The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1859-05-26

Popular Sovereignty Abandoned by oug-
las--How Slavery is to be forced into the
Territories.
We have before spoken Of the Wash
ington States as the special organ of
Senator Douglas, and recent events
have shown that we have characterized
it correctly. Its prospects which has
been circulated quite extensively of
late, contains personal request from
Senator Douglas to his friends, to aid
in its support. As the exposition of his
views its position becomes important,
and we note in its issue of the 10Th,
an article, which should not be permit
ted to pass without comment. It's OBJ
iect is nothing more or less than to
show that non-intervcntion IS not
"Squatter Sovereignty" so that at last,
even Douglas has abandoned the latter
humbug. 1t says:
I'VE confess ourselves at loss to
understand the obstinacy with which
certain of our Southern contempora-
ries persist in treating non-intervention
as equivalent TO squatter sovereignty.
On their own theory, the denial of the
power in Congress to prohibit Slavery
in the Territories involves a denial of
the power to derivative and subordi-
nate authority. Their argument ap-
pears to imply that the power, however
must exist somewhere; and being with
held from Congress, it rests necessarily
in the Territorial Legislature. For
our oscn part, zoe contend that 1t IS in
competent for Federal Government,
IN any form Of operation, either By the
immediate erertioa Of ats authority,
through the agency Of q substitute, to
enact an exclusion Of &arery from the
common domain.
This is our proposition: BY the
compromise of 1850, the Kansas-Ne-
braska act, and other declarations of
its will, Congress renowned the exer-
else of any direct jurisdiction over the
Territories, and delegated its power to
the local Legislatures. The legitimacy
of such substitution is incontestable,
since Congress has always employed
the cxpedient of Territorial Govern
ments through which to exert its au-
thority; and if it may delegate a por-
ton it may delegate the whole of its
power to these subordinate institutions.
But Congress could 5estosc no author
ity on the local Legislatures Of achich
1t scos not itself possessed; and hence
ace maintain, that a transfer Of oil ats
authority does not incoloe the right to
prohibit the introduction and establish
ment of Slavery in the Territories.
This conclusion is IN exact accordance
scith the principle propo,mded by the
Supreme Court IN the bred Scott
case"
In this view of the matter, the &C un-
friendly legislation spoken of by Sen
ator Douglas, would beyond question,
should case involving the point come
before the Supreme Court, be decided
unconstitutional. This is evidently what
the States anticipates, for it at once
proceeds to argue the way of escape
from the dilemma, arising from the de.
clarations made by many Northern
Democrats, that Territorial Legisla-
ture may prohibit slavery. On this
head its language is highly signif
cant:
eff the Territorial Legislature at
tempts to exercise power in disparage
ment of slavery which the South will
not admit within its Jurisdiction, anS
injured party may carry its grievance
before the Supreme Court. Is at haz
ardous to trust that tribunal on the as
sae? We answer, leaving out of view
its general wisdom and integrity, the
Supreme Court is k7aoacn to be reliable
from the fact that 1t happens to haze
orejudged the Gerry point IN dispute
In the bred Scott case it was deter
mined by this august tribunal thatneith
err Congress nor a .fortiori the loca
Legislature, schich as tie creature o.
Congress, can prohibit .SldUery an tn
Territories. Years before this decis
ion, Mr.. Calhoun avowed his perfec
willingness to remit the rights of slave
ry in the Territories to the arbitramen
of the Supreme Court. The result ha
justified his prophetic sagacity; ant
zee, scho are soise after the ece,at, haze {
positive assurance of safety IN Tearing
slavery az the Territories to the protec
ton of the Courts"