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

or 70 trample upon the sacred rights Of an independent
The report which he made TO the Senate, IN 1885, or
me Topeka constitution ennncates vy sr ta,
the language is little cloudy but no one can Understand
the following sentences 70 signify that the Territorial
have sovereign power 10 lake AWAY the pro
perry of the inhabitants
The soysregnE Of Tsrory remains a, in abeyanSs
hey shall be admitted into he Union state mean.
they admitted to enjoy and exercise all the rights and
s a
sS s ssd pryssss derived from hs constitutions ass
in su6econ to all the limitations and restrictions which that
constitution imposes.
The letter he addressed to Philadelphia meeting, in
February 1865 Is more explicit and barring some ano
the suspension OF 1t In trust, is clear enough
Under our Tsrros system requires sovereign
Territory may and should enjoy all the rights self govern
ment In obedience 70 It's organic law, Is sovereign
rs United he pso aSs'saSss
tney become state and cannot be withdrawn from the
q ne trustee and vested In the people Of Territory without
the consent Of Congress-
The report which he made in the month"; from the
Senate Committee on Territories is equally distinct and
ratner more emphatic against his new doctrine
This committee in their have always held
@ ses Of or
the people when they become State that the United States
rs aSa W
TIE be true that
sovereignty Of Territory allegiance suspended in the
ss e sn om he
% anu sss e e
mot and could not confer upon the Lecomon the
Kansas in place of the organic act by Congress-
The days are past and gone when Mr.. Douglas led the
berry pssaults Of the opposition in the Lecompon cono
versy. Then was his object TO prove that Territorial
Legislature far from being omnipotent, poweress
even 70 authorize an election Of delegates to consider
about their own affairs. was asserted that convention
chosen under Territorial law could make and oran no
constitution which would be legally binding. Then Ter.
rtOral government be despsed spit upon even
when invited the people forward and vote on
question of the most vital importance their own inter-
ests But now all things have become new The Le-
compton dispute has "gone glimmerng down the tream
Of things that were and Mr. Douglas produces another
issue, bran new from the mint The old opinions are
not worth arush 10 the new pos0n must be
by opposite principles and reasoning totally different The
Legislature of Kansas not sovereign when autho.
rized convention OF the people to assemble and decide
what sort Of constitution they would have but when
strikes at their rights of property, becomes only
sovereign but sovereign without limitation Of
power We have no idea that Mr.. Douglas is
not perfectly sincere he also when took the other
side The impulses cngendered by the heat of controversy
nave driven him at different times in opposite d.
rectons. We do not charge against him crime that
these views of his inconsistent they with one an
other always happen to accord with the interests of
the opposition, always give to the enemies of the Con-
sution certain amount of g aid and comfort and al
ways add little TO the and malignant hatred
with which the abotionists regard the government of
their own country
Yes the Lecompton issue which Mr.. Douglas made
upon the administration two years ago DONE and the
principles on which then opposed abandoned
We are no longer required to fight for the lawuness of
Territorial election held under Territorial authority But
another issue is thrust upon to disturb the harmony
and threaten tho integrity" Of the party. few words
more perhaps Of tedious repeton by way of showing
what that new issue is or probably will be- and we are
done.
We insist that an emgrant going into federal Terri
tory retains his title to the property which he with
him until there is some prohibition enacted by lawful
authority Mr.. Douglas cannot deny this in the face of
his New Orleans speech and the overwhelming reasons
which support it.
is agreed point among all democrats that Congress
cannot interfere with the rights Of property the Ter
rtories.
is also acknowledged that the people of a new State
either in their constitution in of their Legisla
aure, may make the negroes within it Free hold them
in q state of scrvude.
But we believe We believe in submitting to the
case decided by the Supreme Court which declares that
territorial Legislature cannot any than Congress,
interfere with rights of property in Territory that the
settlers OF Territory bound TO wait until the
reign power is conferred upon them with proper imta-
TONS before they attempt to exercise the dangerous
Of all its functions Mr.. Douglas denies this and there is
the new issue.
Why should such issue be made at such a timer
tempting to stir up the bitter waters Of strfe2 There is
no question upon pending before Congress the
try We are called upon TO make contract at once
necessary and hopeless with the judicial authority of the
nation. We object to it, We will not obey Mr. Douglas
when he commands us to assault the Supreme Court Of
the United States We believe the Court to be right and
Mr. Douglas wrong