Year: 1860

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