown Of Mississippi demand
ed At the session OF Congress just concluded, that the
laws of Kansas prohibiting slavery should be aunulled,
his demand was cnly seconded by Senator johnson OF
Arkansas and Senator Mallory OF Florida and upon the
other hand when the Black Republicans proposed bill
for abrogang the laws Of New Mexico in favor Of sa
yery all the Democratic Representatives in Congress,
South and North as well as all the Southern Opposition
members, agreed IN rtclctltH "
also thar by the assistance of Mr. Thayer Of Massichu
set and Others Of his party in the House, the Demo-
Gratis and Southern 0pposilionts enabled 10 defeat
number Of Territorial bills containing the Wimot Pro-
viso Il vas evident therefore, when natiOoal
yepton reasembled al Baltimore on the 18th Of June
that The wisdom Of the Democratic party in adberng to
The doctrine Of noHnteryenuon through every trial
and reverse, would sOon be rewarded by triumph no
cs signal than that which attended our opposition TO
bank of the United States aud devotion to the prin
H. II a. .-H.
nation Of al except three supporters OF tue Senatorial
caucus resolutions called, declaring that Congress
ought 70 intervene for the protection Of slave property
in the Territories when ssry, the express abo
ton Of slavery in Kansas by territorial act did not con-
sute case OF necessity for such Intervention, what pos
sbls case ever could arises
No Democrat Nl deny the obligation of the Federal
Government 70 suppress instructions within Territory
and 10 enforce, as against Territorial enactmentS,
final Judgment Of the Supreme Court Of the United States
Nor can i. be denied that Congress may in certain
IRENE cases beyond the power Of redress by judicial in
terposon revoke amend charter OF Territorial or
ganizaon For what useful purpose, then, was the ag
cation of so dangerous question renewed by President
Buchanan Ia his last annual message or iuamed by the
rsouous Of Senatorial caucus and finally thrust upon
the Democratic National Convention at Charles.ong
EXCUSES F0E Altering THE CINCINNATI PLArYOaN.
Il is said in excuse that the principles enuneiaed by
tie supreme Court OF the United States, in the case OF
DEED Sott led the conclusion that Territorial Legs
fure has more authority over the sut1cCt OF slavery
than Coaste-s and ha' Congress, equally With the Ter
ritoriL Legislatures is under obligations protect
well the possession the title OF slave property in the
Territories We 90 no. now intend TO debate this aSser-
t5n one way or auother Il is admitted universally, that
no such question was presented by the record OF bred
SCOTS case nor argued by counsel at the bar; and what
ever the conclusion which any Democrat might arrive
uDou reading the opinions igered by the several judges,
ta conclusion caunO; DO clear OF doubt to warrant
him Ia censuring those whO with equal desire to
certain the truth have attained another conclusion.
We must al agree that Il the Supreme Court did not
Intend 10 decide that question: Cas many belieye 1t
would De an act o: bad tth, violation Of the very
rms OF the Kalsas-Nebraska bill, 70 comm the Demo-
cratic party, sI.0uIl crgeai=IiioI 70 either side;
whereas II the Court did intend nothing is more GER
tain than that whenever the question shall distinctly
arise and DC ry argued the court will express its de-
termination in language plain as oecmmaud univer-
al aequiescence The judgment of the Supreme Court
in bred Scots ease, hiss been carried into full execution;
aud whatever Judgment may hereafter pronounce in
se depending on the validity nyalidy of Territorial
enactmeuis must be and will be executed with equal
Alcrty aud confidence But evidently, uGti some Ter
fiora Legislature shall By It's caaetments have impair
ed the rglt Of property in slaves there can be no use
in agiang such questions; and IT, rs the authors CT the
Senatorial caucus resolutions have declared by their
votes the case Of Kansas be not proper for Con-
yre.sicna Intervention II is difficult imagine any
o.her in which a necessity for such Intervention will
arise.
Iii said howeyer, that the Democratic party thus
occupies an equiyocal position ard that the Cincinnati
platform is reI dercd susceptible OF two interpretations
This pretext i merely plausible The platform has
double meali1g and but sensible Interpretation IL
declares against Congressional Intervention plainly
openly anu unequiyoeay bu. refers the question Of
what DOSer-f anya Territorial legislature can exer-
else for the prohibition or the maintenance OF slavery
As Territorial institution the adjudication OF the So
pTcme Court Of the United States Democrats may differ
Is to what the Court should will decide; but they
have stnu ated whatever the decision may be- TO carry
that decision into eject
Il lss been argued, also, inasmuch one duty Of
government is the protection Of property in for
the allegiance OF It's snbects that the Federal Govern
ment cannot abdcate authority with respect 10 the Ter
ritores but should constantly exercise power of in
mediae legislation for the protection Of property well
as persons within them. THIS proposition also, is mere
" plausible. Il ignores the fact that Congress must have
and has always exercised choice OF insirumenalitics-
Il ignores the fact Also that the duties Of Government
have been divided under American system into those
Of federal and those Of State Territorial aud Of
cOuuty parish and municipal character. All these taken
together constitute the government Of which, and Of
which only the propositions truly be predica'ed and
unless We adopt the maxms Of the old Federal party
which our fathers Regulated in 1898, 1892 and 1900
We must deny thai the Government Of the United States
can afford any protection except in federal capacity
property Of any description; all other duties OF pro-
lection having been wisely confded to State or Terrific
rial and in some cases, to merely municipal authori-
lis true undoubtedly that all forms Of property re-
coguized by the laws the respective States composing
Confederation entitled equal regard by their
common Federal agent but to affirm that SHALL under
the pseence of protecting right OF property, usurp any
power clearly delegated by the States in the terms
Of their compact with each other is to affirm doctrine
augh with the most fatal consequences The question
Is not whether property in slaves any other form Of
property shall be protected in the States in the terri
i h. aft has