The Kansas herald of freedom., 1859-06-11
pou.l.., PoDular Sovereign.

Douglas Popular Sovereignty.
Buchanan backed down from the posi-
ton that the people of Territory have
the same sovereignty over slavery in their
midst as State has over it within its
limits, to the dictum Of the Supreme
Court. The Democratic party have gone
with him, and denounce, as a traitor, who
ever questions the decision of that
Court. Nor is Sen. Douglas an excep-
ton in the re.rogression.
In debate in the United States SEN
ate, on the 23d of February last, on a
motion for an amendment to the General
Appropriation Bill, affecting the admis-
sion of Kansas into the Union as a State,
Senator DOUGLAS made use of the follow
ing language, which may be found in the
Congressional Globe, Part 2, on page
1856.
81 do not put Slavery on different
footing from other property. recognize
it as property under what is understood
to be the decision of the Supreme Court.
i agree that the owner of slaves has the
same right to remove to the Territories
and carry his slave property with him, as
the owner of any other species of prop
erty, aud 10 hold the same, subject to such
local laws as the Territorial Legislature
may constitutionally pass and, if any
person shall feel agsrieved by such local
Legislation, he may appeal to the Supreme
Court TO test the validity of such laws
l recognize slave property as being on an
equality with all other property, and ap-
ply the same rules to it. will not apply
one rule TO slave property, and another
to all other kinds of property"
And again, during the same debate he
said, (page 1850:
"When the Supreme Court shall decide
upon the constitutionality of the local
laws, l am prepared to abide by the de-
cision, whatever it may be, and have it
executed in good faith, as in all other
cases."
He never recognizes any power in the
people of Territory to pass any laws,
except such as they may eoastit,tionaRy
pass, and if the Supreme Court decide
the Territorial laws unconstitutional, he
will abide by their decision and assist to
carry it out. This nullifies his doctrine
of "unfriendly legislation" and strips the
people of Territory of sovereignty over
slavery. How, then, do the people who
are prohibited from abolishing slavery
while Territory, because the constitution
places slave property on the same basis
as other property, gain the power when
they come to form State to set aside
the constitution? If they cannot form
a constitution without an Enabling Act,
they can have no power to abolish slave
ry, for Congress cannot authorize Con-
stitutional Convention to exercise power
over slavery which would be unconsti-
tutional in itself or in the people of a
Territory. The right to abolish slavery
is denied to the people. They cannot
confer sovereignty on the convention
which will empower them t. abolish
slavery.
Democrats who have such fervent faitE
in the right of the people, should tell III
how they gain power to abolish slavery
at any time before the Territory becomes
State. The principle of placing slaves
on the same basis with other property
certainly is an excellent defense for tn,
STAKEHOLDER, but it sweeps away, utterly
every vestige of o-called popular sove
reignty.
The Judges of the Supreme Court are
now very reverentially regarded by tn,
Democracy as the conservators of tn,
Union. They are willing to abide b.
their decision, "whatever it may be-
And, if the Supreme Court were II
change in the character of the judges wht
compose it, or the present judges were t.
take different view of the Constitution
so that the court regarded slavery as no
carried by the constitution wherever i
goes, and slaves not on the same footing
with other property, would the Democ
racy scout as traitors those who refuse Il
acquiesce in that decision of the highes
, tribunal of the land ? Would they be a
anti slavery as they are now pro-slavery
|