The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-09-07
Senator pouelas,s Treatise.

Senator Douglass Treatise
The long talked of treatise by Senator
Douglas, upon the question Of slavery in
the territories. has at length made its ap-
pcarance. The author exhibits his usual
shrewdness by publishing it I'M Harper's
Magazine where it will reach a different
class Of readers and more Of them. than
I If put forth through any other medium.
The article is too long for the columns of
a newspaper. even if they were allowed to
/ publish it, which they are not. since all
articles in Harper are copyrighted. The
general positions of the article, however.
and the line Of argument adopted. is
briefly stated bya Northern paper. and as
it !, a matter Of such general interest we
/ give the writer's statement:
A. the papers in this periodical are
| copyrighted, we do not feel at liberty to
| quote the essay of Mr.. Douglas AT length.
hut We presume there will be no offence in
furnishing our readers the substance of
his argument. Under our complex Sys-
TEN oi government, he says, the first duty
of an American statesman IS to make dis
.
thoritie~ Of the federal and local govern
ments. 1t is question which arises mos
prominently, nj the present time i'm re-
gard to the government Of the territories
Of the Union. Onc leading party. the Re-
publican. asserts that the constitution CON
fcr- the supreme right Of legislation over
the territories upon the federal Congress;
hut. on the other hand the Democratic
party, which opposes this assertion. is di-
vidcd into two opinions. which serious
ously disturb its harmony and threaten
it, integrity"
These differences Of opinion arise. ac-
cordlng to Mr.. Douglas, from the differ
ent interpretations placed on the Con,ti-
tuition 10y persons who belong 10 one Of
the following Glasses:
First-Tho~e who believe that the Con-
stitution of the United States neither es-
tablishes nor prohibits slavery in the
States or Territories beyond the power of
the people legally To control it, but leaves
the people thereof perfectly free to form
and regulate their domestic institutions
in their own way. subject only to the Con-
stitution of the United States.
, Second-thosc who believe that the
Constitution establishes slavery i'm the ter
ritorics, and withholds from Congress and
the territorial legislature the power to
p control il: and who insist that in the
} event the territorial legislature fails to en-
+ act the requisite laws for its protection. il
= becomes the imperative duty of Congress
! to intcrpose Its authority and furnish
such protection.
= Thlrd-Those who, while protesting to
2 believe that the Constitution establishes
, slavery IN the territories beyond the DOW.
I sn of '..FltV r,..V l.. r.. -
, to control il. at the same time protest
! against the duty Of Congress to interfere
{ for its protection but insist that il Is the
], duty of the Judiciary to protect and main
tain slavery in the territories without any
: law on the subject.
/ Ii is needless to say that Mr.. Doucla,
o adheres to the first named of these oDin
n ions. The advocates of the other two
n agree on the theoretical point, that the
= Constitution establishes slavery in tn,
: Territories, and oompels them to have i
!, whether they want il or not and diffel
a on the practical point, whether RICH
&c ! secured by the Constitution shall be pro
T tected by an act of Congress, when all 9th
l. or remedies fail. The reason assigned TO
j.: not protecting by law right secured b,
e the Constitution is, that il is the duty o
the courts to protect slavery in the Terri
I tories without any legislation upon tn
D, subject, But Mr.. Douglas fails to see how
It the courts are to afford protection Il
1t slaves or any other property, where Their
IT j. no law providing remedies and imposing
D penalties and comforting jurisdiction upol
a the courts To hear and determine the ca
J. ses as they arise. He remarks.
r. Is difficult 10 conceive how any pei
n son who believes that the Constitution
Il cantors the right Of protection in the Ell
r. loyment Of slave property in the Terrific
II ries, regardless of the wishes of the pee
pie and of the action of the Territorial
r. legislature, can satisfy his conscience an
D. his oath Of fidelity to the Constitution il
D. Withholding such Congressional Legislation
Z ~ NAV he the essential to the eniovmen
d of such rights under the Constitution
d, Under this view OF the subject il is impo,
$. -ible to resist the conclusion that. If tn
L Constitution does not establish slavery i
d the Territories beyond the power of tn
N people to control it hy law. il j. the in
pr perItyc duty of Congress to supply all tn
" legislation necessary to its protection
D and il this proposition is not true il ne,
ID eSsarily results that the Constitution ne
er Their establishes nor prohibits slavery any
where, but leaves the people of each Stat
n and Territory entirely free 10 form an
4 regulate their domestic affairs to su
m themselves, without the Intervention ,
lr Congress or any other power whatsoever.
v The writer then proceeds to demon
'e strate his own position in an exceedingl
b elaborate. minute, and closely reasoTSe
ty account of the whole history of our fede
ty al government in it, relation to State an
"A | Territorial organizations. We shall No
n follow him through his long dissertation
IN nor, believing, as we do, that his premis,
e- are fundamentally false A. to the power
I'd of Congress, undertake to criticise III
81, course of hi reasoning. Neither shall "
OF dissent from his main conclusion that, M
1T der our political system, every di
p tinct political community, loyal to III
1t constitution and the union. is entitled
On all tho rights, privileges and immuniti,
NJ Of self-goyernment in respect to their
n cal concerns and internal policy, subie
he only TO the constitution of the Unite
e. States"
er As a general proposition this will be a
mltted by every person educated in Il
3, Democratic theory of government. b
ly the defect of Mr.. Douglass argument
sc that he has not proved territory -.
'e- he "a distinct political community"
~. the proper sense of that phrase. Accor
tn ing to the theory of the Constitution
ur the United Ttates, or, at least, of the III
m form practice under 1t, up to a very rece
nd period, "a Territory" was an incomple
al or inchoate political body. Only when
vi has grown into the form and proportio
m of Estate" can it have a Just title to d
its tinct existence and recognition. Fl,
err wherein consists the difference between
at Territory land "State?" IL a Ter
nd tory be fully equipped political comm
ip- nifty, endowed with every right of ind
ty pendent self-government, it is virtually
ng State, and the distinctions which our la
his have all along made are nugatory.
ng Az HONEST CONFEssIoN.-The Lond,
Tines after a review of the actual COM
l.. ton Of the British West India Islam
60 and a contrast of their former prospero
loo condition with their present state of 4
Lo cline, closes with the following emphat
paragraph against the policy of bla