The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1859-10-06

In Tins reasoning, says Senator DooLIT- I.
TIE, Mr.. DOUGLAS is right, and stands
upon Republican ground. lie also takes
another position with the Republican
party, viz That Slavery is the creature
of local law, and is recognized by the
Constitution as existing only by tie force
Of local law. He says: A Slave with
in the meaning of the Constitution is "a
person held to service or labor in one
State, ander the laps thereof not under
the constitution Of the United States, nor
by the laws thereof, nor by the virtue of
any Federal authority whatever, but I'M
der the laws of the particular State where
such service or labor may be due" Ve-
ry good Republican doctrine is that
=" But we come now," says the reviewer,
to the consideration of the principle
which Mr.. Douglas maintains in his Har-
per Essay. and which is italic,sed by him
as the conclusion Of the whole" that
every distinct political community. loyal to
the Constitution and the Union, IS entitled
to all tie rights, privileges and inan,unities
Of seI-government in respect to their local
concerns and Internal polly, subject only
to the Constitution ofMe United States"
| Mr.. Doolittle asks what is meant here
by distinct political community ?" If
separate and independent State, then all
acknowledge 1.-THE truism is older than
the Revolution. Ifanything short of this,
the principle would apply to a city or
county as well as to territories, and so by
proving too much, destroys itself. Mr.
Douglas goes for and admitsa principle
which undermines his whole superstruc-
ture, and proves his popular sovereign
ty' delusion. He says It," 1.-THE
principle quoted in italics) 90 can only be
exercised achere there are Inhabitants subf-
Client to constitute a government, and capa-
ble Of performing its parioust functions and
auties-A FACT TO BE ASCERTAIN
ED AND DETERMINED BY CON-
GRESS. Whether the nuDaJer shall be
.fzed at ten, fifteen or tacenty thousand, Che
might add or one hundred thousand) in
ha6itants does not affect the principle"
He here comedies that sovereignty in
the people of territory does not begin
until there is a sufficient population to
perform the functions and duties of an
independent government ; and that it be-
longs to Congress to determine that sufi-
cheney. He must therefore admit, of ne
cessity, that until Congress does so deter
mine, it belongs to Congress to legislate
for and govern the territory. In his
Springfield speech he stated the effect of
repeating the organic act of Utah to be
"the country would revert to its primi-
tive condition prior to the act of 1850,
under tile sole and erclusive Jurisdiction of
the United States" Thus is popular
sovereignty destroyed by its own cham
pion. lie comedies the principle for
WHICH the Republican party contend, viz:
that Congress has the "sole and exclu-
sive jurisdiction to govern the terrific
ries in their infancy, and then narrows
down the question in dispute to one of
exped;ency and Of fact. of which he him
self makes Congress tie only judge. That
question is, whether Congress, in provi-
ding temporary government for the ter
ritories, does by that act determine their
suficiency for self government, and give
up its own right to. govern them. In
other words, whether Congress, which
has the undisputed right to govern them
in infancy, does by its very first act for
their government lose all further power
to govern them, instanter 2 Can Con-
! gress pass but one law for an in FAINT ter
ritory? Is its Legislative power over its
expended by a single act? Does inter
vention beget non intervention COOS
Mr.. DooLIrTLE then appeals TO the po-
litical aud judicial history OF the country,
and says that probably no man but Mr.
Douglas would, at this day, say that it
was no part of the "Jeffersonian" plan,
for Congress to exercise the power of le
gislating over the subject of Slavery in
i the territories, He refers to the Ordin-
ancc Of 1897, re enacted in 1859, pro-
hibiting Slavery in the Northwest Terri
tory. Shows that when North Carolina
cedcd her territory in 1870, the power of
Congress to abolish Slavery in the terri
tory was acknowledged by the State in
serling clause in tho deed of cession
prohibiting Congress from making a law
tending to the emancipation of Slaves.
He refers, also, to the case of Indiana,