New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-22
DOUGLAS ver.u. BLACK.

Senator Douglass final rejoinderto Mr. Attorney
General Black has made its appearance. From the
note appended to il might suppose that II came
forth in an unfinished condition, its compilation
having been interrupted by the severe attack Of
sickness under which its author is still laborlng.
But 80 far as Mr. Black is concerned, the answer
seems 10 have been completed. 1t is only
supplementary reply to letter OF Dir, Senator
OWNS, which had appeared in The Constitution
which is left unfinished.
The most material part Of this performance Is an
enumeration in the closing part Of it, Of the posi-
tons of which, in Mr. Douglass opinion he has
compelled, in the progress Of the controversy the
abandonment BY the Administration party, as
represented by Mr. Black.
First and foremost, he places the doctrine put
forth in Dir. Buchanan's Lecompton Message, and
which, for some time, was made the smDDoleth
of Democratic orthodoxy, that Slavery exists IN
the Territories By virtue of the Constitution OF the
United States If that be so, argues Dir. Douglas,
il must necessarily follow that it is the duty OF
Congress to pass all laws necessary for the PrOtec
ton of Slavery in the Territories; since 1t belongs
TO Congress to protect by legislation, in all cases IN
which legislation is needed, al rights conferred by
Constitution. Thus pressed, Mr. Black found 1t
expedient TO abandon the doctrine that Slavery
existed in the Territories, or anywhere else, by
yrtne Of the Constitution of the United States,
and even to 90 so far as to deny that anybody had
ever thought or said SO.
To meet the doctrine Of Mr.. Douglas, that the
Territories had right TO legslate on the subject of
Slavery, and in al uniayOrable sense, too If they
saw fit, Mr.. Black began with denying that the
Territories had any attribute Of sovereignty about
them. whence he deduced their want Of power to
touch in any way that property in slaves which
shareholders, under the "axiomatic principles OF
public Law" Ito use Mr.. Blacks expression),
carried with them on migrating from Slave State
into Territory. He insisted, even, that to sup
pose in the Territorial Legislatures any such
sovereign powers would be opening the door to
legislative robbery from which all sorts of ou'rages
might be expected, such as ordering the miners to
give up all the gold they had dug at Pixies Peak or
licensing bands OF marauders to despoh the emi'
grants crossing the country.
Yet in the course Of the controversy the Attor-
General had been obliged TO concede that, after
all, the Territorial Legislatures did possess very
extensive powers of legislation concerning both
life and property-powers so broad as to include
all rightful subjects Of legislation consistent with
the Federal Constitution. He had also been driven
to admit that it would be an insult to the American
people to suppose thatany Legislature ofan ORGANIC d
Territory would peryert the powers ntrusted to il
for purposes of wrong or robbery Thus, in Mr.,
Douglass view, he has withdrawn his main argu-
ment against Territorial legislation, and has given
in substantial adherence to the doctrine of Pop
ular Sovereignty in the Territories.