Popular Sovereignity in the Territories Judge Douglas in Reply to Judge Black
Popular Sovereignity in the Territories Judge Douglas in Reply to Judge Black
Stephen Arnold Douglas
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A slave is defined in that instrument to be " a person held to service or labor in one State, under the laics thereof;" not under the laws of the United States; not "by virtue of the Constitution of the United States;" not by force of any federal authority; but "in one State under the laws thereof. " So the fugitive slave law of 1793, which was modified and continued in force by Congress in 1850 as one of the compromise measures of that year, recognizes slavery as existing in the Territories un...der the laics thereof, as follows: "That when a person held to lahor in any of the United States, or in either of (he Terri- tories on Ute north, wut. Or south of the river Ohio, lxder the laws tuereof, shall escape into any other of said states or Territories, " &c The Supreme Court of the United States have decided that " the state of slavery is deemed to be a mere municipal regulation, founded upon and limited to the range of the territorial laws. " (16 Peters, 611. ) Being "a mere municipal regulation, " the right to legislate in regard to it would seem to belong to that legislative body which is authorized to legislate upon all rightful subjects of municipal legislation.
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