The Kenosha telegraph and tribune. [volume] (Kenosha, Wis.) 1859-1860, 1859-09-29
National Essucs,


cy-and Republicans on Popular Sovereignty
The great National issues in respect to the
power Of Congress over the Territories, is becom-
.ng well defined, The National administration,
the followers Of Douglas, and the Republicans,
have each their distinct interpretations of the
Constitution ofthe U.S.-the differences between
each are radical and the doctrines widely apart.
The administration organs, have recently come
down with much violence on the Douglas theory
of Popular Sovereignty and the presses in the in
terest the latter retort sharply. The doctrine
Of the administration Democracy, as recently
set forth by Attorney General Black, in the
Washington Constitution, may be regarded as
an explicit statement Of the views of that wing
of the party. 1t is direct contradiction of the
Douglas doctrine; we quote from Judge Blacks
reply to Douglas as follows:
60 The truth ia, they (the Terrtories,) have
no attribute of sovereignty about them. The es-
ssnce Of sovereignty consists in having no SUI
perior. But Territorial government has SUI
perior in the United States Government, upon
whose pleasure lis dependent for its very exis-
tance-in whom it lives, and moves, and has a
beng-who has made, and can unmake it in a
breath"
Senator Douglas on the contrary maintains
that the people of the Territories are invested
with complete sovereignty; that they have a
right to regulate their own institutions, and
may by &C unfriendly legislation" make void the
institution of Slavery. At the same time Doug
las recognizes the full force and validity of the
bred Scott decision. AS between the Dougla
theory, and that of the administration, the latter
is mnch more reasonable and consistent The
absurdity Of the Douglas doctrine, consists in
its attempt to reconcile Popular Sovereignty
with theilaw as laid down by the Supreme Court
in the bred Scott case slaves. by the ruling of
the court being declared property, there course
is no more right under the Constitution, to in
terfere with one kind of property than another
Hence the administration organ, the Washing
ton Consultation, says Douglas doctrine on
the Territorial question, is as much in conflict
with the bred Scott decision as the doctrine of
Seward, and it is perfect folly to talk of support
ing one, and resisting the Inauguration of the
other"
The administration doctrine, in the main, 50
far as it maintains the power of Congress ever
the Territories, is i'll accordance with the senti-
ments of Jefferson, Madison and the former ad-
minstrations of the government generally, ex
cept on the question of slavery. The Douglas
doctrine, is entirely at variance with the prin-
ciplcs held by the Democracy, during the first
sixty years of our government. 1t is indeed
of the most untonable of all political dog
mas it asserss that the people of Territory
may control the question of slavery, and at the
same time, declares the decision of the Court
binding, which forbids such control. The ad-
ministratiUn theory, asscrls already stated,
that the Territories have no sovereignty what
ever, but are entirely at the disposal of the gen
eral government; that branch of that gov
eminent having determined the right under the
Constitution, to hold slaves as property in the
Territories, the question is settled and beyond
the control of legislation.
The Republican doctrine is between the ex-
tremes of the administration Democracy and
the Douglas Democracy; it has the sanction not
only in its premises but in its conclusions, of all
the early statesmen, and early administration
of the government. 1t agrees with the admin
istration Democracy that Congress has the right
full control of the Territories, but entirely disa-
grees with it, that liberty and slavery are placed
on an equal footing by the Constitution of the
United States, and that the fundamental law of
the nation, was as much intended to diffuse and
perpetuate the one as the other. Attorney Gen
sral Black, in his reply to Senator Douglas in
the Washington Constitution, gives plain reel
tai of the condition of all organized Territories,
which is in accordance with the action of the gov
eminent, under the administrations of Jefferson
Madison, Monroe, Jackson, YanBuren, &c. 1t
is z recital Of facts, which no Douglas follower
can controvert and to which Republicans do
not object 1t is as follows
"a Territorial government is merely provis-
ional and temporary. 1t created by Congress
for the necessary preservation of order and the
purposes of police. The powers conferred upon
it are expressed in the organic act which is the
charter of its existence, and which may be
changed or repealed at the pleasure of Congress
In most of those acts the power has been ex-
pressy reserved to Congress of revising the Ter
ritoria laws, and the powor to repeal them e1
lists without such reservation. The President
appoints the Governor. Jukges and all her Of
Acers whose appointment is not otherwise pro-
vided for, directly or indirectly by Congress
Even the expenses of the territorial government
are paid out of the Federal Treasury.