The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-01-13
4PoPuLAR sovEREIGNTY.n

| Territories. 1t IS OF democratic coinage, anC
the first issues bore the imprint of the venera
bic Secretary of State.
We quoted at length, five or six weeks
ago. from the famous q Nicholson letter " o
General Cass, the first announcements of the
doctrine from any responsible source; and We
at the same time explained the circumstances
which drew it FORTH 1t was successful bid
for Presidential nomination, but not a success
full bid for the Presidency. Prior to the pro
mitigation of this doctrine of Congressional alb
negation, the Democracy in common with
the Wigs and Free Sellers, held in the limo
cency of their hearts to the old landmarks OF
Jefferson, who was the author of the Ordinance
ofl767.
The Nicholson letter appeared in December,
1871. 1t was the first authoritative promulga-
ton of the doctrine Of Popular Sovereignty. 1t
argued to show that the people of the Terrific
ries have the same right to regulate their do
nestle affairs which is possessed by those ofthe
States. Ii claimed for the Territories the right
to admit or exclude Slavery at their pleasure.
Che South even then was not entirely satisfied
With this doctrine and Mr. Calhoun in particu-
! r never for moment gave in TO it. From the
rst he insisted on the position now maintain
q by Mr.. Buchanan, that the shareholders have
tie right to take their slaves into all the Terri
ries as long as they remain in the Territorial
II ndition, and that neither Congress nor the
Territorial Legislatures have the right to ex-
Glade the institution-that the right Of the
fkaveholder follows him into the Territory, and
that he no more loses his right to his slave by
t. King him into Territory of the Union than
h loses his right to the horse he rides. Such
re Mr.. Calhoun's positions. He was then
re garded as an ultraist, even by the majority of
the South but to-day his views are universally
accepted in that section, and have been pro
tT4imed by President Buchanan as the infalible
pl itform of the party.
In lS4S, however, the Southern Democracy,
th4ugh not entirely approving the Popular
Sovereignty doctrines of General Cass, accepted
hi. > as their candidate for the Presidency, but
FIJI ed to sustain him with vigor, and the slave
holder, General Taylor Wing in fact, though
sio-party man in profession was elected. 1t
was evident that the South would not cordially
su-tan man who stood upon the platform of
Sqpatter Sovereignty, and the party gradually
reeeded from it until it has become only less
h 4eetieal than the WilmOt Proviso.
= he majority of the Democratic party of the
N(Fth in ls46-'7 stood out against Popular
So ereignty They insisted, with the Wings
AM Liberty party, that Congress possesses the
rig 1t of excluding Slavery from the Territories,
ant should exercise it. Those who persisted in
thi time-honored Jefersonian view of public
dug in the premises, we're cut off from the
ia pOcratic fold as heretics and schismatics :
arE the Southern wing of the party became
mo e and more exacting, while the remnant of
theSr adherents in the free States became more
aIRmore servile and supple, until they have
yifl0d all that the most ultra South Carolinian
coJd exact. The Democratic party, as repre-
sen4ai by the Administration, comedies that
Slavery by virtue of the Constitution exists in
all the Territories, in spite of Congressional
prohibitions or Territorial legislative exclusion.
Mt-Bqchanan declares in his Silliman letter
tina Slavery exists in Kansas and Nebraska by
Writ te of the Constitution, as firmly as in Geor,
gid or South Carolina.
Popular Sovereignty, in its application to the
Territories, in a mild form, subject to the decis-
ions Of the Supreme Court, is still feebly main
tainad by Senator Douglas and his friends
Evg, Its new champion, the New York Times
suh rdinates it to the bred Scott decision-or
rat5lr"to the obter dicta of the Chief Justice in
that case. Mr. Morris, a friend OF Mr.. Douglas
but who stands in advance Of his leader, has
proposed some radical applications of the doc
trine TO the Territories: still he admitted, in
his speech on the occasion. that the doctrine ut
terry failed, and would be inapplicable in the
cas- of Utah. When catechised by Mr.. Richie,
he vas most reluctantly constrained to the CON
TESS ion that Utah should be made an exception
to tie general rule
I,lt what sort Of sovereignty is that which
mu be restrained in certain cases by higher
sovereignty? Sovereignty implies the absolute
right of sel,government-then who shall in
terpsse a veto upon its behests
According to Mr.. Morris, Popular Sovereign
ty is he indefeasible right of the people of the
TCsritories to make their own laws and institu-
tons 40 suit themselves, prorjdcd they happen
to 81 t a majority of the American people. This
is = Dfi it, and the one exception is fatal to the
who, theory.
Wehave shown that Popular Sovereignty ~
whicL originated with the Democratic party,
and at one time was the accepted creed of a
largesmajority Of the party-has been gradually
abandoned and repudiated, until it has become
a heresv almost as hateful to the orthodox ma
iority as the Wimot Proviso itself-that the
heretics themselves no longer hold it absolute
ly, and in good faith, but admit that it is sub
ject to decision or opinion of the Supreme
Court, which utterly nuliGes it-that, in a word,
it is inappicabe in cases where the people
would use it to establish institutions which are
condemned by the moral sense Of a majority OF
the country The doctrine is therefore. ac-
cording to the authority of its friends, misno.
merit is no sovereignty at all. but merely an
expedient for divesting Congress of response
bility--an exploded humbug, invented for
temporary use as a catch-word
Shall the Republican party adopt the explo
ded humbug? Shall it, while in a minority.
and with no power to accomplish any result,
take position which will be an estoppel to its
action when it shall attain the majority? If
our friends vote now to take the appointing pow.
err out of the hands Of the Federal Administra-
ton, they will stand committed to vote in like
manneS when they constitute the majority in
both Houses. We know not what the future
may bring forth. The Administration, during
the NEXT two years, viii exert all It's power and