The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-11-02
"A p ID Il N DI *
TO THE
OBSERV -ATIONS
on
JUDGE DOUGLAS YIEWS
POPULAR SOVEREIGNTY,

Another edition of these observations" be-
ing called for, an opportunity is afforded OF ad
ding some thoughts suggested by the attempted
reply of Mr.. Douglas, and by some criticisms Of
different kind which have appeared in other
quarters
MIR. Douglas charges us with entertaining the
opinion that ''ail the States of the Union may
confscate private property doctrine which
he denounces as a most wicked and dangerous
heresy." He championizes the inyiolability of
property, and invokes the fiery Indignation OF
the public upon us for ascrbing to the States
any power Of taking it away. Now mark how
plain tale will put him down.
There is no such thing and nothing like it on
these pages, from the first TO the last. Mr..
Douglas was merely Hourishing his lance at the
empty air. He had no ground for his assertion,
except most unauthorized inference Of his
own from our denial that the power existed in
the Territories. The territories must wait till
they become sovereign States before they can
confiscatc property; that was our position
Therefore, says the logic Of Mr.. Douglas, all
the States in the Union may do it now. What
right had he to make mputations of heresy
founded upon mere inference. when our opinion
on the ye1'y point was directly expressed in words
so plain that mistake was impossible. The fol-
lowing sentences occur on page u. $3.50 .r
Gan free people know that if they would re-
main free, they must compel the government to
keep its hands off their private property; and
this can be done only by tying them mp with
careful restrictions. Accordingly our Federal
Constitution declares that mo person shall be
deprived of his property except by due process
of law and that private property shall not be
taken for public use without Just compensation.
Nv hot 70
the exercise of the power by the Government
of the United States. We are also protected
against the State Governments by similar pro-
vision in the State constitutions. Legislative
robbery is thel e0re a crime which cannot be
committed either by Congress or by any State
Legislature, unless it be done in fat rebellion
| to the funda mental law Of the land" ..
The close of the same paragraph shows why
it was important that no attempt should be
made to exercise such power by territory:
| "Is itnot every way better to wait until the
new inhabitants know themselves and one an
other; until the policy Of the Territory is set
tied by some experience; and, above ALL until
! the great powers of a sovereign State are regu-
larly conferred upon them and properly limited,
so as to prevent the gross obuSes which always
accompany unrestricted power in human hands"
Mr. Douglas certainly read these passages,
for he borrowed phrase from them and put 1t
in his own speech. lie ought to have under
Stoou thGlh' u he Go'h leau a.l' uilE' olo9.'
them, why dld ne ailege 'haC 'nIS PainPt15''t Va
yN'eu me uai9eIo9s liT,G'y 'oel,ee ~
excuse for him it can. -..... ......
IEaC t@e S'Ne,niheHI oI d SoEcle'9h Nt",e
unrestricted and unchecked by any constitu
uonai pfoh'o'''oh' "ou'd nave power. 10 co'li,S-
es'e pFlFaIe property e'eh "!Inou' Coi,p'''",
toh - Inc p"Hel' - PiopoSI''V" winch WI
ScaICe'y oe uehc Gu oy any one VINO mas nlae ltl
eu !ne primer OF PoilVlcaI Scence oo'cLt's''S
Wh'ch Is VIC supreme autho'i'y ol al iliue!
dehC ota'e OF SoNefnuent' Is III ltS hatrie l'le
SPohSiDIe. ana absolute. IL cannot oe otieI"lSe
SINCE II mas no superior oy "9oih II can oe e%'i
ell 10 account: mere hlo'a' "oH.i"c,lcla Vi ll'e
ore'ic pIinclPleS OF natural justice 40 not I,ilI
the legal aulho'l'yo' OF a sovereign. NO eovo'h
meht 0Hg" 10 Noi@'e JuS'lce' 1uI any suP'em'
SoEelhinehC' whose llatuS are II on,lcly Hte, Gu.
VioiaIe IL "iIn l''puh'ly' rpr 'iltNe !'"so',"
IS 'haV 'ne saxon race nave oeei' laoo'''S' P'a"
NM, anu lighVing curing seven W hunoIeo years
lot 0IeaU ChaiteT"' D'lS ol lt'sh'S' pi'o Ioi's''
Iu'lohS 20 ii'i'lC 'ne SoHeIe'si,'y ~ an t'o sDn
ern;hehts theY nave nav lVeu uiluetI OuI 4nce,'oi
III tue. ora country as wG,, aS III Aiile'!c', nav
wasted lheli money anu oIooo IN wan 10 estap
Sh constitutional governments, II j.. oe trW
Vhat government Wli.out re, GonSVl,ut'oh Is no
: capaDe OF d9,ng lhJuStIce' iHey hheW ne',e
IMAM '.aC' .ihey u"oeIs'ooo very wen tl":
sovereign government no in%ttel loy WtIoni II
power Is Wie!ueu may 40 "nal WlohE II pleas
eS' ana ora tS WIN aNoucii ttie uee" ,.,.,.-
N0"' "haC Is 'lie co"S''u,lohal PioN'pI,'o' .,n
Wliicn can anywhere pe 'Quhu m 10 restrain op
.
be Such IhlhS therel from cohliscatihg an
) cit'zeh property. !, ! me mere y none IerT'
, tory mas no cohS'ltu'lon OF l'S own ana nooou
"oua pe ABSURD enough TO say, traS IL Is govern
ca oy me cohsl'tuuoh o. ano'hef ota'e' "l
II De Salu thaV the provision IN lhe feaera
CohS'l'utioh' Whica lorplaS the taxing ol pr
~ Vate properly Whnout coinleiSatIoli' can
/ tiSea 50 aS 10 restrain terrtorla' sovereignty
q Cenaihly not nc %, supreme Co9rG nave acc
aeu (ih barron vs. me Oi'y o. PaitlinoIe.
refers, Ztz) that Inc clause reiecrHd 10 apple
GNciusiYeIy 10 tIie exercise OF the power py "a
t Eeaeral government nc rue was so la'
p down by Chiei JnStlce Marshal. It was cor
CURED IN by the whole court; and lis correc'
. ness has never been Denied or doubted by an
: Judge IaWyer or statesman rom inc time OF III
e ceclSlon TO TINS gay. II, therefore, there be
. sovereignty IN the territories 1t IS soVerelgnt
unlimited by any constitutional lnterdlct. IN
: lmplleS q power IN the Territories ln1lntel
: greater than mat OF any other government
all IA, Morth America. =.
Inc simple ana easy solution OF all TINS d'
ilcuIty IS turnIShed by the Supreme Court, an
# adopted by the Democratic party as the Try
T. princslpIe governing the subject: 1t Is thE: I'M
/. the territories are not soVerelgntleS' but the
e s9EeiHleh's afV peiIs %, poiatloIs' es'aoLS