The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1859-11-02
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APPENDIX TOsJUDGE E BL AcK's
PAMPHLET
We publish 5elow an appendix to Judge
Blacks stObservations ON Senator Douglass
Views on Popular Sovereignty" )" called forth on
the demand for second edition by Judge DIS
attempt 70 reply 20 those aObserratinns" at
Wooster, Ohio, and by the commentaries which
have been made on them by some of his friends.
The appendix, couched in the same dignifed,
unimpassioned language as the "Observations,"
is marked by the same force of thought, close
ness of reasoning, and felicity of expression
that characterized the pamphlet 1t lays bare
to the very bone the flaws and imperfections Of
Judge Douglass "Views on Popular Sovereign
ty," modified, amended, and altered though
they have been by reflection and by circum-
stances; shows that all attempts to give new
readings to the Constitution which the Supreme
Court does not warrant, are, sure to lead to dis
astrous consequences, and recommends all who
desire to preserve an unblemished political rep
utation to respect the principles, and aeknowl-
edge the binding force of the guarantees of the
Great Charter of our Liberties.
We commend the appendix to the earnest
perusal of our readers and of the American
people erally.-W Washington Constitution.
APPENDIX.
Another edition of these "Observations" be-
ing called for, opportunity is afforded of add
ing some thoughts suggested by the attempt
ed reply of Mr.. Douglas, and by some criticisms
of different kind which have appeared in 9th
er quarters -r-.y 50 svs
Mr.. Douglas charges US with entertaining
the opinion that call the States of the Union
may confscate private property doctrine
which he denounces as q most "wicked and
dangerous heresy." He championizes the in
volatility of property, and invokes the fiery
indignation OF the public upon us for ascribing
to the States any power of taking it away
Now mark how plain a tale will put him down.
There is no such thing and nothing like it
on all these pages, from the first to the last
Mr.. Douglas was merely fourishing his lance
in the empty air. He had no ground for his
assertion, except most unauthorized inference
of his own from our denial that the power ex-
listed in the Territories. The Territories must
wait till they become sovereign States before
they can confscate property: That was our
pusrtfuu Inerefore, says Tho fuSiU Ut Mr.
it now. What right had he to make imputa-
tions of heresy founded upon mere Inference,
when our opinion on the uery point was direct
ly expressed in words so plain that mistake was
impossible? ? The following sentences occur on
page II:
1.All free people know, that if they would re-
main free, they must compel the Government to
keep its hands off Their private property; ard this
can be done only by tying them up with care
full restrictions. Accordingly our Federal Con-
stitution declares that mo person shall be de-
prived of his property except by due process of
law, and that private property shall not be ta-
ken for public use without just compensation
1t is universally agreed that this applies only
to the exercise of the power by the Government
of the United States. We are also protected
against the State governments bya similar pro-
vision in the State constitutions. Legislative
robbery is, therefore, crime which cannot be
committed either by Congress or by any State
Legislature, unless it be done in flat rebellion
to the fundamental law of the land"
The close OF the same paragraph shows why
it was important that no attempt should lie
made to exercise such power by Territory:
"Is it not every way better to wait until the
new inhabitants know themselves and one an
other; until the policy of the Territory is set
tied by some experience and, above all, until
the great powers of sovereign State are reg
ularly conferred upon them and properly linn
tied, so as to prevent the gross abuses which
always accompany unrestricted power in human
hands f'
Mr.. Douglas certainly read these passages,
for he borrowed phrase from them, and put
it into his own speech. He ought to have un-
derstood them. If he both read and under
stood them, why did he allege that this pamph-
let favored the dangerous heresy referred to
Let the charity which "thinketh no eviP' find
the best excuse for him it can.
That the government of a sovereign State,
unrestricted and unchecked by any constitution
al prohibition, would have power to con6scate
private property, even without compensation
to the owner, is a proposition which will scarce
ly be denied by any one who has mastered the
primer of political science. Sovereignty, which
Is the supreme authority of an Independent
State or government, is in its nature irrespon-
sible and absolute. 1t cannot be otherwise,
since it has no superior by whom it can be call
ed to account. Mere moral distractions or the
oretic principles of natural justice do not limit
the legal authority of a sovereign. No gov
ernment ought to violate justice but any su-
preme government, whose hands are entirely
free, can violate it with impunity. For these
reasons it is that the Saxon race have been Ia
boring, planning, and fighting during seven
hundred years, for Great Charters, Bills of
Rights, and Constitutions to limit the sover-
eighty of all the governments they have lived
under. Our ancestors in the old country, as
well as in America, have wasted their money
and blood in vain to establish constitutional
governments, if it be true thatsa government
without consti luton is not capable of doing
injustice. They knew better than that. They
understood very well that sovereign govern
ment, no matter by whom its power is welded,
may do what wrong it pleases, and "bid its will
ayouch the deed" sE a.i..s. $50
Now, what is the constitutional prohibition
which can anywhere be found to restrain Pop
ular Sovereignty in the Territories (if there
be any such thing there) from con6scating
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