The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-12-15
The Chicago Times-The Federal
ITT Constitution. IVA
anticipated

1t would be an Improbable task tC
chase down the absurdities and refute
the rigmaroles of the. Chicago Times, 9
journal that can improvise doctrines
suitable to its arguments, and invent
evidence In support of its assertions,
with as much facility as the spider spius
out of his W stomach a web for its lair
or a cord for hanging itselftwixt heaven
and earth.
The Times of the 18th inst, in an
editorial article running througha couple
of columns, ~assails our declaration that
territorial authority is not inherent in
the people of a Territ, ~, but is derived
originally from Congress. The Times
fancies that this declaration of ours is a
blow struck at the root Of popular SOW
eriguty," and delnges us with two COL
ums of wish-wash and slush for the sacri-
leee we are supposed to have committed.
We have used, it seems, the word nAs
mate In the sense of original, in asserting
that, in tracing up the steam of authority
in the Territories. through the Terrific
rial Executive and police, to the Ter
r~itorial Legislature, and through the
Territorial Legislature,-we should lind
that the last, the ultimate source whence
it flows is Congress; iGasmueh as it is
Congress which first acquires the domain
in which the Territory is erected, which
next pcrscribes the metes and bounds of
the Territory, when organizes a tempo
rary government, and which confers
upon the Territorial Legislature and
Executive all and whatever authority
these functionarie may lawfully exercise;
generally prescribing and limiting, IN
the organic law erecting the Territory
into . political existance, the powers to
be and those not to be used, and the
mode and name in which they are to
be exercised. At this use by US ofthe
word ultimate, the Times takes IRE,
thinks we refer to the last stage of Ter
r~itorial existence, when it is about to
come in as a State, smells the birthstone
of i. ferual Leconpton in our declaration,
warns us against what we are doing, and
let's off the c%ouFlet from Roderiek Dhu
which some waggish %satirist has travestI-
ed into the well Known threat Of Bonn
bast concerning the removal oil his
boots.
The Chicago Times a~ssails the mere
matter of fact declaration of ours, the
substance of which we have recited, as
if they advanced some new theory ofour
own, aud embodied some rank and most
poisonous doctrine of the Black Repub-
iican party. Why, our declarations
were founded in every line and letter
upon the terms of the Nebraska Kansas
act; for every section of that act is a
grant of power or restriction OF power
granted, from Congress to the Territorial
Legislature; and our declarations were
nothing else than virtual quotations from
the very words of the notable act itself.
But so perverted have become the views
in regard to popular sovereignty of many
partisan editors, who have as little
knowledge of judicial aud historical
fact and take as little pains to acquire 1t
as the editor of the Chicago Tunes, that
to mention as a fact what the Nebraska
Kansas law enacts in every section, Is
sufficient to draw down upon the head
of the unlucky ~rcciter torrents of denun-'
Citations as truculent, senseless, aud we
may say, as harmless as that which the
Times showers upon US.
In stating that all authority in the
Territory is exercised by virtue Of ex-
press grant of power from Congress, VIC
state only a fact that is attested by
every Territorial organic act that has
ever been rassed. In going further,
and asserting that Congress can grant
no pewer that it is not authorized to do
bv the Federal Constitution we do, 10
deed, pu. a curb upon popular owe
r~eignty;" but only such curb as all
written constitutions do, and are design
ed to put upon popular license. If 1T be
possibie to insert a logical idea into the
brains of the Chicago Times by any pro-
cess short of a t~repanniug operation, we
think we can make it realize that its
own doctrine of unrestricted popular
sovereignty or popular license, is ldentl-
cal with that which it thinks it abhors
as held by the Black Republicans.
Our doctrine then is, that no authority
can be exercised in the Territory but In
virtue of and in accordance with the
Federal Constitution for, until erected
into a State with a Constitution of its
own, there Ia no Constitution for a Fer
ritory but the Constitution of the United
States The Times repudiates this
proposition, and derives all authority in
the Territory from the inhabitants hap
peniug to be in it, who, it holds, are IN
vested with Unlimited, unrestricted /,
a.popular sovereignty" The Black Re
pubiicans also repudiate this proposition,
and derive all authority in the Territory
from Congress, not as a trustee for the
States, restrained by the Limitations o
the Federal Constitution, but as repre-
sentative of the sovereign will or ca
price of the majority of the people Of
Union at large-that will or caprice
not being subordinate to the great equi-
ties imbodied in the Constitution OF the
United States.
Thus the theory of the Chicago Tunes
and of the Black Republicans are iden
tical, differing from each otter onlv IN
the fact, that the one gives unbridled
license of legislation to the legislative
organ of the inhabitants of the Territory,
while the other gives it to Congress, the
organ of the Union at large: the popular
sovereignty invoked by each being g
power which claims to disregard the
binding efficacy aud sancity of Constitu
tious, those palladiums of our American
liberty. f.a
Thus the Chicago Times whole rig.
marole of froth and phobia is turned
upon itself. 1t is unwittingly occupy
ing in it's wi person the obnoxious pc
sition in which il fanoied that we wert