Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1859-10-19
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!. Obser,tiors on Ssaaior boue|a vsiewsoa Popu-
SIT S9rsanty, called forth On the demand for's
aooa &iplsSs .:ul. D. sa4tssaptto reply toti'ose
"Observations at Wooster, Ohip, and by the COM
laeskasles which have beeh made on them BY some
st bis fesls- ,he spP,edix. eoaehea in the same
dighmed, unimpassioned language as the Uo S.
tons" is markede 80 ais SAME force OF thought,
closeness of,sessmicg, ind felicity Of expression
that charactsSizsd't the pamphlet hEys bare 70 the
verv bone the Jaws and imperfections OF Judge
Dons1as's Views On Popular Sovereignty" mod'-
fed amended and altered though they have been ~
reflection and by circumstances; shows that all at
tempts to give new readings Of the Constitution which
the Supreme Court does not warrant, arc sure to
Lead to disastrous consequences and recommends Oil
Who desire to preserve an unblcnished political re-
putation to respect the principles, and acknowledge
the binding force of the guarantees OF the Great
Charter of our Liberties ....T -a ,,
We commend the appendix to the earnest pcrusal
of our reades and Of the American people generally
-, ~. t,--.s., ... APPENDIX.
b Another edition of these Observations" being
called for an opportunity is afforded for adding some
thoughts suggested by the attempted reply OF MT;
Douglas and by some criticisms OF different KIND
which have appeared in other quarters .8a.s
Mr. douglas charges Us With entertaining me
oniep that all the States Of the Union may con-
fiscate private property doctrine which he de-
pou,ces al a most wicked and dangerous heresy."
He championizes the involability o: property, and
inyokes the fiery indignation of the public upon US
for ase1bipg, TO- the States any power of taking It
away Now mark how plain tale will put him
down. s''s'''ti =
There is no such thing and nothing like it on all
these pages, from the first to the last Mr.: Douglas
vas merely 8ourishing his lance in the empty air.
He had no ground for his assertion, except most
ui,authorzed inference Of his own from our denial
that the power existed in the Territories. Tho Ter
rtories must wait till they become sovereign States
before they can con6scate property: that was our
position Therefore, says the logic of Mr. Douglas,
all the States in the Union may do it now. What
right had he to make mputations Of hcrcsv founded
upon mere inference. when oar opinion on the very
point directly expressed in words 50 plain that
mistake was fmpossibleg The following sentences
oecdf On page -: .., :
H~A an nee people know, that if they would remain
free, they must compel the government to keep its
hands off their private property; and this can he
done 0uy bytyinx them up with careful restrictions
Accordingly Federal Constitution declares that
10 person shall he deprived Of his property except
by rie process Of law, and that private property
shall not be taken for public use without just COM
pensaton.i Its universally agreed that this applies
only to the Of the power by the government
ofthe United States VIC are also protected against
the State governments by similar provision in the
State constitutions. Legislative robbery is, there
fore, a crime which cannot be committed either by
Congress by any State legislature, unless it he
Sses il fat rebellion to the fundamental law Of the
The close Of the same paragraph shows why it was
important that no attempt should be made to cxer-
else such power by Territory:
is it not every way better to wait until the new
inhabitants know themselves and one another until
the policy of the Territory is settled by some ex-
perience; and a}Aus all until the great powers Of
sovereign State are regularly conferred upon them
and properly limited 80 as to prevent the gross
abuses which always accompany unrestricted power
in human hands!' .0.-s
Mr.. Douglas certainly read these passages, for he
borrowed phrase from them, and put it into his
sxn speech. He ought to have understood them.
If he both read and understood Them why did he
allege that this pamphlet favored the dangerous
heresy referred to? Let the charity which "thinketh
no evil" find the best excuse for him it can.
That the government Of a sovereign State, unre-
st-icted and unchecked by any constitutional pro-
hibdon, would have power to confiscate private
property, even without compensation to the owner,
is proposition which will scarcely be denied by any
one who has mastered the primer Of political science
Sovereignty, which is the supreme authority Of an
independent State or government is in its nature
irresponsible and absolute. 1t cannot be otherwise,
since it has no superior by whom il be called to
account Mere moral distractions or theoretc prin-
ciples Of natural justice do not limit the legal au-
thority of sovereign No government ought to
violate justice but any supreme government, whose
hands are entirely free can violate it with IMMUNITY.
For these reasons is that the Saxon race have been
laboring planning, and fighting during these seven
hundred year, for Great Charters, Bills of Rights,
and Constitutions to limit the sovereignty of all the
governments they have lived under Our ancestors
in the old couRtzy, Is well IS in America, have
cxoI 49,. 4.
constitutional governments, If it be true that gov
eminent, without constitution is not capable Of
doing injustice. They knew better than that They
undsvsaosa,sesy well that sovereign government
no matter by whom its power is welded may do
what wrong i Pleases and Ibid its will avouch the
Now, what is the constitutional prohibition which
can.aayWhsre be found to restrain popular Sover-
eighty IN the Territories" IF there be such thing
There is none A Territory has no constitution of
its own; and nobody would be absurd enough to
that it is governed by the constitution Of snoth-
er State Will it be said that the provision in the
Fedenl Constitution, which forbids the taking Of
private property without compensation can be used
30 as TO restrain territorial sovereignty Certain
" not. The Supreme Court have decided, lin Bar
roneA, The City Of Baltimore, Peters, 2iS) that
the clause referred to applies exclusively to the ex-
S'S'0S VI sAsS EO"Ssl Vy E0SseiS4 SVvoSusucl% 4ue
rule was 50 laid down by Chief Justice Marshall
It was concplfed in blythe whole osart; and its
correctness has never been denied or doubted BY
any JudgAc hwyeS " statesman from the time Of
the decision 70 this. day. IL therefore, there be
sovHegeN ip tho Territories, it Is sovereignty un-
limited by any constitutional interdict This i'm
plies poweEoin tia Territories infiuitely greater
than that II any other government in all North
Ame16eaS..fE 30 -2ui'~s! ..r-.-.,.-) - -'.nJ a-,
Ths simsahd Easy solution Of al this difficulty d
furnished by the Supreme Court and adopted by
the democIatc party as the true principle governing
the shbecr Ii = this That the Territories are moi
vereigntis'6ut their governments are public cor
por.tidls Established BY Congress to manage tn.
iSe.l aa.i5a & tAs iph.bit.pts Vie tho government
there & proS.Siy' s Ss %nised i s:ssss
whose poweraaF aqt !azge than those Of q Fedora
Teritogy tEhe oPeopls, Of = city elect, their Owl
niesn saes !G Bdf tie Pres;dens appoint. Ii.
CHIEF .asae.s Il Territory, . veil Is ihs judess
He naysead theM tkess from any pert the Union
and i9 point Of ftt they are gensrslly Stranger I.
the M "a. when frst chosen Thsy are in n,