The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1859-09-23
Judge Black on the Late Popular
Sovereignty Manifesto of Douglas

Judge Black on the Late Popular
Sovereignty Manifesto of Douglas.
tProm the New York Herald.1
We lay before our readers this morning
a searching and conclusive reply to the
late popular sovereignty manifesto OF Mr..
Douglas, from that clear-headed consti-
tutional lawyer, Judge Black, the pres
ent Attorney General of the United
states. This announcement, in securing
for the paper in question an extensive and
careful consideration among rejecting
men OF all parties, will contribute much
to dissipate the hlmsy sophistries with
which Mr.. Douglas has invested this de-
lusive abstraction OF popular sovereignty
in the Territories. sUt.As%
The work undertaken in this connec-
ton by Judge Black is 70 chow: first,
that Mr.. Douglas "has not correctly sta
ted the doctrine" held By his democratici
opponertW ana secondly, "that his own
opinions ..given by himself, are alto
gether uns,und." Upon the first point,
in reply to the assertion of Mr.. Douglas,
that, "a portion>o the democratic party
believe, or profess to believe, that the con-
stitution establishes slavery in the Terri
tories" Judge Black says that the consti-
tuition does no such thing-that "nobody
in the country ever thought or said so;"
but he pleads that the constitution does
establish the right on the part 'of the
legal owner of slave or other property
to 60 with it into federal Territory
without forfeiting his title" Upon this
proposition the whole question hinges,
and the clear, consistent and common
sense argument of Mr.. Black in. sup
port of this right of property, will some
what impress the reader with the slippery
nature of the ground occupied bv the IL
linois Senator. .-...
The exact point of difference between
the two learned Judges in the premises
is here Judge Douglas holds that Ter
ritorial Legislature, by friendly or un-
friendly legislation" may admit slavery
into the Territory or exclude it there
from. Judge Black contends that no
such power is vested in Territorial
Legislature, and that those who desire to
confiscate private property of any kind
must wait until they get Constitutional
Convention or the machinery of State
government into their hands," In sup
port of this proposition the simple facts
that Territorial government is merely
provisional and temporary, that it is the
creature of Congress, and may be chang
ed, suspended or repealed at the plea
sure of Congress, are conclusive and no
heightened argument is needed to. show
the fallacy OF the doctrine of Douglas,
that substantially Territorial govern
ment holds the same local sovereignty as
that of a State.
The quotations from the speeches and
reports of Mr.. Douglas given in this argu-
ment against him show that it is only
since the adjournment of the last Con-
gress that he has given this finishing touch
10 his dogma of Territorial sovereignty,
and that at present his position is step
or two in advance OF that which he oc-
cupied against the Topeka and Lecomp-
ton constitutions. In fact, we can only
account for his present position upon the
assumption that he has taken it delibera-
tely for the purpose of making an issue
with the Charleston Convention, which
VIII give him some color OF justification
In running as a Northern democratic
stump candidate for the Presidency.
limo other way can we account for
these late instructions OF Mr.. Douglas,
which will require the national democracy
at Charleston to recognize the general
sovereignty of q Territory as on q par
with the sovereignty of State. The
views of Judge Black reflect the views
and policy of Mr.. Buchanan. If they
m.ttor of tbo rorty ,Iotfou,, q n,o, ,ot
after all be n yerv dit1orlt tosL 70 Gnd a
nroner candidate d;sr.rs;no w;th noun
las Wise and all other sectional ultros
Tho resuIt NAV bo q rovoron, on tha
mart Of Dorolos and b;s odhoronts rh;o,
in conjunction with III, sorthorn onno
sition as another independept Marty NAV
throw tLe election into Consross. hrt
avon there sbou,d Mr. Dou,los h. ono of
tho three highest copdidotes vo oonnot
comnrebepd tbe copt;rconov Of hi. o,oo-