The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-11-03
ANOTHER TRACT FROM MR.. DOUGLAS.

disquisition upon his favorite theme of 3popu-
lar sovereignty" in reply to similar publica-
ton from Attorney General Black.
The general feeling in |" Democratic cir
cles has been, that the articles of Mr.. Black
have damaged the Presidential prospects of
Mr.. Douglas materially, and worsted him in
the argument The legal adviser of the Presi-
dent has shown considerable force as q contro-
versialist, and upon Democratic premises has
dissected and exposed the fallacies of Mr..
Douglas with damaging effect. If he could
venture upon the firm ground occupied by the
Republicans, his arguments would be unan-
swerable; but standing upon a foundation as
slippery and as treacherous as that of his an
tagonist, he cannot assail the Illinois Senator's
position, without exposing the weakness of his
own. The essays of Mr.. Black, therefore,
while they expose the inconsistencies of Mr..
Douglas, are themselves filled with gross and
revolving absurdities, which dozen years ago
would have found a response in no part of the
Union. For, while he converts the Constitu-
ton into mere scheme for the extension and
perpetuation OF Slavery, he at the same time
destroys the independence of the States and
the Southern States Rights school.
1t is difficult to say whether Mr.. Black or
Mr.. Douglas is the better Federalist The
former charges the latter with disloyalty to the
Supreme Court, with disregarding its decis-
ions, and with denying the right of the court
to settle all controverted questions in regard to
the powers of the Constitution Mr. Doug
las denies, bitterly, the imputation, and de-
clares that he has made more speeches in vim
dieatioR of the sovereign superiority of the
court, and especially of the bred Scott decis-
ion, than any man living. He declares that
during the canvass of his own State, prior to
the late election, he made hundred speeches
in favor of the court, and of that decision
which specifically declares that neither Con-
gress nor the people can exclude Slavery from
Territory.
These pretenders to democracy dare not
for one moment go back to the resolutions of
1898, or to the writings of Jefferson, Madison,
or even to Calhoun. The first article in the
creed of the States Rights school of statesmen
was, that each department of the Federal Gov
eminent, Legislative, Executive, and Judicial,
has an equal right to construe the Constitu-
ton for ITSELF and to act accordingly; that the
several States have right superior to that of
the coordinate departments Of the Federal
Government, for the reason that the States are
the parties to the compact-in word, its crea-
tors; while the several departments composing
the Federal Government are but the creatures.
The old Republican statesmen also held that
the people at the polls composed the tribunal
of final resort upon all questions of constitu-
tional power.
The Democratic expounders of the Consti-
tuition at the present day never dare to quote
these authorities. Having the Federal Gov
eminent in their own hands, they are deter
mined to stretch its constructive" powers to
the farthest limits of Federalism in carrying
out their plans of Slavery extension In all
these discussions of Senator Douglas and At
torney General Black while they vie with each
other in professions of allegiance to the name
Democracy, they never once quote the great
founders of the Democratic party. Their high
est authorities are now "the Compromise
measures of 1885," O. the Kansas-N ebraska
BILL" " the Cincinnati Platform" President
Buchanan's Inaugural Speech, and his Silliman
Letter; and. above all, the bred Scott danis,
ION. These are now the great lights and land
marks of spurious Democracy. This Is their
new testament while the old landmarks. the
resolutions of 1898 and 1899, the writings of
Jefferson, Madison, and John Taylor of Caro-
line, the speeches of Giles, Randolph, and Ma
con, are thrown aside, as so much WORKOUT and
useless lumber.
1t would be easy to confound these pretend.
ers to Democracy and to constitutional lore
by an array Of true Democratic authorities
against their crude and sinister interpretations.
But we will not now go into the subject.
A Washington correspondent of the New
York Times was permitted to see the proof
slips of the last essay Of Mr.. Douglas, and fur
nishss the following outlines of his argument:
81. Fighting the Judiciayy.-In reply to this.
the Senator SAYS he has not written or spoken
one word in disparagement of the Supreme
Court and its decisions but has always spoken
in terms of unqualified appreciation, and made
more speeches in defence of the bred Scott de.
cision than any living man. When assailed by
the combined forces of Black Republicans and
Federal office-holders, during the Illinois can
vass, he defended the bred Scott decision in
more than one hundred speeches
so. Territorial Sovereignty. Mr.. Douglas
denies ever having said or thought our Terri
tories were sovereign or even limited sovereign
ties, but now repeats his firm conviction that
the people of the Territories have all the rights
and immunities of selEgovernment, in respect
to their internal polity, sub ect only to the Con
stitution Of the United States
90. Source of Potcer of Self Government. -
Attorney General Black declines fair inquiry
lest it prove mischievous in disturbing the re-
pose of those who hold that Territories have no
attribute of sovereignty about them. This
point is fully discussed by the writer.
"a. All Legislative powers appertain to SOW
ereignty, and, by the terms of the Kansas Ne
braska act, the legislative power of Territory
extends to all rightful subjects of legislation
consistent with the Constitution of the United
States. In face of this, the Attorney General
says, a Territory has no attribute of sovereign
ty about it. Mr.. Douglas wishes to know what
Judge Black means by An attribute of soyer
eighty, as Chief Justice Marshall has declared
that all legislative powers appertain to sover-
eighty.
as. Slavery included in grant of legislative
power is contended for by Senator Douglas, who
argues at some length to sustain his position
The Kansas bill provides for writs of error and
appeal in all cases involving the title to slaves
or involving question of personal freedom.
&c. Protection Of Life, Liberty, and Proper
y.-Mr. Douglas proceeds to show that it is an
exercise of sovereign power in Territory,
which lawfully deprives a citizen of his proper
ty, and loads his limbs with chains, for violating