Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-09-27

he give of a right to exclude it. He, in
common with the whole Democratic party,
places property in slaves upon the same
basis as property in other "chsttels'' of
whatever kind, but says that the Terrific
rial Legislatures may discourage it by
unfriendly legislation" But how? Ev-
cry man knows that property is not the
subject Of statuatory creation, and that rem
edies are provided both by the common
law and by the enacted codes which affect
lall property alike. Once acknowledge
the claim that there is no distinction be-
tween slaves and other property, and the
whole question is placed beyond the power
of Legislature or Court to affect it. And
this has been carefully provided for in Sen
ator Douglas own Kansas Nebraska Bill,
wherein, through the vain fear that some
Territorial Court may not be subservient
enough, it sprovided that appeal shall be
had to the Supreme Court in all cases in
volving the right to slaves, whatever their
value; while dispute involving $1,000
worth of other property is requisite to en-
title parties to a like appeal. The barrier
once removed, the banded capitalists of
the South will take cue care that Slavery
is introduced, and with the help of Dred
Scott courts will have no need of legisla-
ton for their institution. 5s 1~
But the alleged principle" is, in its
naked form, fallacy, and, in its ultima
ton by its discoverers, a cheat. >, Popular
sovereignty is not the principle at the
foundation of our Government The doc
trine that majorities shall rule is not the
doctrine of the Constitution. What is the
object Of Constitution, save to protect
and benefit minorities? What. it's result,
save the limitation, and to certain extent
the defeat, Of popular sovereignty. The
United States Senate, wherein all the
States are equally represented, is, in its
check upon the House of Representatives,
a constant and constitutional denial OF the
doctrine. So is the electoral system. So
is the Presidents veto. Not one of us
would live an hour under government
wherein of five men, three had absolute
power over the remaining taeo. Popular
sovereignty is indeed one element Of our
government, but it is so checked and
modified by other elements, that it can
never, without the subversion of our ma
tional character and of our liberty, become
what demagogues have sought to make it,
the ruling idea.
And how has its author embodied his
principle in the Kansas-Nebraska Bill?-
Have the people, under this, the power to
elect their own Governor, their Judges,
their Marshals? This was indeed pro-
posed, but Senator Douglas was among
the first to vote against it, Have they
the power even to define the jurisdiction
of Justice of the Peace? Even this
petty act of self-government has been fore
stalled. Have they the power to enact
their own Territorial laws? Yes, but
subject to the two. thirds veto of Con-
gressional Governor-a power which the
people of Ohio have denied the Governor
of their own election. When they organ
ize as State even, are they free from re-
strictions?, No! They are still subject to
the Constitution of the United States.-
Wherein is it less violation of self.g
ernment to require obedience to a Consti-
tuition than to laws? Wherein is the diff
ference, in their relation to the abstract
question Of self-government, between the
restrictions which the Democracy have
thus imposed, and those in regard to
slavery which the Republicans advocate?
But, says the Democrat, it is unconsti-
tutional for Congress to legislate on the
subject of slavery. In what clause is such
legislation forbidden? Is not Congress
authorized $50 make all needful rules and
regulations for the government of the Ter
ritories?" And even if this clause refers,
as is sometimes said, to the mere land, is
! it not the duty Of Congress SO to legislate
that the Territories shall be most valuable
to its future possessors? Besides, our
fathers, from the trainers down, including
the Stephen A. Douglas Of years prior to
1854, recognized the constitutionality of
anti-slayery restrictions upon the Terrific
ries. In 1899, the celebrated ordinance
OF 1887, dedicating to perpetual freedom
all the then existing territory of the United
States, was re-afirmed by Congress, and
received the Presidential sanction , of
George Washington. In 1900, Indiana
was organized into Territory, with the
anli-slavery restriction, and her organic
act was approved by John Adams. In
1905, Thomas Jefferson allowed the crea-