The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-04-04
Douglas and the Higher Law.

Lie IoAIoWHnS parassIapn ID cuPPeo Hon
Douglass Freeport speech during his late Sen
atorial canvass:
The next question propounded me by Mr.
Lincoln is, can the people of Territory, il
any lawful way, against the wishes of any
citizen of the United States, exclude slavery
from their limits prior to the formation Of {
State Constitution I answer emphatically
as Mr.. Lincoln has heard me answer hun
dred times from every stump in Illinois, that
in my opinion the people of Territory can
by kaaefA means, exclude slauery from hei'
limits prior to the formation Of a State Con.
stitution. Enthusiastic applause.) Mr.. Lin.
coin knew that had answered that question
over and over again. He heard me argue the
Nebraska bill on that principle all over the
State in 1854, in 1855 and in 1856, and he
has no excuse for pretending to be in doubt
as to my position on that question. Il mat
ters not in sohat fray the Supreme Court may
hereafter decide as to the abstract question,
aohettaer slavery may or may not go into Ter
r1tory under the Constitution, the people hare
the kasgfM means to intro1ace it or exclude at,
as they please, for the reason that slavery can
not exist day or an hour anywhere, unless it
is supported By local police regulatio9s-
! (Right, rightly Those police regulations can
only be established by the local Legislature;
and If the people are opposed to slavery, they
will elect Representatives to that body who
will, By unfrtendly legislation, effectually pre-
| vent the introduction of it into their midst
IL on the contrary, they are for it their legis-
lation will favor its extension Hence, no
matter what the decision of the Supreme
Court may be on that abstract question, still
| the right of the people to make slave Ter
ritory or a free Territory IS perfect and COM
plete Under the Nebraska biz hope Mr.. Lin
coin deems my answer satisfactory on that
point
This is the very essence of Squatter Sove-
reignty, or Higher Lawism," so much de-
nounced in the South
By the Kansas Nebraska bill which Judge
douglas wantonly misconstrues in the fore
going paragraphs, in his eagerness to promote
the objects of the anti-slavery organization,
the whole subject therein embraced was re-
mitted to the Judiciary, and the Supreme
Court has decided that neither Congress, nor
its subordinate, Territorial Legislature, have
have the power to exclude slavery, but are
bound to afford to that description of property,
as well as to all other kinds of property, ade-
quate protection. The language of the Court
is as follows: "The right of property in a
slave is distinctly and expressly affirmed in
the Constitution" "And if the Constitution
recognize the right of property of a master in
a slave and makes no distinction between that
description of property and any other owned
by citizen, neither Congress nor any tribun-
al acting under the authority of the United
States can make such distinction, or deny
to it the benefits of the provisions and guar
antees provided for the protection of private
property" &c.
Judge Douglas in the above extract and ir
his Harper expositions, asserts the absolute
right of Territorial Legislature to prohibit
slavery, and ayows his determination to sup
port no measure having for its object the pro-
lection of the owner of slave in the enjoy
ment of his constitutional rights in the Terri
tories. 1t is no matter that the Supreme
t~ --s----~% IA vrairit s'ssxGr5, Judge Douglas
says, 4f the people are opposed to slavery,
they will elect Representatives to that body |
who will, by unfriendly Legislation, effectually
prevent the introduction of it into their midst"
Why, what have the Abolitionist States ever
done except to pass laws "unfriendly" to |
slavery? Or will Mr.. Douglas pretend that |
the people of Territory have more power
than State
If the above extracts from Judge Douglass
speech mean anything, they mean this: That
the people of Territory may rightfulIy,
either directly or indirectly, nullify the Con-
stitution of the United States, law of Con-
gress, and the decision of the Supreme Court
which is nothing more nor less in theory,
and in practical effect, than the "higher law"
doctrine insisted upon by Northern Abolition
lists.
We want it distinctly understood that when
the National Democratic party endorses this
doctrine by nominating its peculiar champion
for the Presidency, it can no longer claim our
support. With this declaration of his views
and his obligations to the Democratic party
and to his own State, respectively, the writer
hereof was chosen as delegate to the Ma
tional Convention by an almost unanimous
vote of the Democratic State Convention of
mississippi. He will not permit his faith to
be dlmmed by equivocations and compromises
It Charleston, nor by pledges which will in
volve the dishonor of his own State.