Year: 1859

The TerritOYfoS.


The New York Times has fuller synop-
sis of Reverdy Johnson's pamphletin favor
Of popular sovereignty than we have else
where seen. The whole pamphlet fills forty.
eight pages. We take the following ex-
tracts from the Tin,e,' synopsis:


"FVth-The fifth proposition is stated in
these words: The remaining and last ques-
ton propose to examine is: Can the Ter
ritorial government admit, protect or ex-
clude slavery at any time during its exist
ence? p The distinguished writer maintains
the affirmative of this proposition with great
ability. He says:


"'It would seem to be an anomaly in our
institutions if these powers do not exist
That slavery, an artificial instead of natu-
raj condition, should be beyond the reach
of human power, under any form of gov
ernment, and should be admitted, protected
or extended, in violation of the wishes of
the people with whom it is or is to be, and
in disregard of all branches Of the Govern
ment, and Of all general or local power, is a
doctrine so extraordinary that it almost de-
fes human judgment. No proof short of
demonstration can be given to bring such
judgment to satisfactory conclusion in its
support; and when we reflect on the length
Of time during which this state Of .hings is
to prevail, the doctrine becomes yet more
startling


after reviewing all the authorities on
this point, he arrives at the following con-
fusion:


Whatever, therefore, under this act, the
people Of State can do, the people Of a
Territory can do; the sole limitation upon
the authority Of either is declared to be in
the Constitution of the United States


"He next proceeds to instance the absurd
ity of Judge Blacks automatic principle of
public law, for the protection of slave prop
erty in the Territories under the laws of the
State from which they were removed, as
follows:


"'But if there can be no legislation by
the Territory, what law is to regulate the
rights and furnish the remedies? Are these
to be as various as the laws of the several
States from which the property was taken
Are the rights to sell and dispose of such or
n any other property to depend on such
avs? Then, an emigrant from one State
night sell each slave singly, while one from
lnother could not sell at all if the sale sep
,rated man and wife, parent and child. In
one case slaves would be liable to execution
for debt in the lifetime Of the owner, or to
sale at his death for payment of his debts,
or distribution, and in the other not In
one the children of the slaye-mother might
belong to her owner, in the other not In
,ne they might be free, in the other not
In one, trover might be the remedy, in the
,ther not. In one, resistance by the slave
t. the owner might be punished with death
in the other not. In one, the mode Of feed
tn :, working and clothing might be pre-
s.ribed, in the other not. In one, labor
might be presumptive evidence of slavery,
in the other not. In the one, slaves might
oe considered as real estate, and to be dis
posed Of during life or at death, in the 9TH
er not. And what is true as to this species
Of property is true of ALL


'Hc illustrates this position further by
reference to the laws of different States and
countries upon the subject Of Farming and
its Implements, its Cares and its Hire,
which are property in some places; by ref
.rcnce to poly gamy, where it's authorized by
law, and to lotteries. which are still lawful
in some States, and also by reference to
,nes which have recently been held by the
Courts to be property in New York, but not
in South Carolina.


1.-The distinguished Judge next proceeds
to show that Judge Black is mistaken in
supposing that private property could be
lawfully seized and taken without com.
pensation, where there is no constitutional
provision upon the subjcct-that the title
to property is found in the nature of socie-
~ and civil government'-that it existed
loc 1ksx
cites the opinion Of Chief Justice Marshall
in the case Of Fletcher and Prate, 6 Cranch)
md denies that there is word in Judge
Douglas Harper article, word fairly con-
sidered, tending toward different doctrine.