■ f yr. '■:?OB,NtiV, : y ! .
'\ n ,
1-os' V
jtTJ -{O' ,
1 P4H,Y.pnESS, i -
Titian.
4 SuWcnborsopVof tiieOitr'*t Su piiAisif
»«K Kjomx Months;
lu&d-v»009
v»009 for »h» iimo oiilorud, ' > ■ ■ :'
g.Ji? ; .... •/ ’;;'
. Msiled lomburitan out of th« Gitr otTmuußoiv
IJuupikjufiißjriin kdnsn'M. >- - .'.' . ;
„ u GAS PIXTUBES. Ac,
■^iJiLApEr^iiiA
>; Works.
'**i..: v.-V'.-d -' '• o ia -
,Jk V/WAfIUtXJt,- W,:». MISKRy. -v W. O. B. MXRSItZ,,
UAHOFAOTyRfiRS,
store, Jojia cammat. street,
PHILADELPHIA.,
; &: :'cenj
Ji», aid Jrrojd way, mew: yobSc,
.\foohl respeoUally Inform the poblio that thej oonti-
nue to manufacture ell kinds,of
«A3FJX'rUfiEB (
GIRANDOLEB,
;Andthatth«ir taros and varied stook, comprises the
• simplest'as trail as the most elaborate patterns, design
ed by;tfa«ir French artists, They &Jso continue to keep
.altheirstote. ; „ - * - 1
ii- Wo. m BRQADWAY,
c alarge and full assortment of their manfactured goods.
• Dealer* and others ara invited to call and examine.
-nS-m '‘ • •.. • *...«, , <
CARPETINGS* -Oils CLOTHS, Ac.
FALL’S IMPORTATION • j
•• > • ■ . ■•; ' 'Ol . I
’a' R J? J 3 T ; l^N;;Q : ,s{
... TO BE CLOSED OOT AT ; j
REDtJOED PRICES; !
= BAIEY & BROTHER, !
f »20 CHESTNUT STREET,- '. j
1 Will this day rrduce tlia rricß of the entire balance ef
■'their etoelt of - . !
•’ CKOSSLEY’SI” - . -j ;
' “DICKSON’S,” i.
' - • ' "HENDERSON’S”
. . Xni ! iothet-niakera of VELVET, TAPESTRY. Md
’. BRUftSEIXCARPETINGS,,in order to doM tiii> ts»-
' Km’eiiDlxirlalihn. tfe have iilio On hand awludidaa
aortmantpfSurer,THßEE-PLY add INORALN BED
ROpIACARraTS.RMeh iiall foir. a» tf ..
"■ £J ARP BIN OTI OS. , \ j
\^r®A3^'> : : '
'{; . H0.,'9*0 OHESTinJT STREBT,
-’iij, :: wim. this day i
;/ as h o or; thepa i o s j
" t : X ; Of.their, entire Stock of 1
MOROSSIiE Y’S” BBtl S S B L:S
T-RIB S' , ;
to" ' !■ -
c4h^^bmi&iH)iifcAß' v A- : yard;
. 1 ?/-”-■ "/OiV 1 ' vS'ti;
■'l it; Jmfltulffiir|4lthe : b^..^r &&&£*&» a .>a .*iC 4 -s
1-N
‘{W T- i*' - K t- -I 1 i‘ 'V ' - '!■ ■ fiS
:- 'V. FAJPER HANGINGS, Ac. I .
qpO CLOSE business;
’We offar from now to the end of tho year our .LARGE
STOCK OF -
;.?PA®ER';HAN ; GINGd
, >/;AT GRKATIiY REDUCED BATHS.
Pereous wanting their Houses Tapered, oan set treat
'JJ’SAMAINS ’ T
'• - Ry,calling early on 1
HART, MONTGOMERY, k CO., j
’ ’’ 'nl7-tf NO.'39BCHESTNUT BTREET.
CHINA AND OirfiENse’AßE.
GKANITE AND CHINA j
; ; VINtfER SET.% TOILET SETS, \
PBESSED QLABB QOBIJBTB, TUMBLBRB, Ao.,
AT LOW .PRICES.
WEIGHT, SMITH * dO.,
NO. S NOETH FIFTH ST.
oIS-*frrilf
; 5 ' XABIfiET WAHE.
; If OGUXET & HUI?TON>
..
—DBS K S -i
; .'akd. o* bi hrt >urnitu.r ! is
■’ i*r ’H0.469 SOUTH THIRD STREET. - • :
Baofcand School Furniture, Extettei on Table*,
}■ Jgok»M»»7WardrQ^».»to.,. -- , . ~<, *-8m
'::*4sAmMT jjo» buxiard
i ; r'v.
WteOOBkW GAMPION,
* s ' booth second street, /
~.'T m ©cmnwtioo with their extensive Cabinet BtieinMe, are
: r I(3K^JvW£ h cljßHs6NB,'
v r Jiwfih m*.*nmou&oea by aU -who have need them to be
t: ' T / aS finiihof tbeeo'Toblee theroanv
v ■ ttctarir* refer to th«r uumerow eatrous tornasnoot the
> :-uaxottf Vho are laminar erith toe character, of their
; % -Wqrlh - - ~ .JflMm,.
DRUGS, CHEMICALS, &c.
j-' IJWW wn*ws :;** :
':/ , do.j
1 t i 'K°RIfHISkBT CORNER •
'■ ;A' WDBTH AND BACK BTBBKTO,
: WHpLfi.SA’IiK DBOGGISTS,
' - IraaGrterttmd WIN DOW GL ABB, PAINTS,
As,, invite the »tt«iuioo or
: goijntry meßohants
!, To ttieirTvi« »(oo)[ Of OcxKii.whloh thei offer M th»
toyiMd-!B*riwtr*tW>/: \~‘l '•,’. ' ~'. w»-tf
LOOKING-GLASSES.
. ;|jPoiaNo QMBSSB; \!
- Noiir )««»<»* lid.«K*t ud «l*ul M»ft
■’ '• l -,‘' , -'‘' / : -
r/'l'hooiftfne ei,4Bo?sr, -. | ../
■ Wm«rT »sMe uwl *rttj ikwition, a&d'AVHM mutt
; :^ ,^, fexXK)KlNd-(^I,A8 g B 8 ;:V . ''} • <:
*-V; ;-i' MWKIHB OiABS&S '• , ,■ ■
•. v TnUaidlatlw.bart.tMl.,mil la th, moat MtwtutUl
f«roß»wilWM.M.mM^wtuwillirOHfwiT.. law
<4, Aadi VAI,r(UT ft»mM lot M
! : a 'nos, , ■ i'';
■'' •;; i* a vi. ea t irm.s *p bbk t j ■ ■
A" • '.*»*•'*« Kirtr V«*w> FHILAPSkPHU.
it r i i i ■■. ■ .■
.: n P H OTIC 0 0 A liO It 11l KS,
['l\TfsW9 "®iiUßikHJATißii.oojaloyi'-./.
<^., '-'* / MMwf>etar>d>adfor»4toW i •
;! ’4^i^^»»7HoAM'W : i4Aaist stribr,
l, ’o' i ’- :<; - ,i ''' , ' :l "
ji.jySv^afeafe-iwiiDßD AV.i- ' i,f'
>«>. VrHA*P BCHUYt;
ti, w.-j-■£«:'; •••/
«EKKB9r.'.> •; K i
mK&t-
YOL. 3.—NO. 93.
2'wiss:l,er&fiorileo.
Have for e&le a Urge enpply of
a A V A N A ; B R A N ,D.S
TOBACCO, SNUFF, PIPES, &o.
GERMAN SMOKING TOBACCO, AND CIOAHB.
0c34-3m , • •• * , t ' * ;
MERIK O. ’ :
: m BOOTH >KONX BIIUCBZ,
• -Hsa in (tore end bond>an!t - i
’Ofiiiif'ftirY^'a'Larfo'Aeioihojent'ef' . , [
‘ 1 '.Old ARS, . ,; . '
Received diieet from an.il fivojrEl
Brandj.
'iAIrE’THE' BEST-BRANDS, 'AT LOW
-fB. prino a, .T. FLAHERTY! Whofler of Oiaatei
Stmt, adjototni Girard Kouee. f
WATCHES, JKWELItY, Ac.
gliiV E.R WARE.
WM. WILSON & SON
InHte - epeol&J attention to their atook of SU/VE
WARBiWlubh u novr nnutuallf Target affording a va
rietr hf pattern and design unrarpaseed by anr hdase
the l/nlted states, and bf finer duality than is manoW
tored for table use in any part vf tbh world.
BRONZES, Ac.,' Ac;
'Oar Standard ;of -Silver is 935-1000 parts pure
Ikb gtorling. 025-1000 • “
Akerfcaiiand Fren0h.......900-1000 «,
■ Thus It Will be seen that we give thirty-five parts purer
thah the American and Frenoh couzi and ten parts purer
thanthe English Sterling., We melt all our own Silver*
and our Foremanbolng oonueotdd with the Aofimng De
partment of thel/nitedfitate* Mint for several years, we
guarantee the quality as above (ftU), which is the fintst
that cam hi made to bi lervicenble, aud will resist the
notion of, aoids much better,than, the ordinary Silver
mMeu/aetufid, i
b.Wi ooMraaVtoTH and dinsKRY bib.|
If. Br-AnJ fidsness of Silver manufactured as agreed
upon', blit poeiiivily no*e inferior to fYench and Ameri *
.canttfindard^l- , » , - . -
Dealers supplied with the same standard as need in
xmr reUil dej^ime^k
Fine fiilrtf ' ; !h&rs; 10-1000 parts pure, eonstautlr on
‘ •’ •• p* > au34-Sm
IS. JARDJEN A BKO., ,
iF .MANIIFAOTDRBRS AND, IMPORTERS OF
SILVER-PLATED WARE
He,AM CHESTNUT Street, above Third, (up stairs,,
* - . Philadelphia*
flihling aad p(atlng os all kinds of metal. eet-ly
HARDWARE PACKAGE HOUSES.
JJANDY & BRENNER.
NOS, S 3, S 5, AND *T NORTH FIFTH STREET
' PHILADELPHIA,
WHOLESALE COMMISSION MERCHANTS,
AM£RICAM MAKCFAOTURFD HARDWARE*
GERMAN, BELGIAN, FRENCH, AND ENGLISH
HARDWARE AND CUTLERY,
.CeenoenetanMron hutd.Urge .took of Good, to cup
, . ■ t ■ »1, Unrdwus Denier..
BUTCHER’S TILES,
'.By the each or dthervrlu. ,
BOTCHER’S EDGE TOOLS, , '
' . : BUTCHER’S STEEL OF-VARIOUS KINDS.
WRIGHT’S PATENT ANVILS AND VIOBS,
HA RP’S R E PEATB R PISTOL,
r -; .4.- i. .WEIGHING ONLYAH t)UNCEa~ ‘ i -
SHARP’S NEW' MODEL RIFLES AND PlBTo|s,
xpwaSd f. uansT* mo*«e'BVjr!tnßß* o,?. B&Bitifhx*
«w»-tf
PACKAGE HARDWARE HOUSE.—Wo
would respeotfiiUy call the Attention of theGeno
ral Hardware. Trade to our extensive Stock of BIR
MINGHAM HARDWARE, which we offer at a small
advance by the package.
.Order* for direct importation solicited, and Good* de
livered either m urn city, New York, or New Orleans,
7 W. G. LfeWIF & Son,
W COMMERCE Street.
' . . . . . (mporMof and Conuntuiou Merohaati,
, And Axent* for Foreign and Domestic Hardware.
", ~* auJB-tf
HOUSE-VURNISHING GOODS.
QOODS FOR THE SEASON.
BRONZED FENDERS AND IRONS,
STEEL FIRE SJiTS, FOOT WARMERS,
BLOWER STANDS,.PLATE WARMERS, HOT
WATER DISiIES, Ac., &c„
. XT TUB , •
' . HOUSE-FURNISHINa STORES,
NOS, 622 AND 1326 CHESTNUT 6TEEET.
JKQ. a; muephey & GO,
olg-wfmtf - . -
“lIOTERS AND RESTAURANTS.
Briggs house. .
Corner RANDOLPH and WELLS Street*,.
WM.F. TUCKER k 00., Proprietor*.
TMUBBAY HOUSE, . .
"A, , . • . , NEWARK, OHIO,
. Js the largest and beat arranged Hotel in centra Onto,
is centrally located and is easy of access from all the
routes of travel. Itoontalnsall the modern improve
ments,and ever/ convenience for the comfort and ao
opmmodatioa of the travelling public. The Sleeping
Rooms are large and veil ventilated. The Suites ol
Rooms are yell arranged and carefully furnished for
families and targe travelling parties; ana the House will
U taitu Afir.tolu.
.uU,Sat Proprietor*.
HPHB UNION,
* arch street, above third,.,
UPTON 8. N*;w£oMKlt? iSI ' U ‘
The situation of thm IIOTEL |s superiorly adapted to
the wants ofthe Duamess Public} andto those in search
of pleasure, Passenger Railroads, which now run past,
and in close proximity, afford a cheap and pleasant ride
to all places of Interest iu or about the oitr. J j 23-dm
(V|EB. WINSLOW,
lU an experienced nurse and female
Physician, presents to the attention of mothers her
, SOOTHINO SYEUP
POE CHILDREN TEETHING,
which greatly facilitates the processor teething, by soft
ening the runts, reducing all .inflammation; will allay
Depend, upon its mothers, itwill give rest to yourselves
AND HEALTH TO YOUR INFANTS,
we have pqUp and eoldi * this article for over ten
rears, and can'Ey, in ©on w (idonceand truth of it,
Whrtyetavripyet geen K aide Jo say of.any other
&
ttineljnswu Never did bu we know, an instance of
tattusnution to any one Jv who used it. On the eon*
trary, all are' delighted W with its operations, .and
iMaktatermspr highes) ooinmendation of its mnjTj
•m enbcUanamedical vjr © tues. .We speak in this
oatler 'what ye do fc know,” *after ten yews*
experience,and pledge onr r* reputation for the fulfil
fiaentof what,we herederj elate* M almost every
instance where the infant W is suriennr from pain and
fcawnawiK §
PfDßSEßinNawynglttjid 71 and hoe been used with
eever-feilinjyeuQoessinW
It not' only W ?lsl?from ’ pam, but ln
rijtorates the stomach and * bowels, corrsots Acidity,
na gives tone anaeneigy to the whole system. It
«mm™« o
vulslons. which, ft not! jj speedily remodied, end in
death. .We believe it the \1 bestapd surest remedy in
hMttung or from any other rT cause. We would say to
ever/ mother who Eos a child suffering from any of
the foregoing eomelnints. tfc donotlet yourprcjudloes,
tor tlL® ;preiUd[eeg , oi Others, stand between
leMine .uoicßS we fact & simile of CURTIS A PEA*
Rtfloi NSW Yorg, isop ” the outsidewrapper,
the world, Prinoi-
IMEDIOATED VAPOE BATHS.
ibilii, Coughs and Colds, Female. Diseases, Ac. Ao,
Especial accommodation* for Ladies. 017 Bra
pr FAIRBANKS’ PLATFORM SCALES
JP$« Forsyte by FAIR HANKS A. EWINO.
• 1U CHESTO UT Street, Fltiln.
m FAIRBANKS’ DAY, COAL, AND
Ml CATTLE SCALES. For tale by
.FAIRBANKS'* EWING.
715 CHESTNUT Street, Phila.
B* HOWE’S STANDARD SCALES.—
#s■ STRONG to ROMS PATKNT.-Coal, Cattle, and
Hay Scales require no pit. Platform and Counter
Ralls instead of Kmra as on othei
■oaies.' Call and .examine before purchasing elsewhere,
»a«,&lm M „v W - ■ ■
lliSouth SEVENTH Street,
Philadelphia.
<&sti»Uron liiiSd Perfumsrrjia'ffl wli'™«*‘
'.- ...... ' ... . ..' .. ... - . ...... . ' . . . .. . . .
CIGAHS, TOBACCO, Ac,
.125' NORTH THIRD STREET,
C IGA R S
OF THE DEBT
AGENTS FOR GAIL * AX,
WM. WILSON A SON,
For the nld of «H ktnda of
Alto ncrosTHts or
SHIP GHAIKi
And other kind* in every variety,
sols ase snt ron
: MEDICINAL.
SCALES.
FUKS.
FURS, .AT
OAKFORD’S.
. Aro the’ ohoapost anil heat to he found.
RICH DARK SABLE,
HUDSON’S BAY MARTBN,
-VERY DARK MINK SABLE.
. ROYAL ERMINE, '
EXTRA .FINE CHINCHILLA,
STONE MARTEN, PITCH, Ac.,
-MADE INTO CAPES, HALF-CAPES, TIPPETS,
' ' • i« ’I MUFFS, ' AND MUI'FTEES, '
Ae wo Import our SKINS direct, and Manufacture all
our.FUßßo'n. llio', I’REMISES, we aio enabled to sell,
them very oJteaPi and are.determined to close "out our
entire stook, previous to removing into our
'■ NEW STORES, 1
! r : ' . AKD QTEEETB.. ‘
, C ,";;.,.;Bsis':pfic)M igupwAßDs.-
"otfA:^:'-bk-ic®OßE>»’&’«oNi.
- ■. , ,
■ 514 CHESTNUT' STREET.
DRY-GOODS JOBBERS.
Q A R D .
SOMERS & HNO DORAS S’,
34 S. SECOND, AND 83 STRAWBERRY STS.,
have in store a large stook of
CHINCHILLA, ESKIMO,
FROBTEP TRICOT, and
BATIN-FACED BEAVER CLOTHS.
ALSO,
SATIN-FACED DOESKINS, and HEAVY PATENT
FINISHED CLOTHS,
FOIt LADIES’ CLOAKS AND MANTLES,
ANX> GENTLEMEN’S OVERCOATINGS.
028-tf
CLOTHS 111
SNODGRASS & STEELMAN,
IMPORTERS AND DEALERS IN
CLOTHS, CASSIMERES, VESTINGS, &0.,
. NO. 52 SOUTH SECOND STREET,
. ABOVE CHESTNUT,
Are daily receiving additions to their already large
stook of
FALL GOODS.
Comprised in part of
BLACK AND COLORED CLOTHS,
" “ *« , BEAVERS,
“ CASSIMERES AND DOESKINS,
PLAIN AND FANCY CASSIMERES,
BILK, VELVET, AND CASHMERE VESTINGS, Ac.
N. B.—A variety of Cloths and Beavers suitable for
LADIEB* CLOAKS and MANTILLAS, all of which
will be sold at reasonable prices, sM*tf
S. STEWART & GO.,
JOBBERS OF AUCTION GOODS,
90S MARKET STREET, ABOVE THIRD,
Have now m Store a full line of
BLACK AND FANCY SILKS,
BROCHE AND OTHER SHAWLS,
SILK MANTILLA VELVETS,
Or all grades, and all the new fabrics in Dress Goods, to
which we invite the attention of
CASH AND PROMPT SIX-MONTH BUYERS,
s9-3m
gITER, FRIGE. & GO..
IMPBRTBRB AND JOBBERS
OF
FOREIGN AND DOMESTIC DRY GOODS.
816 MARXIST STREET.
«l3m.
]J| r WILLIAMSON A GO,
WjtOLIiSALtDEAIjKftS A«ll JURIUfRS IS -
DRY GOODS,
HO. 485 MARKET STREET,
(And 414 Commerce itreet,)
MTWHBK FOURTH ARS FIFTH, ROXTII 81DI,
Our stock, eepeoially adapted to flouthorn and "West
ern trade, is now large and complete in every parti
cular. aug-tf
COMMISSION HOUSES.
PROTUINGUAM & WELLS,
35 LETIXIA STREET, AND 34 SOUTH
FRONT STREET’.
OOTTONADES.
Suitable for both Clothiers and Jobtars, m large
variety.
SUMMER COATINGS AND CAMIMBRKTTS
Mado by Washington Mill:!.
Orders takon for theso desirable goods for Spring trsdo,
n!7-tf _
JJENRY I). NELL,
CLOTH STORE,
NOS. 4 AND 0 NORTH SECOND STREET.
OVERCOATINGS,
CHINCHILLA, NOSICOWA, FROSTED, ANDFLAIN
BEAVERS,
Also, CABSIMKRES, VELVETS, &c., Ac.,
WHOLESALE AND RETAIL.
n!7-tf
JELLING, coffin, &
COMPANY,
110 CHESTNUT STREET,
AGENTS FOR THE SALE OF
A- & W. SPRAGUE’S PRINTS.
In great variety, including Chocolates, Turkey Reds
Greens, Blues, Shirtings, and Fanoy Styles.
BLEACHED SHEETINGS AND SHIRTINGS.
Lonsdale, Maionville, SlAtersville,
Hope. Washington Union Mills,
Blackstone, Cohnnnet, Johnston,
Belvidero, Fhmnix, Smithville,
BROWN SHEETINGS, SHIRTINGS, AND
OSNABURGS.
Matonoa, Virginia Family, Groton,
Ettrick, Eagle, Manchester,
Meo’s A Farm’s, Black Hawk* Mercer A,
Warren A, Farmers’, Riverside,
Carr’s River, Klwell.
CLOTHS.
Bottomley’s, Foraaroy’a, Glenham Co.’s, and other
makes of Blook and Fanoy all wool and ootton warp
Cloths m groat variety. *
DOESKINS AND CAB6IMERKS.
Greenfield Go., Saxtons River, Lewiston Falls,
Steam’s M. Gay A Sons, Glendale,
Berkshire Co.» and others.
SATINETS.
Steam’s, ’ Ayres A Aldrich, Taft k Capron,
Minot, Charter Oak, Crystal Hpringi,
Swift River, Carpenters’, Florence Mills,
Carroll’s, Dubring’s, Conversviile, &o,
BJLKSFAS.—LonsdaIe Co.’s,Smith’s, and otlior makes,
plain and twilled, of all colors.
Fanoy Negro Stripes and Plaids.
Jewett city and Irene Strlpos, Denims, and Tickings.
Rhode Island and Philadelphia Linseys, Apron Checks,
and Pantaloon Stuifs.
Shepard’s and Slater’s Canton Flannels,
FisherviUo Co.’s Corset Jeans, Ac,
aufl-dUepl-sepl-fw&wtf
gJUIPLEY, HAZARD, & UUTOIIINSON,
NO. Utt CHEBTNUT ST.,
COMMISSION MERCHANTS
FOR THE. BAI.R OF
PHILADELPHIA-MADE
GOODS.
«8-,m
MOOTS AND SIIOKS.
pjAZELL & HARMER.
MANUFACTURERS
AND
WHOLESALE DEALERS
IN
BOOTS AND SHOES.
NO. 138 NORTH THIRD STREET.
A foil unorlm.nt of City made Root, and Shoo, oon
.taotly on hand. .10-tf
HATS, CAPS, Ac.
1859. FALL TRADE -1859.
O. H. GARDEN & CO..
Manufacturer* of and Wholosale Dealers in
HATS, GAPS, FURS.
BILK AND STRAW BONNETS,
AND STRAW GOODS. *
artificial fLowe rs.
FEATHERS, RUCllfes, Ac., &0.,
NOB. 609 AND 602 MARKET STREET,
; Southwest corner of Sixth.
6XTBNSIVB TERMSr LOWEST
PHILADELPHIA, FRIDAY, NOVEMBER IS, 1859.
® jje f resr.
FRIDAY, NOVEMBER 18,185?.
POPULAR SOVEREIGNTY IN THE TERRITORIES;
■■■■ " 1 " ■- )■ * i
REJOINDER OF JUDGE DOUGLAS
TO ' !*
JUDGE BLACK.
Tho Washington Constitution y iho central organ
of my aasailants, contains tho Altornoy
rejoindor. Ho has lost his temper without suDt*
cionLcnuso.- If tho lawyora throughout tho coun
try are all laughing at him for gravely assorting
a aeries of legal propositions, overy ono of-which
has boon decided against hiui by the Ipuprotpo
Court of tho’ United Stales, ho should rembinhor
that H was his own officious conduct that brought
himlnto this uuonviahlo pogUiou. Tho
,vpjjsy.was of his own.spokiog. I have nover oom
moncod or provoked a’ political controversy with
any Democrat;' and my Invariable rulcf Ip to loavo
all questions of law v to the judicial trilunils;
law wag ne should riot have of
leamlng whloh bo did not i>ossesH. If, on thoMn
trary,* bo did kAOiV that tho Supreme-Court of‘the
United States, and nearly all the Stato cohrts, and
all foreign tribunals, have decided tho law' to 'bo
prefhely the reverse of what he stated R to bn, ho
Bhould congratulate himself and‘ fool grateful for
his escape wilh 60 lonlont a punishment. Hero is
n spooiihon of tho rrotriessnoss with whlohaumn
somotlmos sponks when he allows hlskwotimloil
prido and the vinlonco of his passions to atiao tho
promptirigg of his oonsoionoo. Spouktng of my
reply, Judge Black snyfi :
t “ Thoro is scarcely a aonlonce in this wlinlo pnm
phlet which doc* not cither pronounco an otrur or olso
nmnclo a truth.”
This is a medium ssmplo of tho stylo and cha
racter of tho Altornoy (loneral’g rejoinder. Throo
newspaper columns of disrepntable ’imputations and
oqulvooal disclaimers, noarly ovory alternate wn
tonco pregnant with offensive fnuondocs, and suc
coodou with anologctio ftasurnnccs that he did not
wish to bo understood as saying that tho truth had
booh intentionally mangled, or tho law Mowlpgly
misstated, Judgo Black soems to bo uhdor fuo
iiaprossiQn that it Is as much a matter course
for nn honoflt wan to wangle tho truth as foehlih*
self to blunder in tho law every time hobpom his.
mouth, and that Ignoranco of both fae£ and law
is sufficient exouso for propounding error and*
mangling truth. Ho should remember thAt uotthor
pompous pirotonsion ft> groat learning In tho law
beyond what is written- in tho books, nor lHe‘*pos
session of a high ofiico, no mattor how worthily hr
unworthily filled, can. justify, anj % gentleman In
thrusting nirasolf officiously into a controversy with
which he has noconneotion, ofliomlly or personally,
and, without provocation) dealing
"charges and offonSivo Inucndoes, without spe
cification of the alleged facts, or proof to sustain
his unfounded imputations, liod ho known me well
enough.to appreciate tho Impulses of my heart, no
would havo Known Le could have pointed
out And established any ono error of foot: or !tfw
in my reply, I would.havo folt more pripo
and ploasuro In making n prompt correc
tion than in porsevering in tho wrong whon con*
vinood of my orror.
When I deemed it'my duty, in'sclf-dofence/nt
Wooster, to denounce his inisrepresenUtlhiui of my
position, I Aooompaniod tho dopunclation. with dW
tinct specifications and proof to sustain'them
satisfactory and conoluslvo that, although no ljaf
since replied twlco, in his appendix and rejoinder,
ho has not ventarod to deny any ono fact, or Ques
tion any ono specification, nor attempted to rollovo
himsolf from tho public conviotion of hftvlug as
sailed without provocation, and traduced without
justification, a man who had dono him noothor In
jury than to fiml nothing in bis previous career
particularly worthy of cenßuro or apploase. Wl|h
out further notloo of these potty porsonal mattcrs,
wbioh injuro thoso only who indulge In tbom, lot
us eoo how tho main points In controversy now
stand. -
In ray reply to Judgo Black I produced and
quoted iho dooisions of tho Supremo Oourt of tho
United State*, In which tho following propositions
woro solemnly and nutboritftUvoly as
tho law of tho land: \ = \
Ist. That tho stato of slavery is a more munici
pal regulation, founded upon and {limited to iho
range of territorial Jaws: / t !
2d. That tho laws of one State pr country ban
have no forco cr offcct In another t oetfrom its
*cne, express or Implied. , , i
3d. That in
tho affirming or denying or rife tinning tho
operation of tho foreign laws, or laws ofw&* State
or country In their application to lb*
courts will presumo tho tacit adoption of -uiom by
tho govornmentof tho place whoro thtyarc Anight
to boonforced, pro.
policy.or rt’OludlolAl-to Its ‘
Tho Attorney (ioneral
tho o</ivofifDfi*ii{kf- U»«»cr-pTopo*UIoTW, Dor* doWno
ouher admit or deny that tho courts bare bo'de
cided. To admit their correctncsswontiLneoeAsa
rUy involve an abandonment <>f his position and a
confession that ho had been wrong from tho be
ginning. To deny them would bring him in difeot
conflict with tho authority of tho court and expose
him to an Inovltablo conviotion by .tho reedrd.
Forced Into this dilemma, and Impaled between
these alternatives, cither of wbioh Is ftitfil to his
reputation ns a lawyor, tho Attorney Ooneral
passes In sllonoo by tho decisions ef tho court
wblah I’brought to his nolleo, and reasserts hls
original position with tho unanimous opinion of tho
Supremo Court of (lie Unitod States, ns delivered
by Chiof Juctieo Tanoy, In tho oaao of the Bank of
Augusta vs. Earle, which I have quoted In my ro
ply,‘with a roforcuoo to volumo and page, 13th Do
lors, 519.
Judge Flock asserts that “aright of property,
aprlvato rotation, condition, or lawfully
existing in one State or country, is not changed by
tho more removal of tho parilos to another coun
try, unless tho law of that country bo in direct
conflict with it; “ and that such right “ depends nn
tho law of tho placo whoro ho oamo from, and </e
-pends on that atone”
The dootrlno of tho court Is that tho taw of ono
State or country can havo no forco or effoet In ano
thor without Its conaont or tncH adoption, and that
its validity dcpondß upon such “consent or tacit
adoption,” and upon I lull atone, and not ui>on Iho
authority of tho Stato or country from which the
7>arty romovcil. Horo is a radical, Irreconcilable
difioronco of opinion botwcon Judgo Black and the
Supremo Court of tho United States,
I brought this dlfloronco of opinlonto tho notice
of Judgo Black in my reply, and, in vlow of it.
connnondcd to hie consideration, in rospoctfui
term*, the following words of wisdom from his own
pen :
“ In former time* a auction of constitutional law
onco doomed or tho Cupreine Court wns rasnrtlcd Huset
Hod by all *xe*pt that little hand of ribald inAdtlr v'h o
meet pertodiealltt at Jiuiton to blaephtuu the rrheion
and plot rebelht-n agapmt the laws of the country!"
Judge Black line not attempted to rocoucilo hi*
opinion with tho decision of tho conrt. No nmn In
Ins senses can fail lo porcoivo that if tho court I*
right Judgo Black I* inevitably wrong. Although
the wholo logal controversy l botwoon Judgo Black
and my*olf turns on this ono point, I did not
choose, in my reply, toofftot my individual opinion
against hie, or to bring tho two Into comparison.
Aa tho question nt iasuo could only bo dotonnined
by authority, I said :
“Of course I express no opinion of iny own. uinco I
make it a rule to aoquiesoo in tho decisions of tbo courts
upon all lognl questions.”
And again, in concluding what I hod to say on
tho legal points at issue, I nddod :
In all that I have said I have l>eon content to n*-
snmo tbo law to bo as decided by the Supremo Court nl
tho United Hlntes, without precumincj that inr nnii
viiluul opinion would cither etrengtbon or invalidate
their decisions.”
If Judgo Black could reconcifo it witii his digni
ty and sensd of duly to net on tho same assump
tion, there could bo no controversy botwcon him
nnd mo in regard to tho law of tho enso. Accord
ing to tho doctrine of tho court, a whito man, with
a negro wife and mulatto childron, under a mar
riage lawful in Massachusetts, on romovnl into a Ter
ritory,could notjmaintnln that interesting “private
relation,” undor tho laws of Mnrsncbusotls, with
out the conßont or tacit adoption of tho Mnsoichu
-BctUlaw hy tho Territorial Government. On tho con
trary, if Judge Black’s view of tho axiomatic prin
ciple of public law ho correct, this disgusting and
demoralizin'? system of amalgamation mnybo In
troduced and maintained in tho Territories under
tho law of MasartchusoUrf, in detlanee of the
wishes of tho pcoplo nnd in contompt of all
Territorial authority, until “ they cot a Con
stitutional Convontjnu or tho mnculnory of a
Stato Government in ibelr hands.” It la true
thatJndgo Blnok limits this right to those pi aces
whero tharo is no law “ in direot conflict with it
hut ho also says in tho same pamphlet that tho
Torritoricii “have no attribute or sovereignty
.about them,” and, therefore, aro incapable t»f
making any law in conflict with this “ prlvato re
lalton ” which 5a lawful In Mnnrnohuaotta.
According to tlio dootrino of tho oourt, a Turk,
with thirteen wives, undor a mnrrlngo lawful in
1 his own country, could not movo into tho Territo
ries of tho United States w!lh hla family, nnd
maintain his marital rights undor the laws of Tur
koy without tho consent or tacit adoption of the
Turkish law by tho Territorial Government.
In nccordnnoo with tho Black dootrino, (I use
thotorm for convenience, and with ontiro respect,)
polygamy iuay ho introduced into all tho Territo
ries, maintained undor tho laws of Turkey, “ un
til the pooplo of a Territory gut a Constitutional
Convention or tho machinery of a Stato Govern
mont into their hands,” with oompotont authority
to rnnlto laws In confliotwith this “ prlvato rela
tion.”
According to tho dootrino of tho court, tho pett
ier with his clocks, tho liquor dealer with his
whlskoys. tho tuorchnnt with his goods, and tho
master with his slaves, on romoval to a Territory,
ennnot hold, protoot, or sell their property under
tho laws of tho Ktntos whenco thoy came, reaped
ivoly, without tho consent or tacit adaption of thonc
laws by tho Territorial Government.
According to the Black doctrine, howovor, any
one person, black or white, from nny State of tho
Union, and from any country upon tho globo, may
removo into tho Territories of tho United States and
carry with him tho law of tho State or country
whonoo ho enmo for tho protection of nny “ right
of proporty, private relation, condition or status,
lawfully oxisting in such Stato or country,” with
out tho consent and in defianoo of tho authority of
tho Territorial Government, and maintain tho aamo
“ until thoy got a Constitutional Convention or tho
waehinory of a Stato Government Into tboir
hands.”
This is tho distinct Isstio between Judgo Blnok
and tbo Supremo Court of tho Untied States. It
ia not an issuo between tbo Attorney Gonorai and
myself, for, in tho boginning of tho controversy. I
announced my purposo “ to assumo tho law to bo
ns decided by tho court, without presuming that
my individual opinion would either strengthen or
invalidate their decisions.”
This brings mo to onnsider tho third proposition
established by tho oourt in the cases which I
quoted in my roply.
Under tho application of this rulo to tho Terri
tories'} it noc9S?arily lollows that “ a right of
proporty, a prlvato relation, condition, or status,
lawfully oxietlng in ono Stato or country. Is not
chnnqed by tho moro romoval of tho parties to a
I’lorntory.} unless tho law of that [Territory] bo
in diroot conflict with it.” If, thou, it Be true, as
assortod by Judgo Black, that “ it is rmsciaEnY
ho to it k the status of a negro carried from one
part of the United State* to another u —that tho
master’s right to his slaves, undor tho Stato whonce
onmo, Is govornod by the same rule as the right
of tho Turk to hie wives undor tho law of his conn
liy> and tho right of a whito man to his nogro
wife under tho 'lnw of Massachusetts ; and, as
ovory other “ right of proporty ” and “ prlvato re
lation,“ it follows of nooosalty, that, In the obsonco
of any positivo rule upon tho Bubjeot In the Terri
tory, affirming or denying or restraining the flpo
rallon of thoso several lawß whioh tho immigrants
havo brought into (ho Territory with thoin, tho ju
dicial tribunals willpjY<«W the tacit adoption of
t/tfm hj the Terntorial Government-, unless they
.aro repugnant to its policy or prejudicial to its
interests. But still it must bo rcmoinborcd that,
when thus “adopted by tho Territorial Go
vernment,” according to tho presumption of
tho court, their validity in that Territory depends
upon such adoption', and upon that alone, and
not upon tho authority or sovoroignty of tho Btato
or country whoro they originated. Herein consists
tho palpnblo, fundamental error of Judgo Black,
which I pointed out to him in my roply, and es
tablished it boyond incredulity or cavil by tho de
cision of tho Supremo Court. Is it posslblo that
ho could not boo tho error when pointod out to
him? Or does ho no( cpnsidor the Supremo Court
of tho Unitod States dompetent authority to detor
mine'the'rulo of lavr upon tho subioct?
If hls doolrino bo eouud, ho oannot cscope tho
conclusion that polygamy and tho amalgamation
of Uio black and whito races by warringo, and
every other “ prlvato rolation lawfully existing in ,
any Stato or country,” in or out of Christendom,
no inntlcr how revolting or dobaslng, may be in
troduced into tho Territories in deflanoe of all Ter
ritorial authority, and, maintained tbero until tho
pooplo of tho Torrltory “got a Constitutional Con
vention or Uio mnohlnory of a Stato Government
into thoir hands.” The-limitatlon, and the only
ouo which ho admits on this right—to wit, that it
exibta in ovory cnnntry aud pluoa on earth, “ un
it w the /mo of that country be ui direct conflict
rt'ith u” —is annulled and swept away in tho Terri
tories by hls othnr position, that “ they have no at
tribute of sovoroignty about them,” and aro Inoa
pablo of mulcting any law* “in dlreot conflict
with” “a right of proporty, a prlvato relation,
coudUlon, or statu r, lawfully existing in
another fitato or country.” To show that
thoro Is no possibility of my misunderstanding
him or misrepresenting him in Ibis respoct.it ii
only necessary to remind tho rotidor that Judgo
Blnok illustrates hls proposition by referring to tho
fact that inarrhigos lawful In tho country whoro
they occurred arc deemed Inwfiil In all others;
and tbnt children who woro legitimate whoro born
aro'doomed logitimato wherever they go; nttd thon
adds, that “U Is preoisoly so with tno statu « of a
nogro enrrlod from ono part of tho United States
to nnothor.” 110 places tho quostlon of slavery
in tho ssmo category with marrlngo and ovary
othor “privftto rolatiun,” and Insists that they
all depond upon tho tamo rule; that what*
cror may bo tho rights of the ono in tho Torrito
ri°J» “ H i 3 precisely so ” in respect to the othon,
and that nil of them aro alike beyond tho reach
and control of tho Territorial Government, am]
must remain unchanged under the laws of tho
Stato or country whenoo tho parties oamo until tho
pcoplo of tho Territories aro permittod, by Con
gross, to asaumo tho functions of sovorolgn States.
Theroforo his denial of tho right of a Territorial
Legislature) to cnaot a law in direct conflict with
tho law of slavery in tho State whonoo tho
mastor come wilh lus slavo involves a likodoulal
of tho right of Iho Tcrriiorialo Lglslaturo to puss a
law In conflict with tho law of inarriago In Massa
chusetts or In Turkey, whonoo tho whito man oiul
, grated with hls black wife and mulatto ohlldron,
or tho Turk with his dozen wives, and as many
children by caoh. Tho ground upon which ho
places Ids denial of tho right of a Territorial Legis
lature to mako laws upon tho suhjoot of slavery,
marriage, und every “rightof proporty, prlvato
relation, condition, or status, lawfully ex
isting In another Btato or country,” If tenublo,
precludes tho possibility of making laws upon
any rightful suhjoot or legislation whataoovor
Jto places it upon tho ground that to legislate upon
thoso subjects Involves the oxoroisa of sovereign
powor, and assorts that tho Territories “havo no
attributes of sovoroignty about them.” I have
novor doubted that if did require tho oxnretso of
fovorelgu }»wcr to legislate upGn Uio objects re
ferred to, or upon any othor subjeot. I went su far
in my u reply” hi i to quote from tho opinion of tho
Supremo Court by Cmof Justice Marshall, that
“ all legislative powers appertain to sovoroign
ty.” Sloco Judgo Black insists that tho Ter
ritories “havo no attribute of sovereignty,”
and, consequently, do legislative powers, no
man who om(or?cs hls position can for au instant
contend that tho Territorial Legislature can mako
any la\v in Conflict with polygamy, or tho amalga
mation of the htack and wldto races by marriago,
or any other “private rclutlon. lawfully existing in
another Slato or country” whence tho parties oamo
to the Torrl|ory, Tho conclusion, theroforo, Is in
evitablo that, according to tho dootrlno of Judgo
Black, and all who agree with Idm, slavery po
“9y Juarriago, every “right of properly, prlvato
relation, condition, or status, lawfully existing in
another Stato or country.” all stand on thn same
footing, and aro govornod by tho samo rules, and
may ho introduced Into tho Territories of tho Uni
ted States in defiance of all Territorial authority,
and maintained there under tho Inws of tho Stato
or country whonoo tho parties came, rospeotlvoly,
“until tho pooplcof tho Torritorii** shall get a Con
stitutional Convention or tho machinery of a Stato
Government Into their bands.”
Having ascertained how ho establishes all of
theso institutions, rights, nnd privato relations In
the Territories, In opposition to tho wishes of tho
poople, and boyond tho power of tho Territorial
Government to restrain, roguluto, or control the
same, let us noxt Inquire how and by what means
ho proposes to protect the rights whioh he assorts
to exist? It is worso than mockery to congratu
tato a man upon tho possession of n right whito
you deny him all tho remedies which aro csoontlal
to its enjoyment. Aright without a remedy is n
hurdou—a u a olcss, worsolcss thing. Judgo Black
denies, in Ids rejoindor, that ho over said that tho
people of tho Territories had a right to thoir pro
perty without tt remedy. Hoar him :
“I never Mill (list mi mnnmnmt to a Territory hn,l a
nslit to Ills uroporlv n r'm/tty ; bill lnihmt that
lm mu'll look for )iih remedy to the law of Ins new
domicile."
A technical denial, with ft montal reservation,
for the purposo of making tho public bellovo, with
out exactly nuying it, what is not true, U unworthy
of tho Attornoy (ionorulof tho United Btntcs. Jlo
probably never did say, in those preclao words,
“ llmt on immigrant to a Territory hod a right to
his property without n remedy,” but he has pro*
muigated n doctrine, nud labored hard to sustain
It, which, if truo, loads inevitably to that prooieo
result. Is it not so 7 It will bo recollected that in
bis “Appendix” bo indignantly repudiates tho
“ nbsunl inferonco,” which tho public had drown
from hU pamptilot, that tho oourU could or should
afford any protection to slavo proporty in tho Ter
ritories by the application of those judicial remedies
which lawfully existed in tho States whence tho
master romoved. Kopudiatiog tho dootrino that
Congress shall or can intervene for tho protection
of slave:! or any other proporty in tho Territories,
denying that tho Territories havo any powor to lo
glsUto upon tho sulrioot, for tho reason that “ thoy
havo no attribute of sovereignty about them,” and
rejecting tho “ Absurd Inference” that any judi
cial romedios, lawfully existing in another State or
country, can do lawfully or proporly omployod for
tho protection of proporty in tho Territories, what
|)o?siblo ukurdv is tboro, what remedy can
there bo, for tho violation of this right of
property? If tlioro be a remedy, Uisto bo
presumed that tho Attorney General of tho
united States, ns tho highest law officer in tho
Government, is nblo to tell us what it is, whero it
is to bo found, and how it is to bo applied. Having
employed two months of his valuable time, to
the ontiro oxolupb»n of logs important although
official duties, in the preparation of threo pnmpn
lots iur tho purpose of establishing this important
right,” and having, uulucktly, ueod such argu
ments and enforced suoh rules of law in support
of tho right as prooludo tho possibility of tboro
being any lawful remody for tho violation of
such right, l took tho Uuerty, in my “ reply,”
of calling tho Attention of tho Attorney Gono
ml lo tho fact that, if bis dootiiuo wa* sound,
bo had cHtnblißhcd “A ninnr without a
iikmkdY.” In his rejoinder ho denies that hr ever
\utU so ! Is this suoh an answer an tho publio have
a light to expect from tho*Attornoy (loneml to an
objection urged in good faith, and which, if well
taken, is fatal to bis cnllro position? Gan any
dootrino bo sound which establishes a legal right,
and, at tho same time, precludes tho possibility of
a legal remedy for Us violation f Ho says further:
** If it Btiali o\or r.omc to that, Mr. Dniicln* inn> rest
assured that a foincily will be found. No Government
wm imhsibly exist wh'oh will allow the rkht of property
tn i r o uuproleeted; muoli less can it mifler such a right
to I* exposed tn imfrienill) legislation.”
I tun asked to lmvo faith in tho word of tho At
torney General “that a remedy will ho found!”
If ho is unablo to toll whero its remody is, upon
whmu shall wo roly to find it? If the Attor
ney Oonorat of tho United States docs not
know of any lawful remedy, what Authority
has ho for tho assurance that ono will bo found?
If bo docs know, Is he not bound, as a patriotio
chiton and a high publio funotionary, to toll,
when ho assures ua that “no Government can
possibly exist which will allow tho right of pro
perty lo go unprotected?” Ro it seems that
tho very existence of tho Govornmont depends
upon tho discovery of a remody for tho protection
of proporly in tho Territories, which, wo nro told.
Congress cannot furnish, which tho Territorial
Legislature cannot cnaot, which tho “axiomatic
principle of public law ” does not supply, and
whieli tho judicial tribunals cannot applv in pur
suance of any known law, but wbiob, thanks to
tho Attorney General for tho consoling assurance,
will certainly bo found ! It is fairly possible that
(ho polygamist with Ids multiplicity of wives,
and tho nmalgnmntlonist with his hybrid family,
mid all utters who hold similar “privnto rela
tions,” would bo nblo to onjoy nrd maintain
their domestic rights in tho Territories with
out any “ Judicial remedies,” innemuoh ns their
rights nro ml foutided on a voluntary arrangement*
which wus entered Into by tho froo consent of nil
Iho parties and is supposed to bo ocmcntod and
consecrated by mutual affection. But it is entirely
different with tho right of a master to his slavo,
which is foundod Upon an involuntary arrange
7iient, and can only bo onforcod by municipal law
subjecting tho will of tho slavo to tho authority of
tho master, and compelling implicit obedionco to
ins lawful commands. For this renson It has been
hold by tho Supremo Court of the Unltod Suites
that “tho statoof slavery is a mere municipal re
gulation, foundod upon and limited to tho rnngo of
Territorial Inwß.” llow, thon, con slavo property bo
protected in tho Territories? According to tho aoc
trlno of Jmlgo Black it is not possible to furnish
it any logal protection, either by tho notion of
Congress, or by Territorial legislation, or by tho
application of “ judioinl romedios” from other
States, or In ftny other mode known to any law
which tho Attomoy Gonornl hasyot been nblo to
disoovor. notwithstanding hla assuranco that a re
medy will be found. !
By tho dootrino of tho Supremo Court, howover,
ns I understand It, tho laws of other States and
oountrlos inuy prevail and bo enforced In the Tor*
ritorlosiy the consent of tho Territorial Govern
moilt, oxpross or impliod; and the Territorial Legis
lature may pass all laws, and provide all romedies
neocsssry to tho full enjoyment and protec
tion of slavo proporty, and ovpry other “ right
of property, private rolation, condition, or
status., os thoroughly and complotoly as any
Stato Legislature. In the organic act of each of
our Torntorlcs, Congress has recognised tho right
of (he,Legislature to oxorcise “ legislative power”
over “all rightful subjeotaof legislation,” as fully
nnd completely as tho Legislature of any Stato oan
exercise the same powors, and subject to no other
limitations and restrictions than that imposed on
all tho States—to wit, tlmtthcir legislation must bo
“consistent with tho Constitution of tho Unitod
States.”
But if it bo truo, as contondcd by Judgo Black,
that tho Territories cannot legislate upon tho sub
jeot of slavory, or any other right of proporty, prl
vato*relation, condition, or status, lawfully exist
ing In auotUcr Stato or country, it nccossarily re
sults that tho Territorial Legislature cannot adopt
tho laws of othor States or countries for tho protec
tion of suoh rights and institutions, and conse
quently that tho courts cannot presume thotooit
adoption of such laws by the Territorial Govern*
mpnt In tho absonco of any power to adopt thorn,
Horo, again, wo sco that tno doctrlno of Judge
Black, If it docs not conclusively establish a right
without tho possibility of a remedy, Is certainly
oquivalont to tho Wilmot proviso in its praotloal
results, to far as tho institution of slavory Is con
ccfnod. I demonstrated this proposition to him in
my,“ roply,” so conclusively that ho did not ven
ture to deny it, much less attempt to answer the
argument in his “rojoindor.”
I do not doom It necessary to notice, in detail,
the many strange and unaccoantablo mlsroproson
t&tlons in his “rejoindor” of the matters of fact
and law sot forth in iny “ reply,” to whioh bo was
professing to respond. Ono or two Instances will
suffice os spoolmons of the manner in which the
Attorney Gonoral Is in tho habit of disposing of
authorities whioh stand as Insuperable obstacles in
tho path of his argument. In my “ roply ” I
Juoted the following paragraph from Judge story’s
onfllot of Laws, to show that he, at loaat, thought
the law was procisoly the reverse of what Juugo
Blnok supposed lt to bo: 1
“There is a imifonnltr of opinion amnnir foreißnju*
rinlHAml foroifin tribunals m rivuu; nooffeat to the state
yfslaverjpfa partr, whatever it may havo been in the
ronntry of hia birth, or that lq Which he had l>een pre
viously Domiciled, unless it m also recogniud l>ytk*
lair.% tf the country of hts actual (tomidle, and where ho
is found, anditiSsomrht to t*e onforesd. (After oiling
various auUiotiUe#, Judse htory proceeds:! la Scot
land the likni doctrino has broimolemnly adjudjod. Tlie
tribunals of rnince have adopted the same rule, even in
relation to, slaves commit from, aud lwhm*in* to thoir
own cnlomoe. This is also the undisputed law of
bnElaml. ’
Now for Judgo Black’s roply to thoso passages
from Judgo Story:
“ Thoso passagoj (will tho reader bclievo It ?)
tnorely show that a slavo becomes free whon taken
to a country where slavery is rot tolerated by
law!” Substituting the words “ not tolerated by
law” for tho words “unless it Is also recognised
by law.” Judgo Blnok reverses Judge Story’s
manning, and makes that lonrned jurist declare
tho law to ho precisely thb reverse oi what Judge
Story stated it to bo! “ Will the reader believe
tt ?” Not content with changing the language and
reversing the monning, nnd citing it, in its altered
form, as evidence that I had misapplied tho quota
tion, tho Attorney General has tho audacity to ex
claim In parenthesis, for tho purpose or giving
groator emphasis to hia allegation, “win the
reader boliovo It?” Judgo Black oannot avoid
tho responsibility which justly attaches to snob
oonduot by tho protonce that slavery was prohi
bited by faw in Scotland, England, and France,
for tho roason that tho reports of tho cases show
that tho laws of those countrlos wore silent upon
tho Bubioct, and that the decisions were mado
upon tho distinct ground that thora was no
law tecogntsing slavery, and not upon tho
ground that it was prohibited by law. Nor
can Judgo Black’s raodo of (roaring tho
quotation whioh I made from tho opinion of tho
Supreme Coart of the United States in tho case
of l’rigg vs. tho Commonwealth of Pennsylvania,
upon tho direct and prcoUe point in issue, bo con
sidered scarcely less reprehensible in the eyes .of
all honorable men. What ho sxvs, nnd all ho says,
in TOgard to that decision, Is as follows:
“ Tho quotation from tho opinion of the Sapremo
Court, in I’rigjc v* Pennsylvania, is mado with tliouihe
rashneM., and with no nearor approach to the |M>int.
The piiblio will <lo}ihtleii« somewhat surprised by
Judgo Douglas’ unique mode of dealing with books.
J‘i»r in/seir, lam inexprcssilily aoiozcd at it, ] liar cno
right to auproso that ho intended to insult the fntelh
f ence of hisroiiders, nr to impose upon their ignorance,
iv linking a parade of loarning or research which bo
did not possess. But how shall we account forquota
tionsliko thoso? lam obliged to leave tho riddle un
read.”
• ,My “ modo of dealing with books,” Ay quoting
them truthfully, without (hanging the language
or perverting the meaning, is “ untqao ” In uio
estimation of Judge Black. Ho thinks “ tho pub
lic will <joubtloBs bo somowhat surprisod,” and, for
himself, says, “I am inoxprosribly amazed it!”
ThU confession will doubtless explain tho reasons
of Ids modo of dealing with books and quotations.
I siuoeroly wish that i could conscientiously say of
him what ho h&s said of me in tho following sen
tence:
“ | have no right tosupposo that h$ intended to Insult
tho nitollißenoo of his readers, or to impose upon Uveir
by (iiakinx a parade of learning and roncarch
which he did not pomess ” Unluckily for himself, ho h&s
not left “ the riddle unread.”
"ia cloaain*.
and Agreeablo duty, by presenting to tho public
flomo of tho bonofiolal resalto of tuts disoussloQ.
Tho Attorney General has boon lbrcod by tho ex
igencies of tno controversy, step by step, and with
extreme reluctance, to make several important
oonfc.riouH, whioh necessarily involve an abandon
ment, on tho part of his olionts, of various perni
cious heresies with whioh tho country has boon
threatened for tho last two years.
I'lltST. THAT BI.AVF.RY EXISTS IX TIIK TERHITO
IUKS HV VIRTViJ Of THE COXBTITUTIOX OP TQB
tI.MTKD HTATKB.
From tho day that Mr. Buchanan sent to Con
gress his Looompton messngo until tbo day when
my articlo was published in Ilutper'* Maga
zine for Soptembor last, ovory Domoorftt has beoa
branded ns a political hcretlo, proscribed, excom
municated, and outiaweilj who would not aeknow
lodgo that slavory exists in tho Territories by t<ir
tnr of the Countitntion of the United Staten, In
that article, without assailing any ono or Impugn
ing any man's motives, I demonstrated be
yond tho possibility of cavil or depute by
any fair-minded man, that if tho proposition
was truo, as contondod by Mr. Buchanan,
that slnvory exists in tbo Territories by Wrtuoof
tho Constitution, tho conclusion is inevitable and
irresistible, that it is tho imperative duty of Con
gress to pass all laws noee-'-sury for its protection ;
that tboro is and oan bo no exception to tho rule
that a right guarantied by tbo Constitution must
bo protected by law in all eases where legislation
is essential to Us enjoyment; that all who consci
entiously bellovo that slavery exists In the Terri
tories by virtuo of tbo Constitution, are bound by
their consciences and their oaths of fidelity to tho
Constitution to supjwt a Congressional slave code
for tbo Territories; and that no considerations of
political expediency can relieve an honest man,
who so believes, from tho faithful and prompt per
formance of tbia imperative duty.
BC also demonstrated, in the same paper, that tho
Constitution, being uniform throughput tho United
States, is tho saino in tho States ns in tho Torrito'
rics, is tho snmo in Pennsylvania as in Kansas;
and, consequently, if slavery exists in Kansas by
virtuo of tho Constitution of tbo United States, it
must of necessity exist in Pennsylvania by virtue
of tbo same instrument; and if it bo the duty of
tho Federal Government to force tho poonlo of tbo
Territories to sustain the institution of slavery,
whothor they want it or not, merely bocauso U ex
ists there by virtuo of the Constitution, It becomes
tho duty of tho Federal Government to do the
snmo thing in all tho States for tho same reason.
This exposition of tho Question produced con
sternation and dismay in the camp of my assail
ants. Their hope was to soouro tbo confidence
and favor of tho South by conceding thoir right to
plant slavery in tho Territories in opposition to
tho wishes of tho pcoplo, and in defiance of tho
Territorial authorities; and, nt tho ,-tuuo time,
satisfy tbo North by withholding ail legislative
protection nnd judicial remedies, without which
tho right becomes a naked, worthier
tiling. My exposure opened their eyes to tho dan
gers of thoir perilous position, nnd made it obvious,
even to their comprehension, that thoy could no
longer successfully maintain tho ground they
then occupied. Afraid lo advance and pursuo
Ihcir dootrinca to their logical consequences, and
ashamed to retreat and return to tho imprognablo
position of popular sovereignly, which-they had so
recently abandoned, they began to look about for
some new expedient torollevo themselves from the
awkward dilemma into which they had been driven
by ono short articlo ill Harper's Magazine. Just
at thiscritionl moment, howovor, a suggestion was
inado Which It was supposed would relieve them
from tho necessity of adopting either alteruativo,
and, at tbo same timo, produce tho same results
which they had vainly anticipated from their former
ptnn. It was suggested that a very promising
young lnwyer In Georgia, a youngor brother of tho
Secretary of tho Treasury, had employed hlsloi
suro timo, during tho interval botwoen his casos
in court, in writing a book on slavery, in which ho
had oxplodcd tho uoctriuo that “ tho state of sla
very was a mere municipal regulation, founded upon
and limited to tho range of Territorial laws, as
erroneously decided by tho Supremo Court of tho
United States, and by the highest judicial tribunals
in most of tbo Statoa of tho Union, and in Great
Britain arid upon tho continent; and in lieu of this
old-fashioned, dootrino, bad demonstrated that tbo
axiomatic principle of publio lnw would cnabio
tho ownor of a slave to removo from ono country
to nnothor nnd carry with him tho law of his for
mer domicile, and, under its sanction, hold his
slaves In his now domicile without tho consent nnd
m dcfianco of tho authority of tho country to which
ho had romoved with his slavo. “ Whut n happy
conception,” as a substitute for the dreaded doc
trine of a Congressional slavo codoon tho ono band,
and on tho other tho deserted dootrino that “ tho
people of a Territory, like thoso of a Stato, shall
dcoido for thcmsolves whothor slavery shall or
shall not exist within thoir limits.”
Of course,' ©now theory was instantly adopted
and ft copy of “Cobb on Slavery” immediately
procured, and tbo duty ossignod to Judgo Biaok,
ns tho highest law officer of tho Government, to
proparo an essay illustrative of tho beauties of tho
now system, with authority to dony in tho boldest
tonus that anybody “ on this sido of China” ever
thought or said that tho Constitution of tho United
States establishes slavory in tho Territories or any
where olso.
llonoo wo find, on tho eocond paeo of Judgo
Blacks pamphlet, thoso emphatic words :
“ Thk Constitution certainly does not estab
lish SLAVER* IN (TUB TXRRITORISS OK ANYWHKRK
yi.SK. Nobody ix this country kvkr thought ok
said so.”
This confession is ample reward for all tho labor
that tho articlo in Harper's Magazine cost mo;
protesting, howovor, that I am acquainted with no
rule of Christian morality which justifies gontle*
men in saying that ” nobody in this country over
thought or said so,” In tho faoo of Mr. Buchanan’s
Silliman letter and Looompton message. This con
fession is presumed to have tho sanction of tho
Prtsldent'nnd his Cabinet, and thereforo may bo
justly regarded as an official aud authoritative
abandonment of the pornioious heresy with which
the country has boon irritated for tho last two
years, that rlavbrv xxisra in thk Tbukitoiurh
BY YiBTUB or THK CONSTITUTION 01* TUB UNITED
Statrs. It is true that, for the purpose of cover
ing thoir lotxeat and, concealing their discrepan
cies, thoy havo resorted to anoxpediout no loss ab*
TWO CENTS.
ml?’ M? „ cnlirc, y limitless, because in direct ton
i.t "I th tho well-established-principles 6f ■public
r£i,?“? , ” m ' ,1 . cjb y all ‘he judicial tribniaUin
.5° « however? but an act of ample
I r-vrf , Thora “ B. B. Cobb, whose book
iZ .sT h # [ Kro “l ability and research, (al
? t Hf°? t< ? ) t*fliot, on some points, with the
toost eminent jurista and tribaoalsio this country
thn „ sa y that his book does pot justify
BlMk b d lnrorencca dr ‘wn from it by judge
-nw notl l or po.mioal heresy, which U in substance,
although not in terms, abandoned in Judea Black’s
rejoinder, u
",T"y ™* TRaaiToaiEs nava *o arranurn or
SOVSBKIOXTV ABOUT ur
It will bo recollected that in my Harper article
*i, * w I ,arn^ between our Territories and
tin) American colonics, aijil ghowcil that each pos
floflgod tho exclusive power of legislation in respoot
to tqoir internal polity; that,' according to our
American thoory, in contradistinction to the Euro
pean theory, this right of wlf-govemmcnt was not
derived from tbo monarch orUovernment, but was
inherent in the pooplc; and that under onr American
system “ every distinct noli deal community, loyal
to tho Constitution and the Union, is entitled to all
tho rights, privileges, and Immunities of self-go
vernment in respect to their Internal polity, sub.
joct only to tho Constilution.ofthe Uolted States.'*
» r ®P|y» Judge Black argued that this claim in
volved the possession of sovereignty by the people
of tbe Territories; that “ they hare Do attribute of
sovereignty about them that “ they aro public
corporations established by Congress to manage the
local affairs of the inhabitants like the government
of a city established by a State Legislature ;** that
“there is probably no city In the United States
whose powers are not largor than thoso of & Fede
ral Territory;’’ and. in fact, adopting the Tory
doctrine of the Kovolntion, that all poUUcal power
is derived from the crown or Government, and not
lohorent in the people.
In my reply r showed that the people of tho Ter
ritories do pass laws for the protection of life,
liberty, and property, and, in pursuance of those
laws, do deprive the citizen of life, liberty, and pro
perty whenever the same becomo forfeited by crime;
that they oxerciio tho sovereign power of taxa
tion oyer all private property within their limits,
and divest the title for non-payment of taxes; that
they exercise tho sovereign power of creating cor
porations, municipal, public, and private; that
they possess u legislative power 1 over “&U right
ful subjects of legislation consistent with the Con
stitution and the organic act;” and I quoted the
language of Chief Justico Marshall, in delivering
‘be unanimous opinion of tho Supremo Court, that
f tr ' trtf poire rs appertain to sovereignty."
Now let ua lee with what bad grace and worse
manner, and yet how completely the A tternev Gene
ral b'lelx down from hi* main ]>o.*itiou, that the
Territories “ have no attribute of sovereignty about
them:”
Kwj hail-crown boy in the country who has tiyen
»he usual amount or itiidv to the Bncliab tonrue.orwho
ha* occasionally looked into a dictionary .knows that the
soycrcieirtr of a bovermnont consists m its nm-ootrei
table mot co exercisa the bieha*t power. But Mr, Dou-
Plfw tries to clothe the Territories with the 4 attributes
pi soyerntsnfy,’ not by proyins the supremacy or their
juristhohon in any malter or thin* whatsoever, bet
merely by shnwiuc that they may tie. and some of them
have been, authorized to Utiilait within certain limits,
to exercise the mht of eminent domain, to lay and col
leot Mrrt for Territorial purpoees, to deprive noitixen
01 It re, ittirrtft, or prrjur/y t as a punishment for crime,
arm tofrrafeecrpOTrttioiu, Ail iAi.l true cnongk, bat
it does hy no means follow that the provisional govern
mentor a Territory is, therefore, a sovereign in anv
scuso of the word.
So ho surrenders at last. This disousrion fur
nishes a signal example of what perseverance can
accomplish. It has taken a long timo to drive the
Attorney General into the admission that the
pcoplo of a Territory arc clothed with the nw
uAKiao power ; with the right “ to legislate withto
ccrtainlimlts; (that is to say, upon “all rightful
subjects of legislation consistent with the Consola
tion with 4f tho right of eminent domain, to lay
and collect tuxes for Territorial purposes, to deprive
a citizen of life, liberty, and propCTty as a punish
ment for crime, and to crcato corporations. I atn
not quite sure that “ every half-grown hey In the
country who has given tho usual amount of study
to tho English tongue, or has occasionally looked
into a dictionary,” does fcnow that these powers
are ail “ attributes of sovereignlybut I atn
very confident that no respectable court, jurist, tr
lawyer, “on this side or China,” (Judge Black
alono excoptod,) ever oxposod their Ignorance by
questioning it, much less had the audacity to deny
it. Since the fact is admittc/l that thu Territories
do possess and may rightfully exercise thoso “ legis
lative powers” which aro recognised throughout
Uic civilized world as tho very highest attributes
of sovereignty—the power over life, liberty, add
property—l shall not waste time in disputing with
the Attorney General about the name by wblch ho
chooses to call them. It is sufficient for my pttr
j>oso that I have at last forced him into tho admis
sion that tbo law-making power ovor all rightful
subjects of legislation appertaining to life, liberty,
and proporty, resides in and may be rightfully
oxerciscd by tbo Territories, subject only to the
limitations of the Constitution.
This brings to my notice anothor important con
fession in Judge Black’s rejoinder, intimately con
nected with tho preceding, which U: That it is
45 IXRI'LT TO TJIE AMERICA* FBOrtE TO StTrOgß
THAT TUB PEOPLE OP ASY OBGAXIZED TebRITOBT
. WOULD ABUSE THE SIGHT OP SKLP-HOVKIUUt&XXIE.
IT WKKE COXCBPED TO
• ThU last confeffilon, token in connection with the
prerioos admission of tho power, removes tho lest
vestige of any substantial objection to tbe doe tribe
of popular sovereignty In the Territories. Unable
to make any plsuriblo argument against it, in the
oiw and upon principle, as explained in Harper's
Magazine, Judge Black expended alt tho powers
and onergios of his intellect in his first pamphlet
to render tho doctrino odious and dotestablo upon
tho presumption of its probable practical results,
lie argued that it might result in “legislative
robbery;” that “they.may take every kind of
property in more oaprice, or for any purpose of
lucre or malice, without process of law, and with
out providing for compensation;” that they “may
order the miners to give up every ounoo of gold
that has been dug at Pike’s Peak;” that they may
“ Uconso a band of marauders to despoil the emi
grants crossing the Territory.”
•Thojie were tho argumouto employed by tho At
torney General, in the beginning of thu contro
versy. to rendor tho doctrine of popular sovereignly
odious and dotestablo in the oyesof all honosttneu,
and to prepare the minds of tho people for Iho favor
able reception of bis new doctrine, that property in
tho Territories must be protocted under the laws of
tho State whonco tho owner removed. Very soon,
howevor, tho lawyers begat 4 to amuse themselves and
tho public by exposing tbo folly and absurdity of
tho pretence that the Territorial courtscould apply
the ju licial remedies prescribed by tbo Legislature
of Kontuoky or of any other State, Becoming
oehamed of his position, Judge Black wrote an ap
pendix to his pamphlet, in which he declared that
while tho “ titio which tbo owner acquired in tho
Btoto ” from whence ho removed must bo restricted
in the Tnrrttory, “THHAnstmb inference which
sorao persons have drawn from It is not true, that
tho master also takes with him the judicial bexe
men which were furnished him at the place where
his title was acquired,” and that “ the respective
rights and obligations of the parties must be pro
tected and enforced fy the lav> prevailing at the
place where thty are sitpjtoscd to he violated .”
By this timo it was my turn to reply, when I
showed that his doctrine, if truo, established a
riout without A itKMKPY, and if tho people of the
Territories could not bo trusted in the manage
ment of their own nfltirs, and in tho protection of
life, liberty, and property, they could not he relied
upon to provide the remedies! This reply was
made in good faith, and believed to be pertinent to
tho issue and fatal to his position. Instead of re
ceiving it in good temper, and obviating the force
of it by fair argumont, if itwere possible for him to
do so, he dies into a rngo, and denies that ho “ said
that an immigrant to a Territory had a right to his
property without a remedy*'' and that “ it is an
tnittlt to the American people to suppose that any
community can be organized within the limits of
our llttton who will tolerate such a state of
things Listen to bis patriots indignation at
the bnro suggestion that tho people of tho Territo
ries cannot bo trusted to guard and protect the
rights of property and provido tho remedies :
•• I iiovnr jeiiil that an immigrant to a Territory had a
right to his property without n remedy; hut I admit that
he must look for Jus reined; to tha law of (us new domi
cile. It is tma that he takes Jus life, his limbs, his repn
tation. and inn property, and with thorn he takes mv
llunß but his nuked rieht to keep them and enjoy them,
lie leaves Uhe judicial remodies of hia previous domi
cile l*etiim! linn, it is also true, that, in n Territory
just boKinnuu to to settled, he may need remedies
for the \ indication of Ins ri« tits above all taints else. In
ins new homo there may tobamlaof base nianimlors,
without coiisoiOLOO or the fear of Uml before their ejes.
who nro ready to rob nud murder, and spare nothin? that
man or woman holds dear.. In suqli a time it is quite
possible to imaeirto an Abolition Legislature, whofre
member* owe their scats to .“Sharp's pflo* and tho
inmie> of tho Fmuratiou Aid Society. Verv possible
n Leitislfttnre so chosen nmrht employ itself in passinr
laws *».friendly to the nehtsof honest men ruid/riea.Ny
to the lntsmess of the rohtor and the murderer. I con
cede this, and Mr. Doughs is entitled to nil tho comfort
it affords him. But it is nn insult to the American
people to suppose that anv community enn be organizes
within the limits of our I'niou who will tolerate such a
state of things.”
Why did Judgo Black insult tho American pco
plo by supposing and assuming that thoy would do
theso things if left free to regulato their own in.
tornal polity nnd domestic affairs in their own
way ? It was deemed a necessary expedient, in
order to render popular sovereignty and its advo
cates odious and detestable. Why then did ho, in
tho course of tho eaiuo discussion, turn round and
ray that it was an insult to tho Amerieau people to
suppose that tho people of tbo Territories would do
thoso things when allowed to rogulato thoir own
affairs In their own way 7 This, too, was, in turn,
deewod a necessary expedient, In order to avoid
the horu of tho dilemma into which he had been
fairly driven, 8n«l escape tho odium of an attempt
to doeoive tho Southern people, of which ho had
been fairly convioted, oi advocating a “ right
irtthout a remedy
To what dosperato shifts will men resort or bo
driven when thej deliberately abandon prin
ciple von expediency ? No more striking or
humiliating illustration of this truth was
ever given than this controversy presents. Kach
change of ground, overy shifting of position
lias boon dono as an expedient to avoid what at the
tiuio was deemed a worse alternative. The ground
on which Mr. Buchanan was electod, thaU“tho
pcoplo of a Territory, like those of a State, shall
decide for themselves whether slavory shall or shall
not oxlst within their limits,” was changed, and in
lieu of it tho position assumod that “ slavory exists
in tho Territories by virtuo of the Constitution,”
as an expedient to obtain tho support of certAin
Southorn ultras and fire-eaters who had al
ways opposod )>opular sovereignty, on tho sup
position that without such support Mr. Bucha
nan’s Administration would bo In a minority in
tbo two housosof Congress. Tho confession that
“ tbo Constitution certainly does not establish
slavory in the Territories, nor anywhere else,”
was made, and tbo position that slavery may b©
protected la tho Territories under the laws of other
States assumed, as nn expedient to avoid the ne
cessity of supporting a Congressional slave cod©.
Tho confession that tho people of the Territories
mny exorcise legislative powers over all rightful
Bubleots of legislation pertaining to life, liberty,
and property, was made as an expedient to avoid
the odium of advooating a right without a remedy,
by showing that the Territorial Legislature might
lawfully nnd rightfully pass all laws and
prescribe all judicial remedies necessary for the
protection of property of every description, slavery
included. Tho declaration that it uan insult to
the Amerioan people to suppose that the pcoplo of
the Territories, when left free to mahngo tneirowu
affairs In their own way, would be guilty of “legis-
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lativo robbery,” would confiscate private property,
seize it in mere spite, Ac., was deemed a oeeesary
expedient for the purpose of proving that the peopto
might safely be trusted to furnish the protocaoo
and provide the remedies,' without which Mares
could not be held, and slave property protected in
the Territories under the laws of other States.
I shall not reopen the discussion of the Bred
Scott decision, hut rest that part of. the ease upon
a few extracts from a pamphlet recently published
by the lion. Reverdy Johnson. It will be remem
bered that Mr. Johnson was the leading counsel in
the argument (on what Is sometimes called tbe
Southern tide) of the Bred Soott ease, and that his
argument became the basis upon which the opinion
?v c ?. u ri rests. It mar be presumed, therefore,
that he baa some knowledge of the points argued
and decided in that case. Although Mr. Johnson’s
Tmmphlet was pnblishcd, circulated, and for sale In
U™ I 1 “I* before the publication of Judge
Black a rclomder, he has not ventured to take any
other notice of it -than a scurrilous attack in his
organ, when he is known to be in the habit of
praising htmself and bis own productions as*
safline and belittling his adversaries.
With these extracts from Mr. Johnson’s unan
swerable argument, I shall close all 1 have to say
for the'preseht in relation to Judge Black:
f 4 (i has. however, bean tboa*ht, end this, too, br kcq
tlcraea of anquestiemed ability, that tbe Busrese Court,
tathsc&seaoofteirrererredtn.itbe Bred Scott ease.)
ha* decided that such eovrrdoes not reside ia a Terri
toriitl uorersment. This, it te submitted, is a mlsooe*
ception of the decuion. The siu*ls cnesticu before
the coart ia this connection was whether Camnrees
poes«»e«.the power to prohibit the introduction of stave
property into a Territory? In nibor it adversely, the
court does not »y or urtiawte, that sack property in a
Tcmtqry has other safezuards, or that the owner ia
entitled to any further protection in its enjoyment, than
exists in regard toother kinds of property. A sentence
nrtwo from the ephtioii of the Chief Jcsbee via. itu
believed, make this phua. * • » •
44 This beinr obvionslr the doctrine of the eoeit. it
necessarily follows that whatever a CoestitatiAsal Go
vernment can do m retard to any other kind of proper
ty it can do in regard to this. )f any other kind may be
I rxcluued. tins may be excluded; ir any other kind may
I re more or less, or not at all- protected by taciabtiov.
I the same is true as to this. If anv other, after its local
I introduction,.can be upon poblic Vrotxnda, excluded or
al»Uihod, it im »Uo tbe C3*e as to this, it is but same
ness. identity or title, ahd 'protection, which the wrrt
maintauw, not in tariff or paramount—that all stand ou
the same footiDg, liable alike to the same rnstrietioas
*outled to the same guarantees.
Property to exempt it
•to® TefntonaJ legulasive power/ What is thereto
juasa it the peculiar and miute doty of sooh n power to
fextslnte for tta adrninoa or wrotaetioii? If it bs bat
property.and, as such,en!v embraced by coostitstiewsl
suarsnteee. it mast share the condition of aft Kher pro
perty. and, therefore, be snhjeot to lestriaurw
power. If this is aot true, the Temtonal stale would
be mtmret without lavs—be oaa of nature. Tfm siero
and prosperity of tbe people depend npoa laws defijuax
and re relating empattr. Without inch apevwrcfo
reity itself woo Id he in a great decree oat of the pafaof
protection. But if the power exists, it mat depend
upoq those who possess it; bow they wiS. in sar
particular case, exert it, or whether they w»U
exert it at all. These mnst rest with their in
telligence and sense of duty: Consreas has no
power bat to reeormse the Territorial Government, a
power which is theirs for lie nma rrmou that prone
the power in the first instance to ereatoit. Nor ea» it
beproperlyxoid that the aathority time contained tor
ex tt upon the assumption that sorereicnty * insides
with sueh a people.' i( by norereienty i* here meant an
abtomta and paramount power overall ether power, it
certainly is. not posers* d.' Bat if it is used ia n restrict
ed sense, ss involving only tbe power to do the things
supposed, when lecsteiive power is created to them in
rt.Mjon.toAfceirown internal eoneeras. cobj«ct to the
prohibition to be fonod in the Coustitotioa, and which,
in the Ungaaze of the court is another passage of the
opinion, in some instances 4 it would be mors urhtMs
to commit* to them, a* brine the most * competent to
determine what was best tot their own interests.' them
certainly rooh sovereignty is theirs. And this, *ad this
only, lithe rovsreiinty contended tor by Jadae Bong las
in bis article in Harper.” *•••-*•
44 Am ha* beeiTseeu* this doctrine is not only not ineca
■istent with the opinion of the Supreme Court, but
maintained by ttt primcirUt,"
Turning from Judge Black to Dr. Gwia, It is but
respectful to say a few words upon bis letter, which
illuminated tbe'columns of the central organ of
ray assailants the day previous to Judge Black’*
rejoinder. The identity of language, thought, and
stylo, which pervade? the twu productions, white
rejecting the idea that they could have been writ
ten with tbo same pen. furnishes conclusive evi
dence that great men will think alike when in the
same pen. Tor example:
Dr. Uwin says;
44 Tk* dtftrout sstwfxx ’JJb, BorotAs sso tw*
Dswocratic pa art, sustained by this deeistoa of the
Supretaa Court of the United States, ir this,'* kc~> *c.
Judge Black saya :
14 The tckflle disputt (as far s* it is a doctrinal dtaputo)
TiErwfntx Ma.DorcLAs a sen rax Bxwocxatic pas it
tut substamuallp ia iktse iita prerotititut 4o-
This coincldenee, without weavying (be render
with other examples, will suffice to shew the
unity of purpose and harmony of dengn with
which my assailants pome me. To sepa
rate 4< .Mr. Douglas” from the 44 Democratic
party” seems to be the patriotic end to which they
all aim. They may as well make up their mtnda
to believe, If they have oot already been convinced
of the feet by the bitter experience of the last two
years, that the tlciag outsit be done* I gave
them notice, at the initial point of this erusade,
that no man or set of men on earth, save one,
could separate me from the Democratic party;
and as i was that one, and the only oue who lid
tbo power, I did sot Intend to do it zeysel t, nor
permit it to be doo« by others !
English Opinions orihe Jlarper’s Ferry
Outbreak*
(From the London Times, Nor. 1]
Of eo arse there esq be bat one Issue to (h£i fital
i*h and wicked enterprise. The insurgent* will,
17 f»to, giro a wanting to aU who may dream
a scheme to be formed and canned out is not the
less threatening. When a few Papists planned the
blowing up of the English Parliament, the ehaaees
of success were desperate, but (he act showed that
there existed elements of danger in the Btate. Hot
can It ho doubted that with skilfol and audacious
leadership, the colored people of Virginia would
bo capablo of inflicting terrible calamities on their
masters. With men who would sot their tires on the
cost, and who cared tor nothing provided liberty,
or at least revenge, were gained, an insurrec
tion would be formidable. The blacks of this
part of the Union are more instructed than far
ther South, where slave life is one round of
toil; there are a great number of molattoei, many
free negroes, and a good many poor whites, some of
whom might be expected to take part In any out
break. All ibis population has, by contact with
the more civilized regions, acquired knowledge
and feelings which, perhaps hardly exist in Ala
bama. They, know enough to become discontented
with their condition, but not enough to feel the ut
ter madness of a struggle with the American peo
ple. Our correspondent expresses probably the
common opinion when ho says that the plot was
widespread, and that tbe premature outbreak has
probably saved the country from a deluge of blood.
The Insurgents, we can easily believe, thought that
the seizure of a Government establishment, and the
possession of rifles and' cannon, would encourage
the.wbole population to rise against their masters.
Fsrty-eigbt hours mijght have been enough to make
half the plantation* m the State the scenes of the
foulest crimes. The isolated and uaprepared fami
lies in tho-country districts might have been set
upon by their maddened slaves, and the whole sys
tem of slavcholding been so shaken as to necessi
tate some plan oi abolition.
This, at least, seems to have been the design of
tho leaders. That they eoald have expected to con
quer the United States Executive In a servile war,
and to turn Virginia and Maryland into free States
through victories gained by rebellious negroes,
seema out of tho question. America is not like one
of our own bland colonies, where the.ncgroes out
number the whites many fold. Io the districts
where this outbreak took place the whites are pro
bably superior In number to the colored population.
They are all armed, and accustomed almost from
childhood to the use of their weapons. The cir
cumstances in which they are placed have given
them an aptitude for something tike millteo or
ganization, and they have continually before their
eyes the necessity of preserving order among the
African r&oo. Wo may be sure that after the first
surprise the white men in every American State
would take prompt and efibotual measures to
crush rebellion, though probably not soon enough
to prevent the commission of many atrocities.
This fact add 3 much to the guilt of the
men who organized this scheme. Nothing but sick
ening and oootless slaughter could come ofit; first,
tbo slaughter of white families by their slaves,
ami then tho bloody revenge of toe exasperated
masters.
We will not affect to indulge the hope that the
Commonwealths of Virginia and Maryland will be
moved by this event tolake into consideration the
extinction of slavery. Patting aside the fact that
such outbreaks generally steel the heart instead of
softening it, and that the yoko Is likely to be
prewed down more heavily than ever on negro
neeks, theroarc the great inducements of gain and
fear to support the system. Cotton is produced
now in vaster quantities than ever, and the value
of negro labor t 3 continually rising. The price of
nogroe* is nearly double wnat it was some years
back, for tho increase by breeding does not keep
pace with the demand for the newly-settled coun
try. As long as Virginia supplies the dealers of
the South with profit to herself, so long will owners
keep a firm grasp on their human property.
{From the London Daily News, N0v.2.)
It may be some time before w e can know with
certainty tho origin and coarse of tho insurrection
at Harper’s Ferry, but whether it is the work of
free blacks or slaves, whether a conspiracy or an
outbreak of sudden rage, there can bo nothing
wonderful in it. however regretfully it may be re
garded by the best friends of humanity, while and
black.
ilarfWr’s Ferry is particularly well and very dar
ingly chosen, if chosen at all, as the seat of an in
surrection. On the frontier between Virginia and
Maryland, at tho confluence of great riven, and
the junction of State railways, and the cen
tre of a net of telegraphic wires, it would
have been a post of groat importance even
if there had not been an arsenal from which
a great negro population might be armed. If
the recent mooes of the masters and the Stato
politicians had been less fierce, and their language
and acts less oppressive, we might have Bored
that tho parties might h&re come to fair terms De
fore much mischief is done. As it is, we cannot
but dread the reflection of the tyrannical temper
of tho masters in the vindictive conduct of the
slaves. lho shown wonderful pa
tience, and, on'occasion, a very remarkable gene
rosity; but tho Maryland slave-traders and free
negro haters have not appealed to the best, but to
tho worst, parts of human nature in their recent
dealings with thoir precarious human property,
and there may well bo apprehension of the result.
We mean only as to what may have been done in
the first outbreak. No doubt the rising would be
immediately put down by the Federal and State
forces. This is to hoped on every account, for
the doom of slavery in the Republic, especially in
tho frontier States, and, above all, in Maryland, is
so clear and so closely impending, that every
breach of order is likely to be a more misehief—
an Impediment, and no furtherance. If tha mas
ters were wise they would know bow to turn the
occasion to advantage for getting rid of their
burden and curse “but Maryland slaveholders,
who cannot bear the presence of the free negro on
any foot of soil in the State, are not wise, and. they
will doubUess make the worgt of their own case.
Death oi Prominent Citizens of Ala*
bama*
Montgovxrt, Ala., Nov. 17.—John B. Murphy
and Win. Parkin, prominent business men of this
city, died on Wednesday last
Death of Ex-Gor. Gilmer, of Georgia*
AcarstA, Ga.,‘ Nor. 17.—Ex-Governor Gilmer
died at Lexington, Georgia, after wrerii menth*’
illness.