Daily national Democrat., 1859-11-26
Judge Douglas ON Attorney General
Rl0ck.


more powerfrl article even than the original
Essay in IIarpers Magazine. The PROPOSE
tions Of Mr. Black are completely ovcrthrown
and the alsurdty of his arguments exposed,
with an ease and grace truly remarkable In
fact, Judge Douglas plays with the Attorney
General ms a cat with mouse. preparatory
to making a meal of him. No one can read
the rejoiuder of Judge Douglas without the
conviction at once that Black is used up
man.
As to the wanton charge made against him
of fighting the Judiciary Judge Douglas
shows conclusively that he has ever muiu-
tanned the supremacy Of the Judiciary and
has always fortified his positions by the au
thority of decisions rendered 10y the supreme
Court The positions which Attorney Gen
Black declares are in conflict with the Judi
ciarv. Judge Douglas re.estahlishes by a
weight ofautbority from the Supreme Court
ofihe United states perfectly overwhelming
Attorney Gen. Black denied that the Ter
riio,ies have any attributes Of sovereignty.
Judge Douglas demonstrates that they have.
and this without claiming for them the title
Of absolutely yso, ereign communities. The fct
that they exercise any legislative authority,
whatever, shows that they possess some OF
the attributes Of sovereignty. for, as Chief
Justice Marshall says, "all legislative powers
appertain to sovereignty" Even the organ.
] :. II. I 81, r
and Nebraska declares "the legislative power
Of the Territory shall extend 20 all rightful
uljects Of legislation" That slavery is one
Of these sui ieets Of "rightful legislation is
manifest from the fact that the Kansas Ne
hraska Act expressly alludrs to it as such,
declaring that "it is the true intent and
meaning Of this Act not to legislate slavery
| into any Territory or State but to leave the
people thereof perfectly free 10 form and reg
ulate their domestic institutions in their own
way. subject only to the Constitution of the
United States" This subject was especially
left to the control of the Territorial Legisla-
ture. The only limitation imposed upon the
exercise of such power was that it should not
conflict with the Constitution of the United
States, aud this limitation was scarcely nee
essary. for no sort of legislation in any por-
tion of the Union is allowable if it conflict
with the Federal Constitution. If the Ter
ritorial Legislatures as Black says, have no
attributes of sovereignty. how does it happen
that they exercise, as they ever have done
power over life limb and property? How
is it that they tax citizens within their limits?
How is it that they create corporations
The fact is they do exercise many of the at
tributes Of sovereignty and no one ever
thought of denying it, before Attorney zen.
Black undertook to do so, thereby rendering
himself supremely ridiculous
Atty Gen. Black, without expressly assum.
ing he position that slavery is Federal in
stituion, drives himself into it hy means Of
the propositions which he adyocatrs Doug
las contends that slavery is altogether local
Institution, and sustains himself perfectly, in
the assumption. The Constitution Of the
United States recognizes slavery in no other
sense than as a local institution. 1t notices
slavery as existing IL, tie States under the lars
hereoE A slave is sdefned by that instrument
as "a person held to service or labor in one
State, uDdcy' Tie lars thereof" Not under the
laws of the United States nor by virtue of the
Federal Constitution, hut 10y State authority
merely In futherance of this same idea of
the strictly local character OF slavery. the Flu
gitive Slave law of 1898 which was continued
in force in 1850 recognizes slavery as existing
in the Territories only by virtue Of the local
law, fer it expressly pio,ides: "That when
person held to lalor in any Of the United
states, or in either of the Territories on the
north, west or south of the river Ohio, uN-
DER THE LAWS THEREOF, shall escare, DC" he
shall be delivered up. The Supreme Court
Of the United Suites has itself decided that
slavery "is mere municipal regulation,
founded upon and limited to the range of the
Territorial laws" If it be mere "municipa
regulation" what authority has Congress to
interfere with it2
The Supreme Court has never decided that
slavery exists anywhere by virtue of the Con.
rtitution of the United states, but has ever
recognized it as a local institution. Further
mere if the power to legislate on the subject
Of slavery in the Territories has ever been
claimed 10y Congress, it has long ago been
formally and absolutely delegated to the Ter
ritories.
There are several other unanswerable po-
sitious assumed and maintained by Judge
Douglas, which we slonld like to notice hut
time forbils. We may allude to them here
after
SrEruEN A DoueLAs IN AEKAxsAs.-The
Little Rock Gazette says:
ExGov. H. :. Footr recently delivered a
speech in Arkansas in defence of the views
Of Hon. Stephen A Douglas After he had
concluded, resolutions were adopted endors-
ing the policy Of popular sovereignty" as
the only constitutional and safe exposition
OF the subject Of slavery"
WHALES OFF BENICIA.-A vessel coming
down Carquinez Straits, off 5enicia, dav be-
tore yesterday, came in pretty close contact
wlth large sized humphueked whale. which |
| arose TO the surface several times and cnusrd |
no httle excitement on the part of n certain
whaling captain, who lonued for nothin,, 50
much as whaleboat and "the fxins ,S;,L
which to get at the unwieldy visitor W.
were not aware that whales had been seen
so far inland in these waters. s.-Altd.