The Placer herald., 1859-07-02
They take Issue with Senator Douglas.

Tney take Issue with senator douglas.
We have uniformly contended that the
faction which has deserved the Democratic
party in this State were the followers of D..
G. Broderick, and not of Douglas as they
professed TO be. We have had repeated evil
dences of this from time to time The ac-
ton of their recent convention has added
another proof as the following will show.
Resoved, That the right of the people of
the Territories to form all their domestic
institutions in their own way, is absolute and
complete, and that we are naturally opposed
to any interference with such right, either by
the Legislative or Executive departments Of
the General Government"
That is 70 say, SO far as the right to form
all their domestic institutions in their own
way is concerned, the people of Territory
are sovereign. Otherwise, this right would
not be either absolute or complete. That is
clear. The position assumed by this con-
vention is that the people of a Territory are
sovereign, and merely exercise their SOW
ereignty in the formation Of their institutions
Now let us see what Mr.. Douglas says on
this point. Here is his language:
Mr.. DouGLAs-I will answer the Sena-
tors question. First, l do not hold that
squatter sovereignty is superior to the Con
stitution. | hold that no such thing as
sovereign power attaches to Territory
while Territory. hold that Territory
Constitution under the organic act, and no
more. l hold that all the power a Terrtor-
rial Legislature possesses is derived from the
Corstituton and its amendments, under
the act of Congress, and because | hold
that denied last year that the people of a
Territory, without the consent of Congress,
could assemble at Lecompton and create an
organic law for that people.
1t is only necessary to read the resolution
and then Mr.. Douglas language to see at
once that the two positions are wholly ire
concilable. Mr.. Douglas position is very
clearly defined in the foregoing extract. lie
holds that no such ,hing AS sovereign power
attaches to Territory while Territory.
And carrying out this principle, he says he
opposed the admission of Kansas under the
Lecompton Constitution because, he says,
That Constitutions can only be made by
sovereign power, and because the Territory
was not sovereignty, that was not a Con-
stitution, but a petition.
So, according to Mr.. Douglas, there is no
sovereignty whatever in a Territory, and no
act of sovereignty can be legal and valid
without the consent of Congress-; and for
that reason he contended it was necessary
for Congress to pass an enabling act before
the people of Territory could form Con-
stitution. Mr.. Douylas did not choose to
repudiate the bred Scott decision and con-
sequently did not deny the power of Con
gress to protect property in a Territory, but
he placed it upon the ground of compro
mise agreed upon 10y the Democratic party
and satisfied in the passage Ct the Kansas
Nebraska Act. He says Congress agreed
that, in future, it should be judicial ques-
ton; and that he wishes this compromise or
agreement to be carried out in good faith.
That's the ground he places it on, while he
takes particular pains to disclaim the opinion
that sovereignty attaches to territory.
Thus it will be seen that in the passage
Of the above resolution, the Broderckites
repudiate Judge Dodglas and endorse Brod
erick. 1t may appear, at the first glance,
that the difference is very slight and unim-
portant, but on a more attentive eXamna-
ton it will be found to be of the utmost
Importance, and liable at any moment to be
productive of serious consequences. For if
the people of Territory are sovereign, they
certainly have a right to act independent of
Congress, and are, therefore, entirely free
from any restraint This Mr.. Douglas de-
nies, and will, no doubt, oppose it to the Bit
ter end. For example, the people Of Wash
ington Territory may 60 to work at any mo-
ment, call a convention, form and adopt a
Constitution and present themselves at the
doors Of Congress for admission into the
Union. Broderick and his followers, nclu-
ding the Black Republicans, swould be in
favor of receiving her, (provided always the
Constitution suits them) while Mr.. Douglas
would oppose it on the ground that it re-
quires an act of sovereignty to form con-
stitution, and as no sovereignty attaches to
Territory, it is first necessary that Congress
should pass an enabling act, under and by
virtue of which the people would derive the
power to form Constitution. 1t is clear
that under such circumstances the factionists
in this State would desert Douglas, and in
all probability would denounce him as fierce
ly and as bitterly as they now denounce Mr..
buchanan. MarysviUe Express.
KossUTH IN SARDINIA.-A letter from
Turin says; Kossuth, of whom nobody has
heard in England for some timo, or even
here. is secretly at work in Sardinia, where
he is sincognito. and holding communication
by means of emisssries with the Hungarian
portion of the army-one-third of the
- 4 vvhI RI u