The Nevada Democrat., 1859-07-20
PoPuLAR souEREIGNTY.
Extract frOm Speech Of Col. e. x. Smart, .
Name


When say popular sovereignty mean pop
ular sovereignty. When l urge the people to
recognize the doctrine Of popular sovereignty,
1 mean no "fallacieus argumen tation." When
l declare that the people of a territory have
right to exclude or establish slavery as sov-
eFeigns, do not mean that they must wait for
judicial decision upon that right. do not
understand that any decision has been made
against that right, nor do believe there ever
will be one made against it. There certainly
can be none till the territories lesislate. Till
legislation takes place there are no laws to in
terpret or expound, by any judicial authority.
/ say then, let the territories legislate to-day,
tomorrow or at any time they please--lei them
establish or exclude slavery. do not, sir, be-
lleve 10 popular sovereignty, 10 theory, which
we are by party insolence forbidden to put in
practice. Popular sovereignty is much abus-
ed word Just now, aud we must not be deceived
| by any false pretenses There are thoee who
claim that the Specification of popular sover-
\ eighty is to allow the people of q territory TO
decide upon the question of slavery only when
a constitution for State government is form
ed. The people, we are told, may elect dele
gates to a convention, and through that con-
vention may form a Constitution, and insert
clause excluding or establishing slavery, but at
no other point of time. The authority of tel
ritorial legislature to control slavery ia any
way except TO make laws for its protection is
by many public men repudiated! Now il is
well known that the people when they adopted
a constitution always had right to determine
the question of slavery. But were we not all
told that the compromise measures" the Kan
sas-Nebraska act, and the Cincinnati resolu-
tions, conceded us something more than we had
previously enjoyed-that they guaranteed to
the people of the territories sovereign rights
over subjects of domestic legislation among
which was the right to control the question
of slavery at any time.
In 1854 and 1856 our landmarks were estab-
lished. Mr.. Douglas, Chairman Of the Commit
tee on Territories, accompanied his report on
the Nebraska bill with the following words
"In the judgment OF your Committee, these
measures (Compromise measures OF 1861 were
Intended 10 have far more comprehensive and
enduring effect than the mere adjustment of the
difficulties arising out of the recent acquisition
of Mexican territory. They were designed to
establish certain great principles which would
not only furnish adequate remedies for exist
ing evils, but in all time 10 come, avoid the
perls of a similar agitation, by Withdrawing
slavery from the halls of Congress and the po-
litical arena. aud committing it to the arbitra-
ment of those who were Immediately Interested
IN aud alone responsible for its consequences"
Mr. Douglas has lived up to bis declarations
Some others have not. Committing the ques-
ton to the people did not establish slavery.
The stakes were consequently moved. II was
then declared that the people of the territories
must not "arDtrate" upon the peculiar instltu-
tions until they were ready to be admitted as n
State. But 1t was still found that this would
not establish slavery. The stakes we're again
moved. IL was then declared that the day Of
admission must be put far away. 1t was how
/ ever, discovered that this would not establish,
slavery The stakes were once again moved,
! and we we're thea ius)lently required to enact
| laws by the Intervention of Congress, to pro-
vd for "a civil and criminal code for the pro.
lection of slave property in the territories"
4 ainst the wishes Of a majority Of their inbab-
itaHts. Aud we are Informed by Senator
from Virginia that no Presidential candidate
can get a single vote In the South who does not
take this ground
But have been asked by some acting with
me, "Whst will you do If the Charleston Con
vcnton adopts "a slave code for the territories,
aud declares that the Constitution cOnfers the
r ght of bolding slaves in the territories, against
the wishes of tue people ?" LIST, ! should pro-
nounce such an assertion false-utterly. The
Constitution s plain, and can be understood by
child. 1t only refers TO slavery three times
Isl il prohibits the importation of slaves after
1908, I'd, ii provides that fugitives from justice
ing basis Of representation for Congress- five
slaves shall be counted as three white men.
There is no provision for holding slaves in a
territory against the will of the people-and II
cannot be done. But. sir. am ready to tell
all who desire to know, that will vote for no
man, high or low who npholds this doctrine OF
constitutional slavery in the territories, and
advocates a slave code to protect it there. |
will never surrender to thislast demand never,
NEVER! shall stand immOvablc upon the
ground now occupy. will say with the la
mented Woodbury., ~ go where Democratic
principles gO-.when these disappear halt"
They disappear beneath Congressional Slave
Code--before that mountain OF iniquliy, balu
shall stand by my colors; but | shall neither
follow the black flag Of the utrasts of the
north or south, who seem now to unite In max
ing war upon the rights Of the people In the
territories.
Sir, never violated public pledge, and
shall stand by the one now make on the iloor
of this House. hope the declaration is not
unpalatable to any of our citizens; but If 1t is,
it will not be withdrawn. Sir, the extreme men
Of the South were among the first who inangu-
rated the new policy Of territorial sovereignty.
They demanded me to support IL. / did So
The people of Maine did not understand the APP
plication of II to the territories. | labOred
night and day with my pen, to educate our
opponents up TO the idea. But sir, they still
did not understand it. They did not believe in
il and we who supported it were swept away
as with the poisonous blast Of a Siroeco. We
were lain low in tho dust and in many instan-
ces. we saw small men-very small men-snc-
! ceed to positions Of prominence n their oppo-
sition to territorial selfgovernment. But the
principal now stands forth in all its beauty,
and is a tower of strength to all who support
l NIy:al A.
the slavehoIding States. il was supposed popu-
lar sovereignty would would aid the propa-
gandism of slavery in practice. But the pro-
pagandist has found that it works against bin,
and now he wants to repndiate bis own plat
form. and to drive me from il. But, cir, il is
too late. He can't do it. Nearly every Dem
ocrat 10 the State is With me in this determine
ton. There are no "wings" and no divisions
among the masses upon this point. Popular
sovereignty is popular in Maine We are SOL
emnIy agreed upon the prinoiple--and let the
| North and South take their chance upon II. ii