The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1859-08-31

The New York Evening Post gives the
following synopsis of Mr.. Douglas commu-
nication to I" Harper's Magazine" on the
subject of Popular Sovereignty;
Under our complex system of gov eminent,
he says, the first duty of an American
statesman is to mark distinctly the dividing
line between the Federal and local govern
ments. II is a question which arises most
prominently at the present time, in regard
to the government of the Territories of the
Union. One leading party (Republican)
asserts that the Constitution confers the SUI
preme right of legislation for territories in
the Federal Congress; but on the other
hand, the Democratic party which opposes
this assertion, is divided into two opinions,
which so seriously disturb its harmony, and
threaten its integrity.
These differences OF opinion arise, accord
ing to Mr.. Douglas, from different interpre-
tations placed on the Constitution by per-
sons Who also belong to one of the following
classes First, those who believe that the
Constitution of the United States neither
establishes or prohibits slaveryin the States
or Territories beyond the power of the peo-
pie legally to control it, but leaves the
people thereof perfectly free to form and
regulate their domestic institutions in their
own way, subject only to the Constitution
of the United States. q o. 41r7IvR.t -
Second those who believe the Constitu-
ton establishes slavery in the Territories,
and withholds from Congress and the Ter
ritorial Legislature the power to control il,
and who insist that in the event that the
Territorial Legislature fails to enact the
requisite laws for its production, it becomes
the Imperative duty Of Congress to inter-
pose its authority and furnish such protec-
| ton. Third, those who, while protesting
to believe he 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 interfere for its pro-
lection, but insist that it is the duty of the
Judiciary to protect and maintain slavery
in the Territories, without any law upon the
subject 1t is needless to. say that Mr..
Douglas adheres to the first named of these
| opinions.
The advocates of the other two agree on
the one theoretical point, that the Constitu-
| ton establishes slavery in the Territories,
and compels them to have it whether they
| want il or not, and differ on the practical
point, whether right secured by the Con-
stitution shall be protected by an act of Con-
gress when all other remedies fail. The
reason assigned for not protecting by law a
right secured by the Constitution, is, that it
is the duty of Courts to protect slavery in
the Territories, without any legislation upon
the subject. But Mr.. Douglas fails to see
how the Courts are to afford protection TO
slavery or any other property where there is
no law providing remedies and imposing
penalties and comforting jurisdiction upon
the Courts to hear ant determine the cases
as they arise. He remarks:
at is difficult to conceive how any per-
son who believes the Constitution confers
rights of protection in the enjoyment OF
slave property in the Territories, regardless
Of the wishes of the people and of the ac-
, ton OF the Territorial Legislature, can sat
isfy his conscience and his cath Of fidelity
to the Constitution, in Withholding such Con.
gressionai legislation rs may be essential to
the enjoyment Of such rights under the Con.
7 stitution.
: Under this view of the subject il is i'm
possible TO resist the conclusion, that if tho
Constitution does establish slavery in tn,
Territories beyond the power of the peopl,
to control it by law, it is the imperativ,
duty of Congress TO supply all the legisla
E ton necessary to its protection, and If thi.
pi proposition is not true, it necessarily results
: that tie Constitution neither establishes no
, prohibits slavery anywhere, hut leaves III,
] people Of each State and Territory en-
tirely free to form and regulate their do