The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-09-01


excuse for refusing to support the nominees OF
the Republican Convention.
DOUGLAS IN A NEW CHARACTER.
The September number of Hayper's Mago-
zine contains an elaborate article, entitled
"The Dividing Line between Federal and
State Authorities" by Stephen A. Douglas
As we never before understood Mr.. Douglas to
be an aspirant for literary honors, we should
be tempted, but for the subject and its charac-
teristic treatment, to regard the use of his nane
as contributor to purely literary magazine
as the unauthorized act of some adventurous
wag, or of some obscure namesake. But there
is no mistaking the footprints of the Illinois
Senator. His mind is so completely absorbed
in his favorite theme of popular sovereign
ty," that every idea and illustration connected
with that subject, has become stereOtyped (;
and every reproduction, in speech or essay, is
redolent of the same figures and turns of
thought.
Whether Mr.. Douglas is emulous of the
fame acquired by Mr.. Everett as contributor
to the Ledger, and whether, like that gentle
man, he yields to the tempting offer of ten thou
sand dollars, to be donated to the Mount Yer
non fund, we are unable to say. But we doubt
not that both the publisher and the author will
:" make good thing of it." The magazine is
said to circulate 125,0O0 numbers monthly,
and Mr.. Douglas, as Presidential aspirant of
the Wise school, who knows how to paddle
his own canoe" does well to gain access to its
columns for the diffusion of his stump speeches
over the country. The novelty of the enter
prise will secure to the September number an
immense sale, thus bringing honor to the au-
thor and profit to the publisher at the same
time
The articles in the magazine are copyright
ed but we presume that we shall not injure
its sale by few brief extracts, unless the pub
lie find them more heavy and distasteful than
we suppose. He states that the Republican
party assert that the Constitution confers the
supreme right of legislation over the Terrific
ries upon Congress; and that the Democratic
party, which opposes this assertion, is divided
into three opinions, which seriously disturb
its harmony, and threaten its integrity" These
differing Democratic theorists are, according
to Mr.. Douglas, as follows:
81. Those who believe that the Constitution
of the United States neither establishes nor
prohibits Slavery in the States or Territories
beyond the power of the people legally to con-
troll it, 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
90. 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 to interpose its authority, and furnish such
protection.
80. Those who, while protesting to believe
that the Constitution establishes Slavery in the
Territories beyond the power of Congress or the
Territorial Legislature to control it, at the same
time protest against the duty of Congress to in
terfere for its protection; but insist that it is
the duty of the Judiciary to protect and main
tain Slavery in the Territories without any law
upon the subject"
The first of these positions is that occupied
by Mr.. Douglas. The second, we may add, is
that of Governor Wise, Jefferson Davis, Mason,
Toombs, Stephens, and, in word, large ma
jority of the Southern Democracy, as well as
the Southern Opposition. The third is the
temporary Iodgment-a sort of untenable half
way house-of the Administration and the
Hunter party. But it has no substantial found
alton, and will tumble down at the first rude
push from Wise and Davis. The factions hold
ing the second and third positions agree as to
the power and duty of Congress to protect Sla
very, and only disagree as to the utility of in
sisting upon it. The impetuous Wise and Da-
Wis, backed by the South, insist that Congress
must protect Slavery. The Administration,
with the ofice-holders, give up the right of pro-
lection to Slavery as hopeless. Even Mr..
Douglas himself thus rudely pushes these mid
die men to the wall. He says:
at is difficult to conceive how any person
who believes that the Constitution confers the
right of protection in the enjoyment of slave
property in the Territories, regardless of the
wishes of the people and of the action of the
Territorial Legislature, can satisfy his con-
science and his oath of fidelity to the Constitu-
ton in Withholding such Congressional legisla-
ton as may be essential to the enjoyment of
such right under the Constitution. Under this
view of the subject, it is impossible to resist
the conclusion that, if the Constitution does es-
tablsh Slavery in the Territories beyond the
power of the people to control it by law, it is
the imperative duty of Congress to supply all
the legislation necessary to its protection ; and
if this proposition is not true, it necessarily re-
suits that the Constitution neither establishes
nor prohibits Slavery anywhere, but leaves the
people of each State and Territory entirely free
to form and regulate their domestic affairs to
suit themselves, without the Intervention of
Congress or any other power whatsoever"