Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1859-07-22
NH the possibility Of the universality of le.

IL toituWs as legal and logical sequence
that as the Constitution is the paramount
law 1t tho natl IN, it idstifes slavery every
where, IN State or territory, anu that there
" no power, in State or nation, short Of an
amendment of the Consultation, which can
reach il, Slavery would thereby be en-
thruned as q 'pceular iustititution.r en-.
dowed with pcculitr rights ard privileges
and with the right IL rejection OF the gov
eminent, and Iajght hold up the Constitu-
s'on ms its protecting egis, and BID defiance
to the people of the states or uati1a.
between fese parties the free states shauld
have no choice, can have none. certainly not
preference for the latter. The one audac-
ioasly enough it is true asserts right and
demands recognition OF it by adequate pro-
tectien. The tier timidly admits the right
and makes an unmanly effort to deny it pro-
lection. The statesman who proposes thus
and argues thus, it need hardly be stated
does not even prof s. an adequate remedy
fJr the evil complained Of. Tie does not
even profess to reach the point OF difficulty
1t is not possible to r,aca it in this way
The great question is the right Of property
in slaves, under the constitution, and OF
transit into the territories, and consequently
the right to hold that property above the
power Of Congress or the people.
That right conceded. the contest Of prin-
ciple is over, ana slavery has triumrhed, and
the people are vaaquised, and however "a
locality may annoy it, and attempt to drive
1t out, under the taking p9wert by I'M
friendly legislation, slavery will, in that
event, have the government, the court, and
the constitution on its side, and victory will
be neither difficult nor uncertain.
All arbitrary determinations against it
would of course be declared demonstrations
Ivy the federal judiciary, and it would not be
considered national" to resist such DEGREES,
and soon it would come to be anti-deHo-
crot " to do 50. His position is this. He
admits the constitutions. rights o; property
in slaves, and says what! That the reorie
ought not to sustain that risht-that the
Stakeholder has an advantage under the
constitution iii his Slave property that does
not deserve protection and that if he Were
the owner of Il hundred slaves he would in
woke the vengeance Of the people upon it
that the people have right to refuse it pro-
,ection-he is estopped by his concession to
SAY thcsa things
1t may be assumed then that the donla-
ant party does not in its measures or ralicv
sssumd the polrsr or purpose = restrict Slave
w, either by Congress. the territories or the
people but clearly denies oil such power.
and diselaims all such purpose For the
maintenance ii such power. and for such
purposes the people must lock elsewhere, -
Unless it is to be yielded that the .americ n
people are net sovereign ever their ullitieal
institutions, a. exiseney in r5litie.i affair.
has arisen. when it i necressarv IL assert
and maintain the .lsou;e Sovereignty of the
panpe over all political questions The
.islericGa Congress, 1citA ieAct IS lie parsf
Of goeeraiag tha trFr1t,rtsS, must b ieid I.
possess the Do1rer and the r,7tt 30 deiegr
that pouer 10 the people o'the Icriforils. 4
erercise. as sarereiga pa}tfiaai ri5lt, no
3udidiaf, ADORE he court. and tcjth ,cljch II.
court caa not interfere. and tiat tic peopi
,caea thy come to form a S.ate Constitution
mar determine the question a5solpteiy. as az
act of independenf state sorereiqanfY. Thcst
doctrines are u1t Bew or extraordinary. bu
have been uniformly recognized and pr.lc
tced upon, from the org ,nizati5a Of tn,
government
C1nsress has always been held = posses
the plenary powsr oyer tae whole suhiect.-
The territorial government has been held t
rosess Just 81 much as and no more pewei
than Congress delegated. and the inhahi
tant:. occupants OF the territory of ths [ nj
ted Stafes. not being or assuming to be al
Independent or sovereign people. bat Deepen
dent and ,talsin: rfiye NJ inherent right o.
general power of leg station. independent o
their organic act. | say again the pe5pl,
will look in vain to til, d5nin4nt party FL
the power or the purpose to restrict sltyery
viii the Democracy Of Maine declare
against the right Of property in si4yes under
the Constitution? the right Of transit t,
and from the territories? VIII they Geclar,
for the power of Congress CT the power OF q
territorial government. to exclude slavery
absolutely, a great political right. and sub
ordinate to no power. hy way of revision
VIII they strike Gown the provision for APP
peal from the sovereign people II the Su
preme Court, upon question Of freedom o,
slavery contained in the Kansas Nebras ka
act?
Will they maintain that there is absolute
sovereign power anywhere, in Congress. ter.
ritorhli government. or people of territory
or state TO exclude slavery, without an if OIL
hnt. or reference to the Court for revision
or reference to the Constitution?
Dare you assert. as Il party, as national
demoerats-son,d national democrats. that
the people OF this country, uron q purely
political question, in the spirit Of the herr
and patriot jackson, may interpret 1.-THE
Consultation as they understand it9" /
know you have not 50 asserted of late. and
l fear will net. ! know rs party non
graeed-not lin 1854. that upon this
question of slavery You would have no opin-
ions. you would not think of it. or talk
of it. unless forced to Do So You said Il
had been a troublesome question, and it wa.
perilous to have opinions upon it. You
would refer it to the Courts You would
make it n judicial question YOU would call
question involving the Inherent political
rights, of personal liberty. Judicial; a mere
question Of property, contract. commerce
mercantile, Insurance, or what not, not
within the province ofan American states
man, and to be referred to the Court ::
and 50 you said it was expedient that Con.
gress should not intervene in this question
hereafter should not express opinions Oh
Siee directions, would not exercise the power
itself, and would not give the Territorial
government, authority to act. but il 1t did
presume 10 act, IT'S acts should all be subject
TO q revision by the Court, and so the Court
should MT only fix tine creed for the partv
but should he invested with the extraor lima
~ power of determining tine political DOW
ers Of Congress, and thus a great party. tn,
dominant party Of the nation, determined s.
far as that party was concerned, it woult
never thereafter entertain for itself opinion,
npon the great political questions of person
al freedom or slavery in this country bu
fal n I,,,,,