The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-08-10

Their, that any other construction is not
only Legitimate, but Perversive Of that
essential feature in every republican gov
cannot refrain from
a defence Of that construction against the
assault of a writer in the last issue of the
Clarion, over the UomHr de phlmc of AGRI-
COLA. At the outset, ! must fatty deny
that Mr.. Douglas position is such as as
serted in the premises Of the writer's ar
ticle, viz: THAT Territorial Legislature,
called into existence only by COMPRESSION
al legislation. has sorrcig,, po,ccr 1.-THE ital-
les are the writer's to deprive a citizen of
property, the right to hold which is char
tered and guaranteed by the Constitution
of the United States, at once the source
of all power, both to the Congress and to
the territorial legislature, &c.'
Mr.. Dougla, has never propagated such
a doctrine. He has never said, either on |
thehu,tins- or in the Senate chamber. that |
the people Of uy territory have the soc1-
cga polrcr to pass laws violative Of the Con
stitution of the United States. On thccon- !
trary, he has everywhere avowed that their
powers ,ccre submissive TO the Constitution,
and to the Constitution only. Read this
emphatic language in his reply to GOV.
Brown:
Sir ! am asserting, on behalf of the
people of the Territories, just those rights
which our fathers demanded for them
selves against the claims of Great Britain.
Because those rights were not granted to
our fathers. they went through a bloody
war of seven years Am now to he call
ed upon to enforce that same odious doc
trine on the people Of Territory, against
their consent? ! say, no. Organize a Ter
ritorial government for them; give them
Legislature to be elected 10y their own
people: give them all the powers Of legis-
iation on all question, of "a local and do
nestle character, subject only to the Con
| stitutOn and if they make good laws,
! let them enjoy their blessings and IT they
make bad laws. let them suffer under them
until they repeal them. If the laws are
unconstitutional. let those agrieved APP
| peal to the cOurt-thc tribunal created by
/ the Constitution to ascertain that fact
That Is the principle which we stood upon
! in 1854. Ii was on that principle and
| that understanding we fought the great
political battle, and gained the great vie
tory of 1856.
The above extract is a nut SHELF sy-
nopsis of Mr.. Douglas true position and
how conservative man DESTROYS to have
the conflicting interests of both sections
of the union eFul.y represented on COM
mon soil. can take any other position,
am at loss to imagine. Men may term
it squatter sovereignty. or what they will,
it is the only correct doctrine we can es-
pouse. if we are DESTROYS to preserve the
Union.
We live in a country through which j,
drawn a line Of separation. The Northern
people. opposed to the institution of sla
very, the Southern people in favor of it
Yet We live under a common constitution
The constitutional rights Of citizen o
Maine are the same,as those of either
of Mississippi, but the interests of the two
citizens may he antagonistic Oneis consti
utionally free-soiler, while the other i
: constitutionally a slave holder. One de
.ires slavery, and the other is opposed to il
, ! They both 90 to the territory. Now, it
! | conceded, that the territory is common
S | property. that is, that the rights of boil
J citizens in a territory are the s9mc. The
desire to make laws for their protection
/ and are granted this power by Congress
, she saying to them, you can make you
own laws, but mark you, you are not t
:. violate the Constitution of the Unite,
= States We will not interfere with you
. domestic affairs You can regulate theT
l As you see fit, with the same proyiso. =
They have been there but a short Will
when another citizen Of Maine emigrate
to the territory, giving the Northern inte
est the majority. The Southern man ha
u carried his slaves with him and has er
a gagged in the tillage Of the soil. Now,
r ask, in all candor, what more safety coul
the Mi,sis,ippian desire for his propert
q than he has. and what can the Tcrrtorii
IS Legislature DO to deprive him of it? TIL
Constitution of the United States grant
II him the power to hold hi, property thei
J. until the territory become, IA State in I'll
r. Union with an anti-slayery constitution
IA when. of course. he must depart, or sen
r away his slaves. Itisimpos~ible for the te
ritorial legislature to deprive him of Ii
i constitutional rights.
/ And where is the unfairness of the =
It ,ition? Are not both sections vested wit
!, equal rights. having the same powers an
~ immunities, and do they not remain
v until the territory becomes a State in I'll
e Union, at which time if the Northern il
: tere-t has majority, slavery will be e
n cluded, and 50 co copccrs02 One woul
N think 50.
7 As to the true understanding of the do
, trinc of non-intervcntion, the Congressio
/, al records clearly show that members
~ Congress from both sections, who were
e favor of the passage Of the Kansas \
= braska bill in ISL viewed it in the san
Ic light that Mr.. Douglas now does. viz: tn
G. Congress was N no crat to interfere wit
Is the domestic affairs Of the territory. TT
right to interfere in one instance conced
/ the right in another: and thereby esta
a fishes dangerous precedent. If Congre,
le in compliance with the views of Agricol
should pass protective slave code for Il
a. territory of Kansas to-day, and a We
he hence, il should be asked 10 tax eve
81 slave that went into the territory five hu
II bred dollars, and the abolition delegati,
i had the majority, the act could be pass,
l. with perfect consistency, and that to
to when perhaps a majority of the people
I the territory were opposed to it. Henc
a it Is dangerous policy, and if acquiesc
j. in, will rebound with certain destructi,
'd rics. The Kansas-N ebraska bill in EXPIRE
~ terms denounces it, and surely Congre
" cannot usurp power which she has
5 ready abdicated. Besides this, what II
w cessity is there for the passage Of the a
:, Agricola proposes? Is not the rig
10 to hold slaves in the territory given by t
a constitution. and so expressed in the 5,
ut emn adiudications of the highest tribun
y in the land? What more safety could
,a gwen by an act of Congress? If the la
E, are not enforced in the territory, it is t
vi duty of the President as the chief exec
III tive of the land to use every means
10 have them enforced. and for this purpC
at the entire military power Is at his co
e. mand.
i Mr.. Douglas position is the same n,
Q. that it was in 1854, and the intimation
" AGEIcoLA that there is a difference. is l
y founded. lie said then that CongressiC
/, al legislation upon the domestic affairs
,e the territory was entirely excluded bv t
Ia terms of the KansLs-Ne braska bill.
! now says it. Let the people of the Tel
= tories settle their own affairs in their o,
~ way. subject only to the Constitution of (
n. United States. They are the Judges a
in the only judges of their necessities n
:, hence, they only can pass such laws as
a. answer those necessities. Preserve 4
,r principle, and we will ever be a han,
ct prosperous people. destroy it, and we ov
y turn the basis upon which rests this pro