Inhaltsangabe
Excerpt from Remarks on Popular Sovereignty: As Maintained and Denied Respectively by Judge Douglas, and Attorney-General Black
And guarantees which have been provided for the protection of private property against the encroachments of the gov and, after referring to the fugitive clause as expressly affirming the right Of property in a slave, the Chief Justice thus concludes: And no word can be found in the Constitution which gives congress greater power over slave property, OR which entitles property OF that kind TO less protection than property OF any other description. All, therefore, that the Court has decided, is that slaves are property, as much so as any thing else that may be owned by man, and that such property is entitled to the same - not to less or greater - constitutional guarantees as any other description of property. This being Obviously the doctrine of the Court, it necessarily follows, that whatever a constitutional government can do in regard to any other kind Of property, it can do in regard to this. If any other kind may be excluded, this may be excluded; if any other kind may be more, or less, or not at all protected by legislation, the same is true as to this. If any other, after its legal introduction, can be, upon public grounds, excluded or abolished, it is also the case as to this. It is but sameness, identity of title and protection, which the Court maintains, not inferior or paramount - that all stand on the same footing, liable alike to the same restrictions and limitations, and entitled to the same guarantees. What is there in this species of property to exempt it from territo rial legislative power? What is there, to make it the peen liar and single duty of such a power to legislate for its admission or protection? If it be but property, and, as such, only embraced by constitutional guarantees, it must Share the condition of all other property, and therefore be subject to the legislative power. If this is not true, the ter ritorial State would be almost without laws,-be one of nature. The peace and prosperity of the people depend upon laws defining and regulating property. Without such a power, property itself Would be in a great degree out of the pale of protection. But if the power exists, it must depend upon those who possess it, how they will, in any particular.
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Reseña del editor
Excerpt from Remarks on Popular Sovereignty: As Maintained and Denied Respectively by Judge Douglas, and Attorney-General Black
The article by Judge Douglas, in the last September number of Harper's Magazine, on "The Dividing Line between Federal and Local Authority," and the "Observations" on it by the Attorney-General of the United States, have given to the subject renewed and additional interest. The public mind is now, probably, more than at any preceding period, specially called to consider it as one which must soon be settled, if the peace of the country is to be restored and maintained. Participating in this impression, the writer of these remarks cannot be esteemed obtrusive if he states his own opinion, and, as briefly as perspicuity will permit, the reasons on which it rests. This, too, is undertaken in no party spirit, or through any prejudice, of which he is aware, to parties or persons. The question itself is of so much interest, is so closely connected with the continuing quiet and prosperity of the country, that it would be almost desecration to deal with it with other than national and patriotic motives. It is hoped that this will be remembered and regarded throughout the discussion. Such certainly is the wish and design of the writer. Nor will he refer, in regard to it, to any inconsistencies into which our statesmen, past or present, may have fallen. These prove nothing in support either of the opinion discarded or adopted. They only serve to subtract from each whatever of authority may belong to the name of its author. Nor do they impeach his integrity. Public virtue by no means consists of uniform consistency. "The wise man sometimes changes his opinion, the fool never."
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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