The Opelousas patriot. [volume] (Opelousas, Parish of St. Landry, La.) 1855-1863, 1859-11-12
Judge Blacks Review of Douglas H0rTer
MngnzIhc Manifesto Concluded.

Judge Blnck's Review of Douglas Harper
Magazine Manifesto Concluded.
We concluded our review last week with the
declaration of Judge Black, shat the Su-
prcme legislative power of a sovereign State
is alone competent to deprive a man of his
property" We now proceed to give the ar
guments of Judge Black in support of this
proposition.
A Territorial government is merely pro-
%yisional and temporary. 1t is created by Con
gress for the necessary preservation Of order
and the purposes Of police. The powers con
fered upon it are expressed in the organic act.
and may be changed or repealed at the pleas
ure Of Congress. 1t has no attribute of sover-
eighty about it. The essence of sovereignty
consists in having no superior-But a terrific
rial government has a superior in the United
States Government, upon whose pleasure it is
dependent for its very existence,-in whom it
lives, and moves, and has its being-who has
made and can unmake it with a breath.
Where does this sovereign authority to de-
prive men Of their property come f5om? How
does it get into the Territorial Legislature? 1t
surely does not exist in the Territory before its
organization. Then, Congress, the creator of
the Territories, must give the power at the same
same time that it gives the Territorial Govern
meDt. But not q word Of the kind is to be found
in any organic act that ever was framed. Such
power does not exist in the federal government.
Mr.. Douglas admits this fully and freely, and
this acknowledgment on his part shows the fu-
tility of his arguments and obliges him to either
repudiate his W doctrine or to admit all alb
that the Federal Government may
did possess.
The truth is, that no power to regulate
either to alter or to abolish, within
the Territories can be exercised by Congress,
therefore Congress can delegate no such au
to the Territorial Legislature. This
power can alone be exercised by sovereign
States, and when the Territories are admitted as
such, then they can legitimate1y make any
regulation touching their domestic concerns as
shall seem fit, and not until then, do they &C.
quire the attributes of sovereign power.
We have thus presented to our readers the
arguments Of Judge Black, proving the right
Of property in slaves, and the right to enjoy
such property in the Territories, but the Judge
failed to point out the remedy when such
rights are assailed by the Territorial Legisla-
The right of protection evidently fol-
lows the right OF property, and as this right is
most clearly established by the Constitution
OF the U. States, in regard to slave property
in the Territories, and by a noted decision of
The Supreme Court, it follows that The right
Of protection must be exercised by Congress
acting in obedience to the Sanctions Of The
Constitution, when such right is assai!ed by
the Territorial Legislature. Judge Black is
in error in denying to Congress the exercise of
protection to slave property in the Territories.
Il such a right does not exist, we would ask
is an argument worth that proves a
right to property, under the Constitution and
at the same time repudiates the correlative
right of ample protection?