The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-05-10

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b. the supreme CouHes
The following important manifesto 10 from
the accredited organ Of the Administration, the
Constitution. Il 10 evidently BY authority. A.
this d the complexion to which the matter must
come We invite Oh Democrats to read IL and
ponder 1t well. It embraces all that there now
10 Of orthodox Democracy:
II 10 essential to the intelligent discussion Of
any question that the precise Specification OF
the phrases employed should be clearly and
accurately defined, and the hopeless confusion
Of ideas exhibited in the effasions Of many Of
our contemporaries upon the leading political
topic Of the day furnishes . conspicuous illus
tration Of this automatic truth. We will do
our opponents the justice Of assuming that
this confusion Of the phrases We have prefxed
10 our article 10 the result Of lack Of discrimi
nation. On the contrary, ~ the doctrine oi
popular Sovereignty" rightly understood,
must necessarily prove rs popular as that OF
''Squaiter Sovereignty" 10 odious, from its un :
constisutionality, the use Of the Two phrases in.
discriminatory argues rather an adroitnese, use.
full enough to those whose principles will not
bear analysis.
But is there any foundation for assuming the
ccnvertibility of these terms! And is it fail. to
charge that one is an advocate of "Squatter
Sovereignty" because he has given in his adj
hesion to the doctrine Of Popular Sovereignty?'
We think not. Popular Sovereignty and Squat
ter Sovereignty are doctrines not only dis
tinct, but sntagonistic, and the distinction is SO
clear, the antagonism SO palpable, that he
who runs may read. This We propose briefly TO
show.
Mr.. Buchanan, in his letter Of acceptance and
10 his Inaugural Address, has furnished ,he
clesrest possible definition of Popular Sove-
reignty. In his letter of acceptance he says:
'The people of a Territory, like those Of a
State, shall decide for themselves whether
Slavery shall or not exist in their limits" and
in his Inaugural says "A difference Of opinion
has arisen as to the point of time when the
people OF the Territory shall decide this ques-
for themselves. This is happily, Of but little
practical importance.
Though it has never been nv individual opion-
ion that, under the Nebrasky Kansas act, the
appropriate period will be when the number of
actual residents in the Territory will Justify the
formation OF q constitution with a view to it's
admission as State into the Union" This is
Popular Sovereignty in the Territories 1t re-
cognizes the exercise BY Territorial Legisla.
ture OF every power consistent with the pro-
visions Of the Constitution, but it does not re-
cognize the exercise Of any power inconsistent
with the rights of the people OF the States, in
whom resides the ultimate sovereignty over. as
well as the ownership Of, all the common terri.
tory of the United States.
Squa,ter Sovereignty, on the contrary, recog.
nizes the right of those men (whatever may be
their numberj VINO may have squatted OF the
public domain in advance of the public surveys.
and without the ownership of one acre of the
soil, to elect q Legislature which shall under
take to prohibit Slavery Within Territory and
thus practically deprive nearly half of the rart
ners in this confederacy of States of the right of
emigrating with their property to ans portion
Of their vast and extended domain. In other
words, this Squatter Sovereignty confers on the
FIRST settlers Of Q Territory absolute and unm-
tied power over the property rights OF all future
immgraIts.
Thus und .Is'anding the matter, we proclaim,
unhesitatinely, that, while we shall ever adyo-
cate Popular Sovereignty, we will wage an eter-
nal war on Squatter Sovereignty. While the
one doctrine is just, constitutional and in con-
tormity witt. the spirit of our institutions the
other is u"just, Unconstitutional, and in viola
ton of The equality Of the States. The one ia
the doctriue OF the Democratic party; the other
is the doctrine Of The disorganizers and boilers,
who seek to divide and des roy the Democratic
party, and with It the Union.
1t was in pursuing this train Of thought We
were leo into an expression which has been
perverted to mean the very opposite OF our in
tentions. We said, few DAYS ago: The prin-
ciples emblisoned on the Democratic banner
are, "Non.intervention, by Congress or BY
Territorial Legislatures, either to establish or
prohibit Slavery in the Territories, and the
protection OF slave property therein; as long as
the Territorial condition sh Ill remain, by the
judiciary, under the Constitution of the Unit
ed States" The plain meaning Of this is, that
Congress cannot, and therefore should not,
attempt to establish or prohibit Slavery in any
Territory, and that the Territorial Legislature
deriving all its powers Of legislation from Con-
gress, cannot, and should not, attempt to estab.
lish or prohibit slavery in the Territories But
since the Constitution Of the United States
protects Gil its people in the enjoyment of all
their rights OF property, whenever they may be
found IN Territory common to all the States,
protection 10 that property is duty OF those
invested with the power OF local legislation, and
it is the duty of the Judiciary to set aside any
unfriendty legislation which is calculated to
destroy or impair any right of property. We
consider these self-evident propositions. But
it is said, in some quarters, that the whole of
the Northern States will not sustain this inter-
probation OF the powers of people In Terri
tory. II this be true (phich zoe ,ciH never be
lieoe,) the P ople OF the Northern States are
ready to Sc. aside the Constitution, destroy the
equality OF the States. and present to their
brethren of the South the alternative of submis-
sion to dishon0r, or the vndicating OF their
rights over the ruins Of the constitutional Union
which they have SO long cherished as priceless
heritage. And il may be assumed as certain
that no people, trained to self government, and
valuing liberty above all other things will con-
tinue to consider themselves bound by a com
pactc when perverted by mere numerical ma
jOrity OF their partners into an instrument of
oppression and wrong.
We stand by the Cincinnati Platform-all true
Democrats willard that proclaims non inter.
ference by Congress with Slavery in the States,
in the Territories, or in the District of Column
bia. We stand by the bred Scott decision of
the Supreme Court, which secures to the peo-
pie of the States the right to emigrate to. and
remain in, any Territory of the United STATES
with the property they may have held in any of
the States. We, therefore, are forced to say,
the Constitution inhibits the several territorial
legi latures from abolishimy property in siaues
and the same prohibition applies to the People
Of a Territory Httthey come form Constitu-
tion preparatory to their admission into this
Union. We are willing to trust the people OF a
Territory to protect oil the people in the en-
joyment of all their rights; and when udfriend-
ly legislation is attempted, if such attempt is
ever made, We are willing to trust the judiciary
to correct 1t.
Hon. JAMES HARLAN.-We understand that
Senator Harlan will take the stump during the
coming campaign in this Stase, and will, so tar
as he is able, make a general canvass. We are
glad to learn this for there are in the Republican
ranks, few more forcible and eloquent speakers
than he. We had the pleasure OF hearing him
in SO, and it has rarely been our fortune to
listen to a more interesting, logical, and mas
terly exposition Of the great principles on which
is founded The Republican party. Nor is his
exposure OF the corruption, extravaganza and
pro-savery position Of the sham democracy less
searching aad completS. In addition to his
ability as q speaker, his Soquence and his argu-
ment, there is in his manner and in all he says,
an air OF candor, earnestness, and sincerity that
nj olw han nj snA,