Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-09-15

zine Popular Sovereignty manifesto Of Judge
Douglas, repoted to be fromtho pen Of Judgo
Black. the able Attorney General Of the Bus
chanan Administration. Il is ingenious and
forcible, end hoists Douglas with his own
pe,ard. Extracts from the former speeches
and reports Of Douglas are quoted, which blow
hlm and his Popular Sovereignty clear out Of
water. and leave the Little Giant prone aud
powerless.
The difference between Douglas and Black |
is Just ihis:--Judge Douglas holds that Ter
ritOral Legislature, by "lriendIy or unfriendly
legislation" may admit slavery into the Terri
tory or exclude Il therefrom Judge Black
contends that no such power is vested in a
Territorial Legislature--that slaves are re og-
nized by the Federal Constitution as property in
States where the local law SO treats them
that they remain property when taken into any
State of which the local law does not forbid
their being so regaried-that Congress has no
right to deprive their own.rs of the property,
ia the Territories or other places under its
jurisdictiou--an that, as il cannot delegate
power which it does not possess, neither the
Legislature nor the people Of Territory have
any power to prohibit Slavery within its bor-
ders. Judge Black comedies, however, that
when they come to form State Consultation,
they may establish OF prohibit Slavery as they
see it, Until then they have no power what
ever, over the subject.
Such are the positions Of the Douglas and
the Buchanan wings of the Democracy on the
question which is splitting the party in twain.
Judge Douglas, under the cry of Popular Sow
ereignty, is laboring might and main to force
the democratic party at Charleston to recognize
the general sovereignty Of Territory as on
par with the sovereignty Of State, and to
this heresy will be opposed by the entire De
moeracy Of the South and the Buchanan De-
mocracy of the North The issue may take
such shape as to bring Judge Douglas out as a
Northern Democratic stump candidate for the
Presidency, position which it is said he
eovets if he cannot rule the National COnven-
ton.
Judge Black, after cogently arguing and
refuting the Popular Sovereignty positions Of
judge Douglss, declares that never before has
any public man in America so completely
revolutionized his political opinions in the
course of eighteen months, and asserts that 1--WE
can prove by himself that every proposition he
lays down in Harpers Magazine is founded in
error" That he docs so, and clearly states
the pro-slnvery position of the National De-
mccracy, we think all will admit who read the
following closing extract of the article in the
Washington Constitution. Judge r. says:
When he [Douglnsl took tour South, at the
beginning of last wiGter, he made speech at
New Orleans, in which he announced 10 the
people there that he and his friends in Illinois
accepted the Dred Scott decision regarded
slaves as properly and fully admitted the right
of anv Southern man to 60 into any federal
Territory with his slave, and 10 hold him there
as other property is held.
In Is4g he voted in the Senate for what was
called Walkers amendment, by which it was
proposed TO put all the internal affairs Of Cali
| fornia and New Mexico under the domination
of the President, giving him almost unlimited
power, legislative judicial and executive, over
the internal affairs Of those Territories. Un-
doubtedly this was a strange way of treating
sovereignties. If Mr.. Douglas is right now,
he was guilty then Of most atTociOus usurpa-
lon.
Utah is as mt ch a sovereign State as any
other Territory, and perfectly entitled 10
enjoy the right of self government. On the
! 18th of June 1857, Mr. Douglas made speech
about Utah, at Springfield, Illinois, in which bt
expressed bis opinion strongly in favor of the
absolute and unconditional repeal of the organic
} act, bIotting the Territorial government out of
existence, and putting the people under the
sole and exclusive jurisdiction of the United
States, like a fort, arsenal, uoek yard or maga-
zine He does not seem to have had the least
idea that he was proposing to extinguish
sovereignty or to trample up n the sacred rights
of an independent people.
The report which he made to the Senate, in
1856, on the Topeka constitution, enunciates a
very different doctrine from that of the maya.
zine article. It is true that the language is a
little cloudy but no one can understand the
following sentences to signify that the Terrific.
rial governments have sovereign power to take
away the property of the inhabitants.
The sovereignty Of a Territory remains in allegiance,
suspended In the United States in trust for the people
until they shall be admitted into the Union State
In the meantime they admitted to enjoy all the
rights and privileges Of sefgoyernment in subordinR-
ton to the constitution Of the United States, and in
obedience their organic law passed by Congress 1n
pursuance Of that instrument These rights and priv
eges are all derived from the constitution throug the
act Of Congress- and must DO exercised and enjoyed in
subsection ali tho limitations and Testictions which
, that constitution imposes
The letter he addressed TO a Philadelphia
! meeting, in February, 1858, is more explicit,
, and barring some anomalous ideas concerning
the abeyance of the power and the suspension
of it in trust, it is clear enough -
Under our Territorial system II requires sovereign
power to ordan and establish constitutions and gov
ernments While Territory may and should enjoy all
gsnic law, il ia not aaOyerep power. The eoyeregny
Of Territory remAins In allegiance, suspended in the
United States in trust for the people when they BE-.
come State, and cannot be withdrawn from tho hands
OF the trustee and vested 10 the people of Territory
without the consent Of Congress.
, The report which he made in the same month
! from the Senate Committee on Territories, il
: equally distinct, and rather more emphatic
], egainst his new doctrine -
This committee In their reports have SlwayH held thai
Territory is not sovereign poWer that the sover
eighty Of Territory IL In abey suspended In the
United States h trust for the people when they beeom
State that the United States, trustees eannot b
diyesed Of the sovereignty the Territory be nves
ted with the right to assume and exercise ~ withou
the Ont Of Congress. II the proposition be tru
that sovereign power alone institute governments
aud that the sovereignty Of Territory Is in Abeyance
suspended in the United stAtea In trust for the peop
r when they become State, and that the sovereignty
be dvested from the hands Of the trustees with
a out the assent Of Congress, It follows, inevitable
consequence that the Kansas Legislature did not AM
could not cor fer upon tho Leeompton Convention tn
sovereign power OF odanng constitution for the peO
pie OF kAnaaa In place Of the organic act passed By Con
10 gress,
"a The days are past aud gone when Mr. Doug
las led the fiery assaults ofthe opposition in tn
e Leeompton controversy. Then it was his o5jec
ID to prove that Territorial Legislature, so ia
from being omnipolent, was pOweress even /
authorize an election of delegates to conside
ia about their own affairs. It was asserted that
s. convention chosen under q Territorial law cou
q make and ordAin no constitution which woul
u be legallO hinding Then n Territorial 0overn