The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1859-09-06
HON. STEPHEN A. DOUGLAS.

fishing an essay In Harper Magazine on the SUP
ject of slavery and Territorial sovereignty. The
article is headed " The Dividing Line between
Federal and Local Aqthority-Popular Sovereign
ty in the Territories. 1t would fill Is or Is col
umns of our paper; but it seems that no one but
the Harpers is allowed to publish it, as they have
secured the copyright, for allowing which Mr.
Douglas is well rasped by the press everywhere.
\ The essay is mastery production, and bears
the marks of having been we'll studied and care
fully written. The position assumed and the views
enunciated by Mr. Douglas in this article seem to
oisplease the southern press Cor at least those
whose opinions We have read) more than anything
he ever before said done. A general tone of
dissatisfaction is expressed.
We have not yet had an opportunity to read the
entire article but the substance of it may be stated
in a short space: The complete right of Terri
tora Legislature to abolish slavery is asserted and
the righ5 of resident to hold slaves in territory,
in opposition to the prescribed will of its local Lc-
gistature, is denied and hence the right of slave
holder in the territories to Congressional protection
is also denied. He not only denies the right of
Congress- but also of the Federal Judiciary to pro-
Legislature, and contends that the jurisdiction of
the Judiciary is limited by the action of the terri
toral Legislature consequently he argues that the
Courts afford protection to persons and proper
ty NJ further than the territorial Legislature by
law permits and prescribes modes of proceeding
The above, we think, is fair statement of Mr.
Douglas position His arguments to sustain it
are enumerated as follows:
First Mr. Douglas denies that Congress delegates
any powers whatever to the residents of Territory
insists that the only province of Congress is to en-
able the residents to exercise for themselves pow
of government, far beyond the competency of
Congress itself to exercise.
Next comes a review of the action of Virginia
and other Provinces while yet Colonies of Great
Britain. Virginia then claimed the right to pre-
vent the introduction of slaves within her limits,
notwithstanding the laws of the mother country.
Virginia and the other Colonies insisted on the
right of entire selfgovernment far as ''internal
policy" concerned. Mr. Douglas claims for
the Territories of the United States an independ-
ent right of self-government equally extensive.
Next comes reference to Mr. Jefferson's pro-
posal, adopted by Congress in April, 1874, emit
tied "a plan for the temporary government of the
territory coded or about to be ceded by the i'll
dividual States to the United States This
"plan" compact" Mr. Douglas describes
guaranteeing to the territories then called tStates,
or mew Stotes,' the entire right of local and in
ternal selfgOvernment, uncontrolled by Congress
sional legislation.
Next, Mr. Douglas insists that the clause of the
Constitution:
"New States may be admitted by the Congress
into the Unon;" and the further provision, 1.-The
Congress shall have power to make all laws neces
sary and proper for carrying into execution all
other powers" &c, intended to re-assert the
'pan' compact" of 1874
Next comes argument to prove that the fore
going views supported by the decision of the
Supreme Court in the case of bred Scott.
Finally, argument to prove that the compro-
mise measures of 1850, the Kansas Nebraska act
of 1854, the Cincinnati PLATFORM and Mr. Buchan-
ans letter accepting the presidential nomination,
are in perfect harmony with the same views.
The concluding paragraph, which purports to
uP the entire argument, is as follows:
The principle, under political system, is
that every distinct political community, loyal to
the Constitution and the Union, is entitled to all
the rights, privileges, and immunites of selfgov-
crnment in respect to their local concerns and in
ternal Polity, subject only to the Constitution of
the United States"