Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-11-16
For the STANDARD.
SENATOR DOUGLAS AND JUDGE BLACK.
mo. al


the right of confiscatng private property, on the
ground that those governments were sovereign"
When Judge Black used the term sovereign
he did not intend to convey the idea that the Scna
tor had affirmed that there was no restriction OF
limitation to the acts of territory.
By no means; he only meant that the Senator
contended there was no Limitation quo at hoe, and
even this he now atfrms.
If then, as to this, there be no limitation, we re.
spectfully ask where is the safeguard to the exer.
else of ruinous and arbitrary discretion on the
part of territorial legislature ?-cleary none, for
the Senator denies that Congress has either the
power to establish, exclude, or protect slave prop
erty.
True, he says that every distinct political commu-
nifty before it exercises the power claimed must be
"loyal to the constitution and Union;' vet as he
denies and expressly disclaims, any restraining
extraneous influence, the insertion, to say the least
of it is nnmeaning verbage, unless one could be so
uncharitable as to suppose tina. he inserted these
words for the twofold purpose Of deceivng the un-
wary by the exhibition of loyalty" himself and
for the further purpose of enabling him to fail back
to the true ground, when driven from his position,
Is he already has (most triumphantly) by Judge
Black.
Yes, but for the false deductions he makes from
his own premises, he is most wonderfully fortified
in jumping Jim Crow whenever he sees proper
Now, what is the power claimed by the Senator
over slavery in the territories but an unlimited ones
and what is that if carried out by "hostile legisla
tion." but power of "confscationy' Still he saws
he denies the power Of conscaton and all the time
he is laborng to prove that equivalent power be-
longs to the territories.
What does the Senator mean by so often repeat
ing that territories have the right of selfgovern-
ment in respect to all local concerns?
If he means thew hava thic r;rbt ,rho, 5000.
else does not conflict with the guarantees of the
federal constitution, neither Judge Black or any
other sane man has denied it; but if he contends las
he does) that there is no limitation to its exercise.
but simply the discretion of those who exercise it.
he is confoanding revolutionary with consttu
tional right.
That majority have right to govern is propo-
s'tion denied by none, but in the language of the
great Pitt They must so rule not to contradict
the great principles common to ALL and the uues-
ton at issue between the Senator and the Judge
was not the abstract proposition, but its particular
application to slave property
Yes, they have the right to govern, but thew
must govern in the way, and after the manner
pointed out.
The people of the territories, by going thither,
did not expatrlatc themselves, neither had they re-
VOTED against the parent government, but they
went there to improve their fortunes, and to DOS
sess, and enjoy the liberal patrimony which had
been assigned them-they went there with the full
belief and the strongest assurance that domain do.
mlnion empire, carried with it reciprocal relations
and like every thing else correative, imposed reci
procal duties
Yes, az far as our national emblem scars. he not
only carried in his back Epluribus unum, but with
IT. and through it, the moral and physical strength
Of the nation, was solemnly pledged that the preyi.
ously recognized rights of EACH and rights of all
mot inconsistent with any treaty stipulation should
be sacredly maintained
They knew full well that their fathers had formed
constitution which had been agreed to nv them
respective States, and that among the guaranteed
rights, the right of property was expressly recog
against e'"'o'u
knowing this, the right Of majority to rule,
ooth IN terrtoty, as in State is restrained when
It is in conflict with the federal constitution.
80 long, then. as the government is carried on
under the existing constitution has a minority lin a
territory? the most solemn guarantee backed by
,ne wnole power of the government, executive
lss'a've ana Judicial, that its original structure,
s.s ne'tner oe changed, or by any sophistry evat,
ed, but upon the required constitutional nrereor
sites p'''e4u'
ms applies with equal force to all constitutions
governments, and while it protects the rights
minorltes Is not Inconsistent with the constitution
al rights of majorities. 'O''0"
,, should the government of State, or of tn
ohioh' become oppressive even though admipistc,
Gu m accordance with the letter of the constitution
majority have the right to free themselves iron
oppression, but then it is not constitutional but
revolutionary right
80 tar from the territories being SOVEREIGN the,
are iF an express state of pupilaee. as shown h.
Judge Black. and as he shows the Senator hnso;
-. 20 nave admitted, in speech made at Springfield
!h' ~ 1907, for he then and there openly adyoca,c,
Tue ooctrne that no quarters should be extended f.
me Mormons but manfuly contended that Congre.
naa tae right, and that it was its bounden duty
Iepeai the act organizing the territory of Utah nm
" govern them as "a fort an arsenal, magazine
- "nat then became Of his great automatic prinr
P'e, tne oasis OF all political communities II
Not even States themselves have the absolute an
unqualified right to selEgovernment in respect
s men 1oeas concerns and internal poty for there
iound positive Introduction, in some Instances n,r
~ local, and affecting their internal polity.
NO o'ate mas right to pass, what is general !
an "'nsovent debtor law" (althoueh ,
Is frequently passed. and why not? would n,
s s. law be purely local, and affect az mnc
.uer internal pol'tyg certainly it would, and IL
.esson why IT'S prohibited State is the same re;
son, why it is denied territory! Il affects vest.
interests, saps private rights, and runs counter
superior authority; in other words ait mpars tb
obligation Of contracts" VI
why such prohibition as this? does it n,
c,early exempify, both the nature, character an
obligation Of this imperium in impsrio of ours and
Clearly establish the proposition that there is =
supervisory control on the part of the parent gov,
s."Ment over the wrongful acts of the imperin,o,
OF which it is composed? f'' '""'
log not seem to anticipate and wisely to have
t.;ua lot Just such as the Senator's doc.
or othery;.pp territorial law centiscatng
when the owner Of ing less valuable slave property
ss1nss an oSerruing and fanatical maioritys
IL 'nen State can he restrained fron, y. .
msnt Of law affecting mere chose in action e, n;
se greater ssh PropIsty can territory be nterdcted
dsssd sud intended seriously il its nature i