Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-09-15
COMBINATIONS
On senator Douglass Views of Popular
Sovereignty, as expressed i'm


Every oue knows that Mr.. Douglas, the Senate
from Illinois, has written and printed an elsborat
essay, comprising thirty-eight columns of Hdrpsr'
AaeG-m,, ia which he hiss undertaken TO point on
the dividing line between federal and local author
ity.' Very many persons have glanced over il
paragraphs TO catch the leading ideas without Lost
If tme, and some few have probably read it will
care
Those Eho dissent from the doctrines Of this pa
per owe 70 its author. if TO its Arguments mos
respee,fol answer. Mr. Douglas is not the man Il
be treated With disdsneful silence His ability il
fac ulqu,siioned; his public career in the fact
VI may Disadvantages, has been unoommOnly sue
-u.; and he has been for many years a working
struggling candidate for the Presidency. liz is
moreover, the C0rypheus of his political sect-tht
founder ct a new schOol-And his disciples natural
u believe ia the intslble verify Of his words So
part of their faith
The style Of the article is in scme respects
highly ceHmendsble II is free from the vulgar
cap Trap Of the stump has no vain adornment Of
classical scholarship; it shows sign Of the clio.
qHeni Senator; il is even without the logic of the
great de5ster Many portions OF it are very OBJ
scuVe. 10 70 be unsuccessful effort at lie.
gal precision; like The writing Of a Judge who is
trying IN vain 10 give good reasons for wrong de-
oision On question Of Law which he has not quite
mastered
Wi,h tHe help Of Messrs Seward and Lincoln. he
has defined accurately enough the platform of tn.
conceal ans conviction tnat their doctrines are in
the last degree, dangerous They are, most sssur-
edy, lull Of evil and saturated with mischief The
'irrePressible conflict which they speak Of with 50
much pleaEre between the opposing and end Iring
forces Of The northern and southern States viii be
fatal merely 20 the peace Of the country hut to
the existence OF the Government itself Mr. Doug-
las knows this, and he knows, Also that the Demo-
cratic party Ia the only power which IT, or C IN be-,
organized to resist the Republican forces or oppose
their hostile march upon upon the capital He who
DIVIDE and Weskens the friends of the country st
such cTisis in her fortunes assumes very grave
responsibility.
Mr. Douglas separates the Democratic party into
three classes, and describes them as follows
"isL Those who believe that the Constitution
Of the Uoitei States neither establishes prohb
its slavery in the States Territories beyond the
power the people legally to control it, but leaves
the people thereof perfectly free fo-m and regu-
late their domestic institutions in their owa way
subject only TO the Constitution of the United States
"S.r9fi Those who believe that the ConFt tuition
establishes slavery in the Territories and wit abolds
from Congress and the territorial egislatt re the
pORey control it, and who insist that in the event
the ter- sI legislature fails 10 enact the requisite
laSs t1r ts protection, il becomes the imperative
duty Congress TO interpose lis Authority and fur
nish such protection.
"T4irF Those who. while protesting 10 believe
that the Constitution establishes slavery in the Ter
ritores Beyond the power Of Congress or tho terri
tOriaJ gisature TO control il, at the time pro
test against The duty Of Congress 10 interfere for its
protection bat insist that it is the duty of the ju-
dietary protect and maintain slavery in the Ter
rito1ie1 without any law upon the subject"
We give Mr. Douglas the full benefit OF his own
statement This is his mode of expressing those
differences which, he says, disturb the harmony,
and threaten the integrity, of the American Demo
crscy. The passages should, therefore, be most
carefully considered
The i:st class is the one to which he himself be-
longs and TO both the others he is equally opposed.
lie has no right TO come between the second and
third class. Ii the difference which he speaks of
does exist among his opponents, II is their business
not his to settle it or fight it out We shall there
fore. confue ourselves to the dispute between Mr..
Douglas and bis followers on the one hand, and the
resi- OF the Democratic party the other, presum-
ing that he will be willing to observe the principle
has no concern
We viii invert the order in which he has discussed
the subject, and endeayor TO show
l. That lie has not correctly stated the doctrine
held by his opponents; and,
2 That his own opinions, as given by himself,
are altogether uusound.
l. He says that certain portion Of the Demo-
cratic party believe, profess TO believe that tile
Consolation esta6lsheS slavery in the Territories and
insist that il is the duty Of the Judiciary TO main
tau 10 there cithoUt any Tao on the subject. We do
net charge him with any intention 10 be unfair; but
assert Thai he mas IN TACT done wrong TO, prODa
bly,, nueteen-twentieths Of the party; by attempt
iug 10 put them on grounds which they never chose
for themselves.
The Constitution certainly does not establish slave
~ IN The Territories, nor anywhere else. Nobody
IN this country ever thought or said But the
Constitution regards sacred and invioable all the
rights which citizen may legally acquire in State
II a acquires property in State and goes with
il into a Territory he is not for that reas.n TO be
stripped Of it. Our simple AID plain proposition
g. tbai the legal owner of slave or other ohattel
may 20 with it into Federal Territory without for
fcitiug his title.
Who denies the truth Of this, and upon what
ground can it be controversial The reasons which
support il are very obvious and very conclusive. As
a jGrs, and a statesman, Mr.. Douglas ought TO be
familiar with them, and there was 9 time when he
vas supposed TO understand them very we'll. We
will briefly give him few Of them.
Do is an automatic principle Of public law that
rfr-t Of property, private relation, condition
status lawfully existing in one State or country, is
oi CHANGED by the removal Of the parties to snoth
rr country unless tue law of that other country be
ia diroct conflict with il. For instance mar
rage legally solemnized in France is binding in
America. children born in Germany are legitimate
# they are legitimate there; and a merchant who
buys goods 10 New York according to the laws of
that State may carry them to Illinois and hold them
there uulsr his contrast IL il precisely so with
the stasur Of negro carried from one part Of the
United States another; the question Of his free
dom depends on the law Of the place he came from,
suG depends on that alone, II there be conflict
,uC law at the place - which he goes or is taken
ne Federal Constitution, therefore, recognises
lr-rv SO q legal condition wherever the local gov
-. sts have chosen 20 let il stand UnRbolished,
and -re r,js il illegal wherever the laws Of the
,,,sa, lsve forbidden it. slave being property
in I.-a.nis, gmains property; snd his master has
all Gil. RIGHT Of Virginia master wherever be msy
"a ,.th,i be 20 nos 10 any place where the local
- DC T. c ri
srcr.r .l-t the Constitution itself furnishes to
lie Igr-.5ues conflicting Law. Il CO lsalns no pro-
vision ...t cgn be tortured iHL2 any sembSnce OF a
prohibition
q. Use asPuis en- the question whether slavery
or freedom is local general, is mere war OF
word Iac black race in this country Is nelSher
bond gor fec hy virtue of any general lay That
portion % IS which is free is tree by virtue Of some
Ioea regulation, and the slave owes service for q
similar rca5on. The Constitution and laws of the |
Uuirad State simply declare THAI everything dene in
the premises OF the State governments is ri hit sud
they sa' be protected in carrying il ou. Bat free
NEGROES and slaves may both find themselves out |
eide O.. my State jurisdiction, and in a Territory
where no regulation has yet been made on the sub-
iect There the Constitution is equally impartial
II rciib-r frees the slave eusaves freeman
"a requires both 10 remain IN quo until the
ztaas already Impressed upon them by the law of /
their previous domicil shall be changed by some /
competent local authority. What is competent local
al kCiliy "a At&al'oIy VIA LS SlsehHeIc COhslu-
eted.
?. The Federal Constitution carefully guards the
Eights of private property against the Federal Gov
ernmgut self by declaring it shall not be taken
for pUbic use without compensation, nor without
due process Of law. Slaves private property, !
sud every who has taken 81 oath Of lelity 10
the C-astiLutioa is relgiousiy, morally and pOiit
cnly buuad to regard them such. Does anybody |
suppose that a Constitution which acknowledges |
the sscreduess Of private property so fully would
Wautouly destroy that right by any words that
are found in it, but by mere implication from its
general principles! IL might as well be asserted |
that the general principles Of the Constitution gave
Lsue and Montgomery license to steal horses in |
fho valley Of the Usage.
4 The Supreme Court Of the United States has |
decided the question. After solemn amendment |
and careful consideration, thst august tribunal has
announced that STAKEHOLDER, by going into Fed |
era Territory does not lose the title he had TO his
negro in the State from which he came. In former
tines, question Of constitutional Law once de-