Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-09-15


MES they had been willing to eonoede TO the British
government, and kept those which ss colonies they
hsd claimed for themselves. If he win resd COM
mon school history ofths Revolution and then lock
at Art See l. g. Of the Constitution, he will find the
two following facts fally established: l. That the
Federal Government has ''power 10 lay and collect
taxes, duties, inposts and exeises;' and, 2 That
abe colonies before the Revolution utterly refused
to be taxed by Great Britss aud, so far from con-
cedng the poser, fought against it for several long
years,
There is another thing ia the article which, if
it had not come from distinguished senator. aud
a very upright gentleman, would have been opsD 70
some iGputstion OF unfsirness. lie qnotes the
Presidents message, and begins in the middle Of a
sentence. he processes to give the very vords and
makes Mr. BUCHANAN say; ssThst slavery EXISTS In
Kansas by virtue Of the Constitution of The United
States" What MIR. BUCHANAN did say was a varv
different thing II WIS thie: sit has been soIemnly
adjuieed ny The highest judcial tribunal known 10
our lsWs thai slavery exists Ia Kansas BIZ virtue of
the Constitutes OF the Unitsi States Every body
knows that by treating the Bible in thar way you
Gao prove the oE-existsnce of God
The drgameafER al h0miaen is net fair and we do
not mean 10 use it, MIR. Douglas has right 10
change bis Opiaions whenever he pleases. bat we
quote him as We would any other suihori,y equally
high in favor Of truth. We can prove by himself
that every propagation he lays down in Harpsr's
Magazine is founded in error Never before has any
public IN America 30 completely revolntioajzs 81
his political opinions in the course Of eighteen
months We do not deny that the change is nenr,-
felt and conscientious We only iasiss that As for
meIly stated hls propositions much more clearly,
and SUSTAINED them with far greater akilltg Al
better reasons, thsu he does now
Whea be took tiur 10 the South. at the begin
ming Of last Elnter, ne made a speech a. New Or
leans, 10 which he announced to the people there
that be aud his friends ia Illinois acespisi The Dred
Seon decision, regarded slaCes as property and fully
admitted the rignt Of Southern maa 10 20 ,uto any
federal territory with has slave aud 10 ho him there
as other property rs held
In l849 he voted 10 the Senate for VIII At was call
ed Walkers amendment, by 6hiah it was proposed
TO Put all the internal Affairs of California aud New
Mexico under the domination of the Ifesideai gs-
ing him almost unlimited power, Legislature j4dcsal
and erec"iiFe, over the internal oars of these Ter
rltorles- See SOth Cong, p. ) Undoubtedly this
was strange way OF treating sovereignties Ii Me-.
Douglas IS right nov, he Was guilty then Of most
RtrCcious usufpati0n.
Utah ls as much sovereign State as any other
Territory, and as perfectly entitled TO enjoy the
right # self-governmsnt On the I2th Of June,
1897, MIR. Douglas made speech about Utah Ut
Springfield, Illinois, in which he expressed opin-
ion strongly in favor of The absolute and uneo 4dtioa
al repeal of the organic act dieting IKE territorial
gogsrnsnt out Of exstsHce, and putting the people
under The sole and exclusive jurisdiction Of the Uui
ted States, ttke fort GTssrRGt dock gard or E7Gga
zine He does hot seem to have the least idea then
that he was proposing TO extinguish sovereignty;
or to trsmPle upon the sacred rights of an indspen
dent people
TIE report which he made to the Senate in 1856,
on the Topeka constitution, euunoiates very diff
ferent doctrine from that Of the magazine article
1t is true that the language is little cloudy, but
no one can understand the folio wing sentence to
signify that the territorial governments have so7er-
eign power 10 take away the property of the inhab
itants
''The sovereignty Of Territory remains in absy-
GRee Suspended in the United States in trus for the
people urtL they shall Be admitted into the Union a.
State. In the meantime they are admitted 10 enjoy
aud exercise all the rights and privileges of self
in sHboTdE1aon TO the Co1st tuition Of the
United States, and IN OBEDIENCE To TIE ORGANIC
LAW. passed by Congress In pursuance If that in
srument These rights and privileges are all de
rived from the Constitution through the act Of Con
gress, and must be exercised and enjoyed in sub
lection 10 all the limitations and restrictions which
that Constitution imposes"
The letter he addressed to a Philadelphia meeting
in February, 1855, is more explicit, aud, barring
anomalous ideas concerning the g5syanes of the
power and the 'EsPsHsIoa Of it IN frt, it is clear
enough
Under our territorial system It requires sover-
egu power to ordsin and establish constitutions and
While Territory may and should
enjoy all the rights Of self-governmeni in obedience
TO ats organic lac, it is NOT 4 SOVEREIGN PowRR
The sovereign of Territory ia cb.yanee sas
pended in the United States IN trust for The psopls
rhsn they become STATE, and cannot be agithdrarn
from the hands Of The trustee and pssfed in the peopls
Of Territory rithout the consent Of Congress-
The report which he made III the sane Month
from the Senate Committee Territories, is equal
ly distinct, Rud rather more emphatic against bic
new doctrine:
=.
held that Territory no! SOctrsigr p0agsT thst
the sovereignty Of Tsrriiory is in sbryanes, sus
pended in tue United Safes in thu for the people
when they bscIme q State that the United Sat q
as trustees cannot be Invested of the soyeieig
nor the Territory be inves ed with the right 10 as
sumo and exercise it. without tie consent of Con
gress. If the proposition be true that s,yereigu
power alone can 5Hsttiae Go0eTEmsEt and that the
sovereignty Ct TeFrlt r. is in sbeyance SUSPENDED
IN the Unlted States, in frost for the people when
hey become State, and that tue Sovereignty can
rot be dvesIed from the hAn0s of the trastee with
1ut the assent OF Congress- il follows as az ineyi-
able consequence that The Kansas legislature did |
lot and could not confer upon the Lscompton con-
Tenion the sovereign power of Ordainrg a consli-
u,ion for the people OF Kansas in place Of the or.
yanic act passed by Congress
The days are past and gone when Dir. Douglas /
ed the fiery assaults o. the opposition in the Lee
,omptOn controversy. Then 1t was his object to |
being omnipoteut, was poRerless even TO authorize
election of delegates 10 consider about their own
Ifairs Il was asserted that a convention chosen
inder a terri Orial law could make aud ordain no
'onslitation which would be legally binding Then
. territorial government was 70 be desplsed and
pit upon, even when it invited the people to come
onward and vote upon o question of the most vital
Importance TO their own interests. But now all
hings have become new. The Lecompton dispute
las ''gone g!immering down the dream Of things
hat were, and MIR. Douglas produces another issue
,rand-neW from the mint. the old opinions ara
lot worth rush to his present position II must be
usained by opposite principles and reasoning 20
ally different The Legislature of Kansas was not
overeign when IL authorized convention OF the
eople to assemble and decide what sort of consti-
ution they would have, but when it strikes at their
lights Of property, 1t becomes not only sovereign
nut a sovereign without limitation Of power We
ave no idea that Mr. Douglas is not perfectly sim
ere as he was also when he took the other side
he impulses engendered by the heat of oontrover-
, have driven him at different times in opposite
lrections. We do not charge ii against him az . |
rime but it is true that these views of his incon-
stent as they are with one another, always hdDpea
accord with the interests Of the opposition al |
ays give the enemies of the Constitution certain
mount of laid and comfort" and always add !
tile to the rsncorous and malignant hatred with
hich the abOlitionists regard the Government of
ler own country.
Yes; the LecOmpton issue which Mr.. Douglas
sde upon the Administration two years ago is
one, and the principles on which we we're then op-
osed are abandoned. We are TO longer required
light for the lawfnlness Of q territorial election
ED under territorial authority. But another Is
lie is thrust upon us to disturb the harmony al .
lresten the integrity" of the party. A few words 81
ore, (perhaps Of tedious repetition) by way Of
lowing what that new issue is or probably will be-
I'd we are done. .
We insist that an emigrant going into federal
srritory retains his title to the property which he
ok with him until there Il some prohibition enact
By lawful authority. Mr.. Douglas cannot deny
is in the face Of his New Orleans speech, and the
erwhelming reasons which support it, -
1t is an agreed point among all Democrats that
'Rgress cannot interfere with the rights Of proper
in the Territories. =.
1t is also acknowledged that the peose Of q new ct
ate either in their constitution or in an act of
cir legislature, may make the negroes within il n
ee or hold them in q state of serviiude.
But we believe more We helieye-in admitting
the law as decided by the Supreme Court, which q,
slsrss that territorial legislature cannot any =
IRE than Congress, interfere with the rights of
operiy in Territory-thst the settlers of Ter o.
DRY are bound TO wait mill the SOVEREIGN poWer 20
conferred upon them, with proper limitations be- &C
'e they attempt 10 exerGi'e the most dangerous of NJ
its functions. Mr. pJuglas denies this. and %
ere is the new issue. IN