M'Kean County Democrat. (Smethport, M'Kean County, Pa.) 1858-186?, September 29, 1859, Image 1

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VOL. 2.
litfican (County Eleinotia
blOßpa;co,.
- ..By J. B. 01/IATT,
SMETHPORT, M'ICEAN' 1 "couNTy, PA
TERMS:::," , ;' ,',- •;..1 . -:; $l6O .n Advance
, . • ~ •
Rates of . Adv ertising.
1 Column one year . ' '
• • six. ... ..
. " .... : .
Ono square of 12 lineis or less, 3 insertienii,.
klaeh subsequent • • • .• 25
Buninese Cards, with paper,..:.. ' ... 5 00
' Rule -or • figure work.will be double .the .above rates.
Twelve ilnes Brovlel type, or tight • lines nonpareil, is
These Terms will ho ntricyj adhered to, •
.f3iisiit.c . o6 , ...= - 10itcttOt1) . ,.
Ji. iI.•.HAAILIN •• ; • •• • •
Butiejor, Draftsman DOnveyinier, and'. Beal Estate,
Agent. ' l3Metbporti 51 , 11 e an county,
•• . .
• • • ^ B. F. WRIGHT ' •
, •
Wholesale and Retail ;Dealer in'Family . o,foaeriesi Pork,
Salt,.*Feed i . Boots and Showy, keY, Sce. • Store
In the Astor Heise Block, Sinethport P7X.. ••
. .
'Wholesale .and Retatl Dealer -in.PrOVI4OI3S and Patin) :
Oroeertea; Flour, Meal, Fee 4, -Pork, Salt, &e.
. Store at Eaton* old staid. Term . p,:,Caatt.. Swath-
A;'N. TAYLOR,
•
.. . .
*Dealeila Dry: Goods , Ofoceriaa,".POric; Flour ; Salt, Vial
Itgady. 7 litacle Clpthing, 'Boots and Shoos.. Smathport
•- •
-. ••• WILLIAM viractEr, .. •
.
Piactieal..Mechanie, .1111ilwrIght; ••Orldie-bulkier, he
Port Allegheny,. Isl. , Heau county, Pa. ,• • . • .
- • • J... • ' ' •
ST.TII.V.EtOII., PTiAFTSiI AN; CONVEYANCER and !Coal.
Esiafe Agents Willianiaville, Peon'n
Chapin Sr; Doyle,
:lion. Thomna-Strather.4,
w. 8. Brownell,; Ne g. .;
Hon: A. 1.. Wilcox.,
- •
• • • CABiliEll SOUSE, •
•
.joatt.ll, Mitt, Pionrietor. coiner of *Ater and Hickory
.' Streets, Warrep ; Pa.. Geueial Stage office.'
J. C. BACKUS & CO
•
•
. ,
General Dettloff' in Dry. Goods. Grocerdee, • Crockery
' Panay-Mido.Clothinc . ,.llnoto arid Slioea,,llati and Cdba•
opposite the Cotrrt Houae,.Bmeatp.ort,Pri.:
FOBES HOUSE,
• •
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.
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fronting the .Peblie Square, 'Eileen. N,',Y, -3.tativi M.
‘MtLtatit. , Preprietor. The Polies Meuse, is entirely new
. and built of brick, and la furnished In moderin_atyle.
:Vie' proprietor flatters himself that' his ecrenimodn.
• lions are not eurpaseed by any hotel in Western N.w
..Tork. - . Clarrimea Inn to and trout the Neu-York and
. firie Rail Road. ~.- ' • . •" ,—' .. ' 34.4 f.
BYRON D: HAMLIN;
Arronggy Bniethpoit; M'Kenn .County..Pa.`,
Agent for. Bfeenrn.ffentin f k Co's. LAnde. . 'Attends
'expeetally to the Collection - of Ctainniti'Examinatfon of
'
Lod TRIO; Pn7ment of...faxen, nnTall bit/di:ICOR reln•
:ling to Real Setate.. Orneeijo .11amliti Block. •
GREETS ROTEL
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1) A. Witt:int, Proprletor, 7 st Kinsua. Warren county.
•
Pe. , UM Table twill be. supplied with 'the best the
country afforde;end ho spare, no paini in itecornoiletisp.
hie guests. . • . ,
E. BOUGHTON' ELDRED,.
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Attorney and Counsellor ..ta‘Law, .Smethport, BPKean
• • .County, •P. . Ilualneem entrusted t6,21i4 . mi . °. fo r the
• annnties of pi , kenb, Potter and Elk will be promptly
• attended to CI.ONe in tbe.Court Bons a, ;secondAloor.'
• •• • DR::L: R. WISNER, ' ' •
Physician ; iinitSurgeon, Snmittiport, Pa, .will attend to
all professional calla with promptness: Office In Sart
' 'weillidocti, second odor, ' , •
S. BUTLER , ' Bc, CO.,
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Wholesale and R , obil Dna!era in Staple and' Fancy pry—
' - Goode, Carpeting, Ready,Made Clothing, and CI eneral
' Irtirnishing 'Roods, ildota and Shoos, Wall and Windon.
Paper, Looking Cllaeilea ke. ;At Olean. N. Y. ~ • . .
PENNETT ROUSE,
. „ •
F m etbport, Kean Co., Pa, .D ; It: Beeerr, f.roprie
bor—'-oppoatte the Court ileum' A new large, con]
modious.and 'irell.furelehed houso: '
;TOHA.C. BACKUS,
. .
. „ .. .
kttofney and Couusetior at T,nw, Sniothnort*:•M'Kenn Co
Pa, -. ' Will attend to all bneinesein his profession in the
• ' counties of M'Kean, Pater and Elk.:. .ofiloe over V. ..K.'
' Sartafell &Brothers' Store.. . ' • •• ' , .
• • . .
•
. . •.. ',..• !.. RACIMEY...HPIISE,. .
lJorner-of Second and Liberty streets; Warren Pa,. R.
Dianna, Propriatoi.,„ Travelers will find. good ac
commodations and reaionapla charges:. ' .;
E. B.•MASON,
Dealer In Staves, Tin Ware, Japtouied Ware, .&0., west
side 'or the .Public Of:y.l.re, Smethport, Pa:: Custom
.work' one, to:order on the Shortest, notme and in 'the
moat substantial manner. - • •
W: B. BROWNELL,
. .
Dealer In Dry Goode, , Gineei . lee t Cronlcory, Hardware,
&An, Shoes; Hate; Qapn, Glaen, 'NAM, Ofla, dc &c.
peat elde of the Square,,Brnethporf, P.
A. ;1.'070,
. . . , .. . . . . . . .. , , .
Denier in 'Provisions and Family .G rinerl ea geonrally',:at
partneri -Valley,. IlloConn 00,, Pa. 'Grain pund,Or,
Ahingleffe.Bco.,,taken la , exchange (or a oas. Pitent
Medlciaea for. said. • ~ .- .. "
HOTEL,
B. r,..kinife.. Proprietor,—Allegheny.- llrldke,.
•
Op ? Vs. i houep n'itnated about nine' miles from
SmethpOrt on the road to Olean, add will bo found a
iotivenientetopplog'-oppe • , • •.,
-* '
, EXPORIIIN ROUSE . '
ShippOn, Wlionu.Oo., Pe.. Li onAso Voog, P . rOprie!ort
A Ooommaious and well-furnishod . . hoOoe. - Strangero
sud taaveleve will fled good noothumodatioOs,y.
FARMERS' VALLEY HOTEL,'
. .
lly..T..Goopwor. This h'ouse is situated /Omit .flfe mile °
' from amosthporton the road to Olean.. P 'often re partle"
and'otlichetan be accommodated on the ehorteitnottee•
ELDRED HALF-WAX; HOUSE;
NeinAN Ostinia,?.rolirintor.• This. lsouaO la situated hal'
• warbetween Smettiport'apd Olean'. • If you want a good
,dinner this la thO' ninon to atop. , -.• •
OHORDIEI CORWIN,
. .
. .
Proprietor of the'GrTati Mill, 'at Idechaulesimrg, Mc ,
Kean NUfiti Pa: 11611 r.. Mail . , '
anti Feed, constantly
.on hand and for male, in hirge 'lndianian quanta ties.
RAILROAD HOUSE.
'Osinmeeen, , .•Propiirter:, 'Norßictr, 111 , Ne1113 CO.,
Pa., Geed accounoodatioue CPU be had there et all
.; . .
• " : • POIT: AttEdANY HOUSE;Etiooq
•• .
•
n: DOLtaf,". riontlitnri Allegsny,
Atc-
KeanQouoty 'This Hotel- is altuats4 it the June.
flop of the Snsothport sac' Allegany nivet ; londi, nine
'nips Bmethpnit.'- ' . • .
ASTOR ~_tio:UsEi
• . SNFAIIIPPAT. itiiIVEAN Co" 'Pa.
,WEL- :HASKELL., ; : • Proprietor.
The Proprietor /laving recently purchaeod• and thor
oiijily refitted the Astor Ilaufie t fiattera hiracolf that ho
can furnishes good aceorrntodationa as any hotel in West.
ern Pcoosylvania, • • ;
TERRITORIAL SLAVERY QUESTION;
'ritories,.andinSiat that it it the duty of the Judi
ciary to maintain . itfhere ibitkinet''any
law: up
on the subject: We do not ohargehim With any
'intention to.. lie unfelt j but sve assert:lhat.be'
basin . fatt,done Wrong to,
ilkent laths 'of the rperty; by. • attempting to, put
them on giounds' which they. never lehOse for
Harper 111 - . 1 foi'..Semetlit:tir,
.1859. .11171Psel-‘"es'-
ON'` EENATOII pOUGLAS , • VIEWS OF • FOFE1:411
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. - 12 00
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. Every :one knOws that Mr.Dotiglae, the Sen.
ator, from Illinois,' has , written and printed 'an
elaborate' essay,' comprising ,. .thirty-eight col..
'utritis:ofHarper's irdzine, in;-whiehhe has
undertaken to point ou t the 26 c'diviling:line
,
tween federal end focal authority.','. , :' . Very
many persoas have glanced' over its paragraphs
to'leatCh - the leading•ideas loss' of tirn.).
and' some few have probably. read it with
Those who essentifrom the'doctrlneS of this
paper Oise 'tn its author, if not to his arguments,
a most respectful answer. Mr. Douglas not
the man to be treated with a . disdainfUr
His.ability iS a faat:unquestiOned ;,his public
, aree . q in the face of.Man3 disadvantages, has,
been uncomOnly succeisful.; and'he hasbeen for
many
. years i'wOrking, struggling candidate'
for"tho:preaiderci. He is,'Moreoier,•thecory
pheits,of his political seetthe;founder of a new
SchoolL,andhis;dicipleinaturally believe iti the
infallible verity of, his .wards as a' part.of their
The style of the artiele.is; in some, respects;
highly ctirrimenclable.. i It is entirely:free frets!
the. Vulgar,'clap-irap of .thcsturrip ;. has no vain,
adornment of classical scholarship ; it shows no.
sign'oethe eloquent Senator; it is even With:
outs. the logic - tif.ihe'greatAehater, Many por
tioni of 'it'are very 'obscure:' It seems to'•be
an uesnecesSful effoftfat legal preci s ion;
the vvritiitg'cif a judge, Whoks trying in vaitite
giVe good reasons forawroniilecisionon.a
tion.of law which' he hasnoiqiiite' mastered..
With the help of .Messrs:
ycoln,: he has .'defined aecuiately • enough... the
:platfOrm of the so-'ealled . Republican Paity;.and
he does not attempt, • tO'cOnceal his 'conviction
t.hat their doctrines are,' in the lastdegiei,
gerous. They are; most : assuredly, full of evil
and saturated with mischief. The irrepiesi
'ble conflict ".Which.they speak Of with so much.
..pleasure between the opposing
. and • enduring.
forces " of ''th'e Noithein• and ;Southern. States,
Will be, fatal, not. merely . .to' the -Peaceof the
.. • .
country,: .to .existence Of. the GoVernmeM .
itself.. Mr:Douglas knows this, anti he knowsi•
that the DemOcratic 'party .is the : only:
power which is; or can he,.or4anized . . to resist
the Republican foices,or• oppose , . their hostile,
mtirch upon' the capital. Be Who diVides and
Weakens the friends '_of. theeinifitiy 'at &tells'
crisis in her . foyttines, assumes a-very grave re-
Ridgway, Pa,
...W.irYgn. Pa.
Smethanrt,
—.•Buena Vista. Pa.
separiites the Derriocra•tie-par
ty Into. three Classes, and.,diyides. thuiv fel
Firsi..,Thoselwho believe the't the' C:inititu
tion of the Unit'ed States neither establishes nor.
prohibits slavery in the. States or Territories
beyond the power of the people legally to' coif-,
trol it, but g leaves the people thereof perfect,
ly free to form 'arid regulate,their .domestic in
stitutions in their own . way; subject only . io the
oristitution of the United.Siates.' . • •
. •
.•.•"Seco7(l. Those who believe' that the Con 7
atitution. establishes slav:eiy.in the Territories;
and Wilbholdi from Congress and, the Territo
rial Legisliture the p . owen to control it, and
who insist that, in the event' , the Territorial
Legielature fails to enact the requiiito laws for
its protection, it behomee the.imperative' dtity
Of Congress' to inferPdse its authority and fur- .
nish protection. • • ; .
.• •• • -•
ce whii, while Kcifessidg to.be
sieve that.the,•Constitution •establishes slavery
in'the Territories beyond the power of Congress,
on the. Territorial Legislature to control it, at
the. same time; protest against, the duty of COn.:
gress to interfere:for itsprotection; but insist
that it is the...duty of the Judiciary to protect
and maintain, slavery in the Territories without
any law upon the, subject." • •
• •
We give Mr: . Thauglass the full benefit of his'
own
.statement.. This his mode of expres
sing those differences, which,. he says; disturb
the harmony, and threaten the -.integrity, - of
the . ' Atiferican Democracy.' These" passages.
should, therefere,• he most carefully consider-'
The first' class is the' one to which-he. 'him
self. belongs,, and to, both the . others he is
ecpially, opposed. Ho has no rightlto camels=
tweet]. the second, and'. third class. If the dif
ference which . he
.speaks of does exist among
.his . opponents, it , is their business,
.not his, to
settle it or :fight,l4 out. : We:shall,*therefore)
confine ourselves.tothe e dispute . I:tereen Mr.
Douglas 'and
.hisloklovr'eis.oi . r the oneland,.and
the rest of the democratic partron the other, pre-'
Burning that he will be. , willing to observe the'
principle Of. non=intervention in all ynaftere with
which he has no concern.. •.: . ,
..We s will divert :the' ()Hari') .
discussed
,the subjec t , and endeiivor to. try and
1. That he has not corieetly stated the „doe
..
trine held by.his opponent ;- and,.. •
2... That . his• own opinions, .as given by him = 7
self, are altogether unbound',
.1., fie etiye . 'that 'certain. pOrtipo . of the D
mocratic party believe orprofess to' belieye
the Coustitiitian eitablidies
.5MK1T1P0117,.' . 1111'4.8AN..CQV1NT1( . ...P . .8:,: - .,TOLT,I.I,SPAY,s '1F,P.TV,11113.E.tt,..1'20;.;-.1,185'
.theriVohirigton Ciinstitution
SOVEIahrONTY
./44: - ENPRiSB ED.
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t : The Oonstittition certainly does' not-sip: lick
alovery.in•tlie- Territories, nor anywhere else.
Nobody in this , countryever thought or said so:
But .the-bonstitutiop regarde•as•antred and in- .
violable all the rights Which a citiien magic .
gaily acquire in a Btaie. - -If •a. man acquires
property of any'kirid in State,' and goes with
it, into a Territory; he is not for that reason t 0,,.
be stripped of it.. Our simple and plain:Propo- .
sition is,. that the legal. owner of • ti" 'slave or
Other chattel may go with It into a . Federal
Territory without forfeiting lie title.
Who denies the truth of this, and upon , what
grounds can it .he•controverted 1. The' reasons
which suPport it are very -ebvlous arid 'very
.conclusive.. :As rt jurist:and Statesman, Mr.
tiouglai 'might •to belamiliar •With, therri,and
there was a time when he Wissupposed ta'un
derstand them .very
. well. • We.. will ; briefly
give him a fevv' cif them. .1.. -• • •
1. Iti.atin ".axiornitic principle ofpublic ,law
that a right•of Property r a private relation; con
dition, or status,. lawfully existing in one State
orkuntry, is riot'clianged bY the mere removal
of the parties to another :countrY;, unless the
law. of thai.other country bein direct conflict
vvith it. Forinstank: A-marriage legally std..
emnized in.Ftntce is , binding in AmeriCa; chit
dien born' in Oermany.are, legitimate here' if
they are legitimate there; and a merchant who
buys goods in New'York according to th' e tawa
of that State may 'carry them . to Illinois and
hold them there under his contract. .It is . pre 7 .
sisely so-with
. the status of a negr:i carried
from'one part of the I:l",nited- States • to . another.i .
the question othiafreedoin•diksorVitiide depends
'on•the law of the place where he * came from,
arid depends on'-that alone, if there be no con,
flictinglaW at the place to whichihe goes or is
,taken. The'. Federal Consiitntion, therefore,
recognizes slavery age legal "condition wherever
the local governments have chOsin te let it
.stand Unabolished, and regards it as illegal
Wherever the laws of the place hav'e forbidden .
it, -A slave being property in:Virginia, remains.
.property, and hisinaSter the . rights
Virginia masterycherever he may go, so that he
to. not into a place. Where the' loeal•law comes
in conflict with .his right. It will not be pre-:
'tended that the COnstitution itself ftirnishes•to
.fhe Territeries a conflicting laW. It contains.
no provision that can be , tortured into any sem
blance of prciibitinn'... : • •
2. The dispute on the question whether ea=
very Or: freedom.. local or general, is. Mere
war'of Words : ''Theblacic.race in this country
is; neither bond nor free .byt.virtue of. any•genet.
rallaw. 'That portion of it which : is free; is
free by virtue'Of seine local regulation, and the
Slave owes service for a similar Mason. The
Constitution and laws of the ' United States
declare that everything donein . the premia
ses by the, State Government "is right, and they
shall be proteeted:in carrying ' it out. . . But free
eegroes and'slaves may find theinielves outside
. .
of any State : juristfictien, and in a :Territory
'where •noregulation has yet beep made on the
subject. There the COnstitutiOn is equally -iM
partial: It neither.frUee the - slave nor enslaves
thelreeman. .'requires both to.remaiu stops
gigs until the rrtith,s , already impressed upon
them by the 10i.atheiprevidus domicil, shall
be changed by some competent local authority.
What is competent - local authmity in a Territo-'
ry will be elsewhere considered. .
3. The Federal Constitution carefully guards
the rights of. Private properly againstthe Fed
eral acvernrontittself, by/declaring that it shall
not be, taken for Wilk use without .compen
sation; nor Without due process of law. Slaves
ar'e'private . .preperfy, and .every man who:ha's
taken an'oath'ef fidelity to the Constitution, is
religiously,, morally, and , politically bountl . to
regard them 'as such. hoes anybody 'suppose.
that tiConstitution which acknowledges the
sacrednes of private 'property sefully would
wantonly destroy thit,right, not by any worts
tht&.are found but by mere . implication
.from its general Principles? .It'rnight•as well
be 't'asserted that the general viinciples .of,the
Constitution.gave Lane and Mootgomery a IL
cense to'steal horses in the valley of the Os
age.
. ..
4. The SuprenieCoult.of the United. States
has decided the. question. After Solemn argu
inent
and 'cat Old consideration, that august. tri-
anal has; announced its opinion to he 'that a
sin liolder;.by going into a Federal Territory,
does not lose the title he had to his:oegro, in the
State from Whichhe came. In for Mer times, a
*te
scion of constitutional law once decided by.'
theSuPrerrie Court' was iegarded as settled • by
all, except that little band of ribald infidels, Whp
meet, periodically •at Boston blaspheme 'the
religion and plot teltelliOn'against.theT a ira of
the,eofintry., The leaders of the so-called Re-:
publican party have lately :been treadi4 close
upon thehe'els of ihe•abolifion biethern but it'
is devoutedly to be hoped that:Mr. Douglas has
no Intention to follow tht4i'eXample. In case
he. it eleeted,Pre.sident, see
faith ' fully executed, :Does hathinkhotan keep
that oath by fighting the judiciary ? " .1
6. The legislative history of the :CoinifrY
shows` that ell•the great stateranen 'of , former
times entertained the sear 'opinion, end held it
sofirinly, that they did not even, think of any
other:. It- 'was universally•taken for granted
that a .slaxe remained sleve,• and
freeman a freeman, in the.new Territory, until
a change was - inane in their condition by some
posiiivo - enactment. -Nobody believed that a
slavethight not haie taken to, and' kept in the
NerthWest Teiritery; . the ordinance of 1787
or some other 'regulation had not.been made to
prohibit jt; , The Missouri restriction of 1820
was imposed hileiy . because it was understood
(probably - by everywneinber.of Congress) diet,.
in the absence of : ereatriction, slave proper.
ty would be es lawful hi the' eye of the; Consti
tutionabove 36 deg. 30 min..asbelow . ; arid,all
agreed that the , mere ebscence of * restriction
did, in fact, make it lawful Wrier the compre
•
6. It is right to learn.wis:dom from ourezte-
Ties. The Republieans do not point to any t ex
pressprovision of the:Constituticin, norto tiny
general prin c iple einbraced iri nor to any es
tablished rule of which sustains their
views. The'ablest men:among them ire' driy
en by•stress of necessity to hunt for argumenta
in a code unrevealed, unwritten anal undefined*
which, they pat above the Constitution , or the
Bible. and, call it. !g higher 'law." The ultra
at4litionists of New England do not dezy that
the Constitution is rightly interpreted by the
Democrats, as not' interferi ng_itgainst shivery
in the Territories ;
, but they disdain to obey
what they pronounce to,be " an agreement with
death; and' a covenant , with hell." .'
7. What did:Mr. Douglasi Inean when • he
proposed. and voted' for the Kansas• Nebraska
hill repealing•Th'e Missouri restriction? • Did
he intend' to 'tell Southern men that, notivith
standing the repeal of.the piohibition, they were
excluded froth those Territories au much as
ever.?. Or did he not regard the right of I*
matter to his slave perfectly good vilieneicr. he
got rid of the prohibition.? Did. ke,'or 'anybody
r else at that time,' dream - that it was necessary:
to make a positive law in favor of he alive hol
der before he could go there with safety To,
ask these questions 'is to answer them.' The
iCansaslNebresica bill was not•meant as a delu
sion or a snare. It was well unaentood that
. the repeal alone of the restriction against slave
ry would t throw the country open'to everything
which the• Constitution. recognized Is proper
ty. •
'We have Ads given whit: we .believe to be.
the Opin ions held.by the great . body of the deity .
°civic Pa rty 7 barriely, 'that the Fed e ral Can_
stitution doe s not establish slavery anywhere -
in theDnion that it Permits a black man to be
either servitude or made free as the'
callayr shall'decide; and' that - in a Territory
where no local la* on the subject had been en
acted, 'it keeps both 'the slave . and the„free ne
gro in the, status already impressed apcmthem,
until it shall be changed by 'competent loca l
authority: We have seen that this is sustained
by the 'reason the , thing, by a Arent princiPle
Of public law, by the words orthe constitution;
by a solemn decision of the Supreme Court,' by'
the whole course of our legislation, by the con
cessiorrof opponints t and, finally,
by'the
. impertant act in the life of Mr. Douglas
Mr. Douglas immites another , absurdity to his
opponents when he Charges them with insisting
.t that it is the duty of the judiciarY to protect
and maintain slavery in the Territoriee without
any law npon the übj e e ", The. judge who
acts without law against ; law; and surely no
sentiment so atrocious air this was ever en er-
I ained by. any portion of the Demoaratic par
The tight •of • a master to the services of ,his
,slave in '.a Territory is not against live, nor
without law, but in full accordance with law.
If the law be against it.we are all against it--•
ties not the emigrant to Nebraska alegal right
'to thes ox -team; .which. he • bought in Ohio, to
'haul him .over the • plains
,Is not Isis title as
good to it as it was in the State where he'got
it 1 And what Should be lined of a judge who
tells, him that 6t is not protected, or that he is
maintained, in the passessiOn of his , property
.f without any law upon the subject P+ '•
• It. • We' had a right to expect from Mr. . Diu
glas at least a clear and , intelligible e/efinition of
his 'own doctrine.
.We aredisappointed It is
hardly possible to 'conceive anything more dif
ficult to comprehend. .We :will transcribe it
again;
,and do .what can 'be' done to analyze'
"'Those who believe that the ConstitutiOn
the ,United States tleither, establishes tior,pro - ,
hibits slavery in'the States or Territories be,
mid the power, of the people legally to control
it, but ?:leaver,the people thereof perfectly free
to form and regulate. their doinestic institutione
in their own way, subject only . to the Constitu•
On of the. United States..i.,"
The beitatitution . neither 'ettnhlithes nor pro
hibits shivery in the 'States or Territor . ies,: If it
be meant by this the Constitution does not pro
prio nigore,xithkr ernancipati any man's slave
or create the conditionof.slaviry and impose it.
ou.freenegroeS,, hnt, leaVes the inestion of eve-,
ry black mans's: pintos, in: the a s
Territories
.
well es in the Btateii to. be: determined by the
local law, then we .admit. it, for it is the very
same proposition:which we,have been tryifrg to
prove. But if,'op the contrary, it is to be un.
derstood as an assertion 'that the Constitution
.
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doce not permit a: masteriokitep his aave, or:
a free'negro to have his libirty, in All Otte of
the. Union Where the local lave does' not Inter. ;
fore` to.prevent it, then 'the error le not only •
very grave one, but is also abiord and self.
conttedictori , . • ,
.. •
.. 1 . •
CenstitatfoO r$ oil r, ti or p raid&
its, staverit in the States or Territories taloa the
potoott'oYthi people legally;to &intro! it; ' This is
sailing to POint.!fo•Point again. ••Of course a
eubject which is legally ; controlled cannot '
..be
heyond - .the pc4er that. controls it. 'But'the
question is, wkat constitutes legal control;
when the
: people of a Btate or Territory ars in a
condition,tdexerilie it f f
The Constitution of Calmar Statoi ',7° ,
naves the people pliantly free, • • • 'ail
subject only to the Cougititilon .of the Mailed,
States.',This carriee us round a full citile, and
drops us, precisely at , the place of beginning:*
That the Constitution leaves eivitybotly subjict
fo'the Constitution,`is enost ine. We are fir
from: denying -it: ..We never heatd, it daubted,
and'expect we never will. But the statement
af'-it proves nothing, defines. nothing, and ea.;
plains nothing. ..lt merely darkens the sultject,
se weirds, without meaning always do:
But notwithstanding all . this circuity of ex
piesston and conseqUent opaqueness of meaning
in the':magazine article of 'aft. Bougles,. we
think we can guess what . his opinions , ar
. or
wi l l be when be comes to reconsider the subject:
He will admit (et least he Will nottinderteke
to deny) that the statue of a negro,' whether of
servitue freedom, accompanies . .him whei
iver he.goes; and•adheies to him in ,every part,
of the -Union until be Meets' atone local , law
whlch.changes it. • • .
4 It 'will also,be agreed thatahe people' ar a
• •
State, : through .their Legislature, end the: pen-,
Id& of a'Territory, in the Constitution which
,they may frame preparatory to their'admission•
as a State, can regulate and control the condi
tion of the subject:blarV race with flair respecr•
tive jurisdictions, so as to make theni bond or
But . we here come to the point at whick
opinions diverge. Some' insist that no , citizen
can'he deprived of his property in slaves, or in ,
anything else,.user, by the provisions of a
State Legislature t, !Aide others contend that
en: unlimited control over privatit righti may
be exercised by, a TerritOrial Legislature
: as
the earliest eettleimentrare made. ' •
So. strong are.% the sentiments of Mr. Dou.
glee in favor - of the latter'doetrine, that if it be
not estaillshed : he threatn ens ,us :with, Ae.:
ward's " irceiwee'sible conflict," which, shall
endonly with' the unimaal abolitioreer the ut
iversal doMiaronef slavery On the other hind
the•Preaident; the Judges of the : Supreme Court,
nearly all the DeMocratic members of Congress,
the whole of the party South, and a very large
majority North', are penetrited with a convic
tion that.no such Omer is 'vested in a Territo
rial Legislature, and that those who . desire to.
confiscate 'Private property of any kind must
wait until they get a COnstitution Convention'
o r the machinery of a State. GovernMent into
their. hqnds. • We ventureto give' the following
reasons :for believing that. Mr. Douglas is in cr.-.
. .
.• The Supreme. Court has decided that al Terri
tarial Legislature has not the power, which he
claims for it..Thatalona ought to be sufficient.
There.can be no law, order, or security . for.
any Man's rights .unless thcludicial authority
of the country be upheld. Mr. Douglas may do
what ha pleases with" political Conventions and
party platforms, but we trust .
,he give to
the Supreme Court at least that decent respect
which non* but the most ultra lieriblicanshave.
The right of property is sacred, .and the first
Object of all human. gOvernrbent is to make' it
secure: Life is al weys unsafe . where property
is not fully protected: • . This is the experience
'ef every•peopie on earth, ancient and ,modern.
To secure private . property was a prigaiptil ob
ject of Magna Charta., !Charles L afterwards
attempted te ylolate it, but : the people rose up
on him, dragged to, the block, and severed his
bead from his body. At a still later period an.
other monarch for e kindred offence was driven
out of theceuritry, and died a fugitive and an out
cast.• Our own Revolution was provoked by that
slight invasion , upon the right of prOperty which
consisted in the exaction of a- trifling tax,—
There ia, no government in the' world which
would n6t bediigraced and endangered by win : .
toely sacrificing private property even to
small extent. , For . centuries past such outrages
have ceased. to' be committed in times of peace
among civilized nations'. • •
Slaves areregarded as property in the South
ern States. The people of that section buy'and
sell, and cirryonxif their,businees, provide for
their families;, and make their wills and divide
their inheritencei on that assumption :lc is
manifeit.,to,all who know .theeethat'no deubts,
ever •,crosielltbeir minds about the rightfulness
of holding such property. They believe they
have a direct warrarit . lbrlt, not only in the ex
Pi
mples of, the best men that ever , lived, but' in
the precepts of ,Divine' revelation , itself; -and,
they are thoroughly satisfied thet•theyelation,
of master and slave is the coolf.one which can
possibly exist, there between the end the
black race without reining tith. •, theipsaili
of the North may differ' lrom their liillovr4itf4
•zene of the South ;subjett," but,
knowing, is We alt de, that thes e lentiolvfit's
are sincerely and hoiiestly enteitained
cannot, wonder, that they feel the most anspeik..
able indignation when any:attempt is Madkto
interfere with their rights. Thil sentiment
results' naturally and sesessarl!Y hem their
education and habits of thinking. TheY'Mfit,
not, help it, any snore than intimated Mint the''
North can avoid Abhorring
• thief:eit
The, jurists, legislators, .and people of 1 •
Northern State,. booo4llwor'imand!!!",l4et.)
sieve, ad the right , of property le oilrhoto 07 ;Mir .,
own citizens within their otoWinrilfi n ietion., 'lt
is a remarkable ratr•',YarY we l t, worth notle
ing, that no Northern State ever passed • any law
to take a negro from his master. All 1140
tbr the:abolition of slavery bave operated tint' ' 4 "
on the unborn 'descendent' of tba 'Mr° .
sad the vested rights. masters' have not
been disturbed in the North any more mu tir
the South.
. ,
In every nation under Heaven, Minted, semi
barbarous, or savage, where slavery has existi;
ed in any, form at all analogous to ours, 'the
rights or the masters to:the control 'id their
slaves as property have been respectedi and on
no occasion has any Government struck at those
rights, except u it Would, strike at other prop
arty. Even the British Parliament, when it .
emancipated the West India alavoe, though 1t
was legielatini for a people three thousand
miles away and not represented, never denied
either the legal. or the natural right of 'the
slave owner. Slave& were admitted to- be
property, and the Government 'acknowledged
it by paying dick masters one , hundred mil
lions a dollars for the privilege of setting them
free. '
Here, then, is a species of propertY rbieb it
of traoseenderit impoTeaoce ,to the material in
terests of On South--vrhichAhe peoplir Of that
region think it right and meritorious':
eyeirof God and.good men to biriff—whichje •
'sanctioned by the general senile of all matiltitid•:
eniong 'whom it - hal existed -- which :. wen legal,..
only. .a•short .time ego,in the. Statel• of •ther....
Union, and was then treated tan sacred by
ry one of them—Which is . guirentied :to
!miter, as roma' as any other property par-...,
'staled by the . copetitutiopt'. , and'Mr.,Douglas '.'
elaime for the Territorial governMentelhe
right• of . confiscating . privateproper*" rittctbk
round that Moss govertoiiriti:' soviriffes"
—havu an uncontrollable and, independent pow
et over all.their Internet tiltaira. ..That'se
thinks that; a: Territorial; Leitslaturn
petent to take it away, We iay,,Nof
prima legislative power , . of: a' sovereign Siete::
alone ein deprive a nian•ot his property.:
This proposition . .ll:ao
'liked. and so universally ickdowledged;,lb4
any arginnent in its favor : would bts'n:: mire: . ~
Waste of wordeij ,
Mr. Douglas doee'rfot deny it,
and it did not require the.thousendth part of hit:
sagacity to see that it was , ;
,undeniable..:The'.!
'Tint which he thinks le td split the Domecre,..!•
cy and impale the nation.'
ly eircnieops,-thatit • Mast vanish into. thin air
as - soon es it comes to be examined;:. '
A ,Tenitorlfl gover,nrnent .nuireli ; 1
ional andiemporary. It is created by Contrai ''
tor tbenecestiary prevervition of
purpoies police. The prreip eoptitried
it arecaprestied in Abe organic sitimbicb
charter of Ito atietifice,. end' Whicd '_itiy bet
changed . or repealed at' the pleinoire otecipgresi.
In most. of thine este the power has. been
.
.
pressly reserved' to Corigress, - of. revising the •',l
.Territorial laws, andthe power to seises!. therm::
'masts without such' reservation. `'. This wares
tithed in the case Of JCsmois hy,.the moskstiv. - , f ,
tinguistiedienators in Ccmgress 0f,10.511.,;The, v ,
Presiitent • atipoints the. do veraor, and
ill other calkers whose appointment ii not sit!s=.::.
"ervrise:yrovided,for, dirctly `or :
Congress. 'oven the expense. of theTSisikort;„
of . governmint :out of the FMieretr,
yreeiury. The truth is, they have no attribute:
of sovereignty about ;'tleent.: The . lissini!'or•'
sovereignty consists s in tiring 'DO: . lepeViiii:ty - .
But a Teitiforiel government has, a superior
the United Stites , Governdient, upon. whose.
pleaeurelt is dependent foi its. very exiiteneis' •
• ,
—in whom iklives; end throve!, arukliai Ite'bv;• - .
ing—vibo'has triads and"`ettil unmake Li with
Where does this sovereign, authority tic
mire men of`their property come from/ mor, ,,
transcendent power] *filch even despbts tes
cautious about using, and which a constltati,
al monatch never' eserclees-=shoir-disCit k ,ltalli.g
into a Territorial, Legislative? • oSrell, ii , ;6100S;„;.,
not diop from the clouds:, it willnot`:ltst::',4' . itt 7 ,,.,
tended that it acconipanjes the ,eettletis
lets in the Territory before ite
Indeed it , is not;to tits,
ernment of a Territory s that 'gr.'-part ;-
it belongs. Thsdeollgte 4 lotuOliii,
er at the same time t‘tetilttaitki,,
government. But not s.:ltterfor. tebts ,
found in any 9fAin,re-ifct 0 4. 4 .7 . 110F.0
It is thus thet' r. , Ponglie * :brita4lo-4t - '
self out into nothing.
But if Cowes. worda,:pume.stetute
ly to Irv! this sor t 'or pow e r to the Terr.4 o4ll :
P un/ min t !' AlP,1: 14 1 11 . hi i-rA;; l4:foi6
the IregeralAfernnient ' "L doeknotrirw,
any control eyer men'eproperty.„
ties., , „ That ilia power dpee not,',
neiallniip,oprvAr;‘o o4l e ; :,
las admits. it Tully .ind it,. beirdies4.,,
established the solmint444l4l 4 hptelielma.„
by,the ascent ofthe EireentiVe;aild,ltyPrOir
rect ratyleatiora of
the, people f s t
primary, capacity at the, pa 115...! /If 0 41 4.404:1 4 )
all this,,the, Supreme Court have deliSMely.,.,
edjudged,. it to be, an
rule`ofconstittitional '
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