The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-10-27
APPOINTED JUDGES.

APPOINTED JUDGES.
There is another thing which seems TO be o.
some importance. If the people are to be free
10 regulate their own affairs, they want their
own Judiciary above all things, they want their
own judiciary, which is to construe their Con-
stitution and all their laws, and to determine
every question Of private right between man
and man. We have got that here in Ohio, but
how IS It IN the Territory? This very bin which
Judge Douglas brought in, and which he refers
TO as his illustration Of his patent notion of pop
ular sovereignty gives to the President the
power to appoint the Judges of the Territory.
| saw at once that it was thing the people
needed, and proposed, if we were going 70 leave
this people to regulate their own affairs to give
them An honest system, and I,fhOved 10 amend
the bill by giving the people the power to elect
their own Judges. Who voted for that? The
Republicans. Who against it? These same
Democrats these men who pride themselves
to-day upon their advocacy of popular sOyer-
eighty. Then the people of the Territory, by
this Kansas ebraska bill, which Mr.. Douglas
always appeals TO with such peculiar pleasure
as bis bill, as nv Kansas-Nebraska bill, I"
laughter, had constituted for them Govern
or; It defined the powers Of that Governor; it
refused to give to that people power to exclude
Slavery, and the power of its Legislature was
controlled By veto; it refused to them the
power to elect their own Governor, but said,
behold this grand embodiment of free insttu-
tons upon the plains of Kansas; there Is a
people who are controlled IN every important
respect by the Federal authority; behold pee-
pie left perfectly free to regulate their own in
situations In their own way. Laughter and
applause. Was there ever a more transparent
humbug on the face Of the earth Is it not
amusing that man, under the light OF the
nineteenth century, can be found to 60 among
the people, and be the especial friend and ad-
vocate of popular rights, when he sends men
into Territorv bound hand and foot, exposed
70 the creates. curse of humanity, and without
power to lberate themselves?
ABOUT CoPY-RIGHTED ARTICLES.
But Judge Douglas tells US the people have
some power. A few words as to that and then
/ shall say nothing more.
Mr.. Douglas tells us that be thinks the peo-
pie have got some sort of power. lie has got
this magazine article, in which he lays down
kis ideas Of popular sovereignty, and he tells us
that this great harmonious party" is divided
into three divisions by radical differences of
opinion that is q singular kind Of harmony,
be saws, which " seriously disturbs It's harmony,
and threatens is unity" l don't think its in
tegrity need be cared much about. Laughter. !
What are his divisions2
Of the United States neither establishes nor
prohibits Slavery in the States or Territories
beyond the power Of the people legally to con-
trol Il, but leaves the people thereof perfectly
free TO form and regulate their domestic insti-
tutions IN their own way, subject only to the
Constitution Of the United States
-. Those who believe that the Constitution
establishes Slavery in the Territories, and with
holds from Congress and the Territorial Legis-
lature the power TO control it; and who insist
that. in the event the Territorial Legislature
fails to enact The requisite laws for its protec-
ton, it becomes the imperative duty Of Con-
gress 10 iuterPose ats authority, and furnish
such protection.
d" 3. Those vho, while Nyofsssing to believe
that the Constitution establishes Slavery IN the
Territories beyond the power of Congress or the
Territorial Legislature TO control II, at the
same time protest against the duty Of Congress
10 interfere for It's protection but insist that IT
is the duty Of the judiciary to protect and
maintain Slavery in the Territories, without
any law upon The subject"
ITO control it." Not to exclude it, You OBJ
serve. You are not TO turn the hogs out OF
your corn when they come in, but you may con-
troll them while they are eating your corn.
Laughter.
This consists Of tvo1fropSitions. You will
observe in TIC GFst place, the Constitution does
not establish Slavery in tie Territory beyond
the power Of the people legally to control II"
What is legallv7 They may control 1t so far
as the law allows them. What is the law
The bred Scott decision. 1t leaves the people
perfectly free, subject to the Constitution
that Is, the Constitution leaves the people per-
fectiy free, subject TO the Constitution. The
Constitution leaves the inhabitants just as free
as the Constitution leaves theml laughter.
That is . miserable trusIn, and it Is mere
words, signifyirg nothing but one proposition,
and that is, that Slavery is in the Territory, and
the people, some way or other, may control il
there.
Let Us see what Mr.. Douglas LAYS down wher
he comes into Ohio. When he wSs at Column
bus and Cincinnati, ne laid down divers propo
sitioas, in which he began almost to talk of ex
Guiding Slavery. When he got up here, som,
one had put into his hands Judge Blacks pamph
let-Jerry Black, as he called him, or Blacl
Jerry, as some men call him, and his anxiet
"a 10 protect himself from being unfaitbful +
the iired Scott decision and the shareholders
What docs he say2 Judge Black had sal,
that Douglas claimed for the people of the Ter
ritories soyereiE nty; not that they could keel
Slavery out of the Territory, but that, afte
they had got X into iile Territory, then, in SOM
way or other, they cOUl& control it so as to turl
it out. Judge Black said "a was inconsisten
with himself, because lie had neuied that soy
ereignty.
He (Douglas) says: This statement Coz
tains double falsehood. First, that adyo
cate the coniiscaGon of private property; an
second; that l justify it on the ground that
Territory IS sovereign power. i never said,
SAYS he, that Territory is a sovereign power.
/ should like to know where popular sovel
eighty Is, then. 1t is not in a Territory, az
cording TO this. He goes on: % never uitere
such a piece Of nonsense In any speech or n
port that | ever made or wrote. The author
the statement knows that / never did, for h
occupies the last two pages of bis pamphlet
proving that / sad, over and over again, that
Territory was not sovereign power. u
quotes from my repOrt--uow OBSERVE III
sovereignty of a Territory replsins in abeyance
/ don't know what that means, but I Suppos
he does--Guppose, however, il is not panicalarl
important, x We should not know" " The so
e-eignty OF a Territory" he says, "remains
abeyance-suspendcd N the United States
Suspended Laughter.i Where isit? 1t
suspended somewhere in the United State
Hung up to dry, presume. Laug1ter. u
trust for the people until they shall be ADM
ted "A State. Just look at that The pc
pie Of a Territory have no sovereignty, he sar
here, until they come TO be admitted as Stat
This is exactly what | charged in 1856, tn
they did bot mean that the people of TER
tory should exercise the rights of sovereign
until they came 10 be admitted as a State. q
the meantime Just sec what the people of
Territory may do IN the mean tiroe-and n We,
mean aBle they had OF it Laug...ar.l "The
are admitted toeBjoy all the rights and pbriacinl
of sell. government in subordination to the Co
sttution Of the United States, and in obedien,
IN the ORGANIC lsw passed by Goa, .-rass In ~,