The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-05-05
WASHINGTON, d. C..
DOUGLAS DEMOCRACY.

We last week made brief extracts from the
following article. 1t is from the Columbia
South Carolinian, and was copied into and
adopted by the Washington States, the organ
Of the Douglas Democracy, on the 18th instant
1t may therefore be set down to the credit of
Judge Douglas himself, who employs his leis-
ure in writing and ranking circulars urging
his friends to subscribe for the States.
FEDERAL IMPOTENCv AG tINST PUBLIC SEN
TIMENT.
"The result of the Echo case, in Charleston"
says the Columbia South Cc1goli1aidn well Illus
trstes the futility Of Congressional interpostion
in the affairs of Territory, either to establish
or exclude Slavery therefrom. We have urged
the utter impotency of Congress, or even the
combined branchesof the Federal Government,
to enforce any law against which the local SEN
timent is arrayed. We have contended that
public sentiment is supreme over Federal Pow
er-vaunt and declaim about the latter as men
and journals may. So far from regretting this,
we as an advocate Of State rights, rejoice at it.
From the time when South Carolina took her
position against an oppressive and unjust
revenue system, and stood forth the solitary
champion of notification, the efforts of State
rights men to bride the assumption of the Gov
eminent, and TO wrest from it the power it
claimed over banks, over internal improve
ments, and over domestic affairs, have been
unceasing. Who, in looking over the past his
tory of the Federal Government, can deny that
they have been successful, and that the Gov
eminent has been beaten back, inch by inch,
until now it is almost a naked skeleton, mere
outline of what it once claimed to be Power
full still as 1t was intended to be in foreign af-
fairs, its power in domestic affairs is gone, and
twelve men in any State in the Union can con-
temptuousy set aside, with more impunity than
they could a town ordinance, the most high
sounding enactment of the Federal Govern
ment. Since the days of South Carolina null
LITIGATION, State after State has discovered the
weakness of the Government, and have defed
its laws with ike IMMUNITY. Lastly, the very
Territories have opened their eyes to the pOten-
cy of public sentiment, and they, too, now claim
10 set aside, and 1oiU set aside, any law of Con-
gress purporting to force upon them an insti-
tuition to which they may be opposed. Whether
right or wrong, this they can do and will do.
Though they possess not the right to exclude
1t by legal enactment, they have found out the
power of local sentiment and that power they
will exercise, and no earthly power can prevent
them. If they favor the Institution, they will
throw the weight of that sentiment in its favor /;
If they are opposed to 1t, the power will be
thrown accordingly. As the Charleston Mer-
ciTy says of the slave-trade cases, so say we of
all attempts to force dRy Federal measure
against public sentiment-it will be idle ex-
pensive, and vain Whether at the North or
at the South, in the East or West, show us
anywhere an American community, and we
will show community which may be so infu-
enced that it will cleave to sentiment, and sac
rihce law. Whether ii be a timidity of that
clamor which American sentiment creates when
opposed, or whether it be the adhesion to in
dividual convictions rising above law, we know
not. In either we recognise practical higher
lawism-that rule of action which makes pub
ic sentiment a law unto Itself
Congress may pass fugitive-slave laws, an
ti-slave-trade laws, Territorial slave-aws; but
they are worth nothing against public senti-
ment. Perhaps some may say that this is
tendency to anarchy, and should be remedied-
that these laws should be enforced. 1t can only
be done by changing our Federal Government,
and remodelTng 1t upon a more centralized
plan. hat Is the only remedy. Let those who
oppose MS assume 1t, and We shall meet them
on IT. We shall not be long in demonstrating
that the evils which this would generate would
be UNNECESSARILY greater than those now COM
planned Of Ii, then, the laws of the Federal
Government can be SO easily set aside when
they conflict with public sentiment, which Sec
ton will move for disunion? The slave-trade
men Of the South have achieved their object !;
what can they complain of? The anti-fagitive-
slave-law men Of the North have achieved
theirs should they not be satisGed2 Neither
will dare strengthen the Government to attack
the other. Thus the two extremes have been
tunnelling from opposite sides, and have met
on a common platform; and having each &C
complished their ends, are deprived Of cause
for agitation. Could the Government maintain
Itself against the sentiment of these respective
parties, and enforee It's laws, they would be
furnished with issues of agitation by which they
could lash popular feeling to the point of revo-
luton. But such is not the fact; and we see no
course left to the Government but to con6ne
itself exclusively to foreign affairs. Such ap-
pears to us to be the practical result of the con
tiict between Federal power and local sent-
ment"