The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-13

searching and conclusive reply to the late
popular sovereignty manifesto Of Mr. Douglas,
from that clear-headed constitutional lawyer,
Judge Black, the present Attorney General of
the United States. This announcement, in Sc
curing for the paper in question an extensive and
careful consideration among rejecting men of
all parties will contribute much to dissipate the
flimsy sophistries with which Mr.. Douglas has
invested this delusive abstraction Of popular
sovereignty in the Territories
The work undertaken in this connection by
Judge Black is to show: first, that Mr. Douglas
''has not correctly stated the doctrines" held
by his democratic opponents; and secondly,
''that his own opinions as given by himself,
are altogether unsound.' Upon the first point,
in reply to the assertion of Mr.. Douglas, that
"a portion of the democratic party believe, or
profess to believe, that the constitution estab-
fishes slavery in the Territories" Judge Black
says that the constitution does no such thing
that nobody in the country ever thought or
said so;" but he pleads that the constitution
does establish the right on the part "of the
legal owner of slave or other property to 60
with it into a federal Territory without forfeit
| ing his title Upon this proposition the whole
| question hinges, and the clear, consistent and
common sense argument Of Mr.. Black in sup
port Of this right of property, will somewhat
impress the reader with the slippery nature Of
the ground occupied by the Illinois Senator.
The exact point of difference between The
two learned Judges in the premises is here
Judge Douglas holds that Territorial Legisla-
ture, by friendly OF unfriendly legislation"
may admit slavery into the Territory or exclude
it theretrom. Judge Black contends that no
such poweris vested in Territorial Legislature,
and that those who desire to coniscate private
| property Of any kind must wait until they get
Constitutional Convention or the machinery
of a State government into their hands," In
support of this proposition the simple facts
that Territorial government is merely provi-
sional and temporary, that it is the crea-
ture Of Congress, and may be changed,
suspended or repealed at the pleasure of Con-
gress. are conclusive and no heightened
argument is needed to show the fallacy Of
the doctrine of Mr.. Douglas. that substantially
Territorial government holds the same local
sovereignty as that of State.
The quotations from the speeches and reports
Of Mr.. Douglas given in this argument against
him show that it is only since the adjournment
of the last Congress that he has given this
finishing touch to his dogma ofTcrritoria
reignty, and that at present his position is
step or two in advance of that which he occu-
pied against the Topeka and Lccompton con-
situations. In fact, we can only account
for his present position upon the assump-
ton that he has taken it deliberately
for the purpose of making an issue with
the Charleston Convention, which will give
him some color Of justification in running as
Northern democratic stump candidate for the
Presidency.
In no other way can we account for these
late instructions Of Mr.. Douglas, which will re-
quire the national democracy at Charleston to
recognize the general sovereignty of a Terri
tory as on a par with the sovereignty of a
State. The views Of Judge Black reflect the
views and policy of Mr.. Buchanan. If they
govern the Charleston Convention in the matter
of the party platform, it may not, after ALL be
a very difficult task to find proper candidate,
dispensing with Douglas, Wise and all other
sectional ultras The result may be move
ment on the part of Douglas and his adherents
which. in conjunction with the Southern opposi-
ton. as another Independent party, may throw
the election into Congress; but even there,
should Mr.. Douglas be one of the three highest
candidates, we cannot comprehend the contn-
gency of his election. But can it be that
Mr. Douglas is content with the role OF Martin
| Van Buren,? Let the future determine
| We submit for the present this argument of
Judge Black to the careful consideration of the
honest disciples of Mr.. Douglas. If they are
| not thus convinced of the fallacies OF his Terri
torial sovereignty, we may pretty safely assume
that they too are simply resolved to follow
their leader in his designs of rule or ruin
The Difficulty in our Transit Route DE
! plomacy-Its Operation in Nicaragua
and Mexico.
The necessity of placing the American routes
of Isthmus transit on such footing of security
as will command the confidence of the com
merce of the world has long been evident. and
has occupied no small share Of the attention of
| the present administration at Washington.
On several occasions the President has called
the attention Of Congress to the subject, and
urged them to empower the Executive to use
the forces of the government without the delay
of consulting Congress in case Of any sudden
| necessity to protect any Of the transit routes
or their trade. The jealousy which the Presi-
dental aspirants in that body entertained to-
| wards Mr.. Buchanan led them to refuse to take
the step so necessary to the safety Of our vast
and growing interests in those regions and he
has been forced to seek other means Of attain
ing the desired end. With this sole purpose in
view, the administration has endeavored to ne
gotiate with the several governments holding
the territorial domain of the Isthmus routes