Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-11-02

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still he processes to become indignant when he is
charged with affirming as much.
The Senator, in defence of his position THAT a
territory max exclude slavery" has labored much to
prove that what he insists, as belonging to the ter
ritories was ONLY that which our revolutionary tath-
crs claimed for the crionies-"no right upon the
part of Great Britain I'd Interfere with the internal
polity of the several colonies"
We arc surprised that gentleman of his astute-
ness should have attempted to draw parallel IN the
two cases. whcn in truth the least reflection ought
to have convinced him that the only conceivable an
alosy consisted in this. that in both instances the
actors ,ere men, but starting from this point there
il divergence in every view in which they may be
considered.
The patriots of 76 went back to first principles,
and took the position that all men were equal and
as s,ch had inherent ri ,ht, Nc, to life liberty
and the pursuit of happiness and that whenever
any form of government denied this, that they naa
right to institute new form of government. THIS
was the right of revolution, grounded upon both the
moral, as well as the natural rights of man, and to
attain this. they threw oft all government, all re-
straint whatever. and held them "enemies in war,
in peace friends.
But not so with the territories; for when the SEN
aor goes hack to first principles. and claims the ex-
crciSe of right natural and Inherent he 1"ntnes
the exercise by declaring that every distinct point
w,
Cnlon is entitled 10 all the rights, privileges and
i1nmunities Of sell: govcrnmen
Here then, he makes the territorial right not an
Inherent one hut as de,entcnt upon the loyalty OF
the citizen, and he makes the federal Constitution
as the rule Straightcge by which the obi qu'ty
(of the citizcn is to be ascertancd, and in the face
of all this he contends that the two cases are perfect
" parallel Oh, strange inconsistency, and passing
strange arrogance and presumption.
Does the Senator think that the American citizens
are fooLx and incapable of detecting the tallacy OF
such logic as this. Or does he think what is more
probab!e that in his present emergency in order to
arrive at the Executive chair it is necessary to trim
his sails and to sail from point to no pnint: Ii
so, we can assure him that he is csrcgousy mista-
ken.
The truth is. the Senator does not understand, or
if he does wilfully mi>reprrsentS tor individual az
grandizemen the true theory of the federal govern
mcnt.
1t is a political anomaly, and in all respects s"i
gtaeri as to sovereignty. and as to the modes anu
manner of its administration.
1t is neither federal sovereign, or popular per sc,
and vet to some extent it is all
When It acts on the citizens of the several States
and Territories it is popular, but when 1t depe ais
for its existence and action upon the existence
and action of the States and Territories. 1t becomes
eninenty federal but at the same time 1t retains its
sovereignty to the extent that neither State or
Territory can set at defiance act of Congress or
a decision of the Supreme Court. or annul a trea-
tv, when they are severally made in pursuance of
tie constitution for the smp" and plain reason that
the States only retain those rights which not by
the constitution expressly delegated to the Congress
of the United States.
To contend, then, that territory. acting in and
from ITSELF has the right by any discriminating tax
powers to shape its legislation. as to destroy or
eype slave property openly to resist the decision
of the Supreme Court, in the bred Scott case, as
also to disregard that clause of the federal constu-
ton which declares THAT neither life, liberty
property shall he taken without due of law.
Strange hallu"ination. III d stranger still that he
attempts its support by claiming constitutional
right to do an unconstitutional thing.
The territories. like the States. from whence they
are pcopled. have certain powers. in which their
acts are uncontrolled, and there are,certain other
matters and things in which their sovereignty has
only potential existence, that is. may oe brought
to bear upon the thing in question. provided it be
in accordance with the RI hts and duties delegated
to the federal government.
The tax power lin the main' is sovereign power,
but before it can he exercised either by State,
territory og evcn by the federal government. the ena
must be legitimate. that Is must not conflict either
with the delegated or with the reserved powers;
but whenever the end is legitimate the extent of its
exercise depends upon Legislative discreet n.
If the end be legitimate, then appropriate means
may be used to attain the end. hut if tie end be not
legitimate CONSTITUTIONAL that is if it counter,
and attempts to annul what superior has establish
et. las il the Dr"l Scott casc) to establish what
superior prohibits. {" unfricndly legislation v
then the exercise of such right is clearly revolu
tionary, and he who advises such is traitor in the
estimation Of every law abiding citizen"
In conclusion, we TO not think, however, that
Judge Douglas is aholitionist, tar-very far from
it, bnt we do think that his ,nnrlinac desire TO &C.
cupy the White House has made him :" trim his
sails as to catch the abolition breeze. He may do
So but thing is certain, and about this there is
no mistake if the Democracy of the South take
him up. it will only .,eV'hcn they are convinced
that they have to choose between the Senator and
black Republican and it will then he, with dis
tinct protestation TO his ln"rstrous hcresy.
AN OLD FARMER