The Nevada Democrat., 1859-09-28

srhe Dividing Line between Federal and
Local Authority-Popular Sovereignty In
the Territories"
| In the September number Of Harper's Maga-
zine we find lengthy article under the above
heading, from the pen Of Stephen A. Douglas,
which is destined to create considerable discus
sion in the political world. The article is the
most able of any which has been published on
the subject, and is evidently the result of much
research and careful thought.
After defining the doctrine of the Republican
party upon the subject Of Territorial Govern
ment, as laid down in their platform of princi-
pies, and expounded by their most eminent
leaders, Judge Douglas admits that there are
radical differences of opinion among Democrats
in respect to the powers and duties of Congress,
and the rights Of the people of the Territories
which seriously disturb its harmony and threa-
ten its integrity. These differences of opinisH
arise from the different interpretations placed
on the Constitution by persons who belong to
one Of the following GLASSES:
"FTa-Those who believe that the Constitution of the
United States neither establishes nor prohibits slavery in
the States Territories beyond the power Of the people
legally to control it. but "leavss the people thereof per
ctly free to form and regulate their domestic nsttu
tons in their own way subject only to tho Constitution
Of the United States"
"secondThose who believe that the Constitution es
tabshes slavery in the Territories and withholds from
Congress and the Territorial Legislature the power
troll it, and Who insist that In The event the Territorial
Legislature fails to enact the requisite Laws foS It's protec
ton 1t becomes the imperative dSty Of Cobgress TO inter
pose its authority and furnish such protection.
"TAird.-Those who, while protesting to believe that
the Constitution establishes slavery 10 the Territories BE-
yond the o. Congress the Territorial Legislature
to control it, ct the tme protest agAissi the duty
81 Congress 70 Interfere for its projections bat sst that
II Is the duty Of the Judiciary to protect and msintan
slavery in the Territories without any law upon the sub
ject."
Judge Douglas proceeds at considerable
length 10 combat the theories laid down in the
second and shira propositions, ana proves ss
conclusvely as any Political proposition ear
be proven, that the Federal Constitution neither
establishes nor prohibits slavery in the Terri
tories, but that the people thereof, through
their Legislature, have full and complete con.
troll over ell their domestic institutions, end
! that they cen either establish or exclude ala
very rs their interests or inelinations may die
tate. He holds that Congress can exercise no
powers that are not delegated, enumerated,
and defined by the Constitution; hence it is not
in the province Of Congress either to exclude
or establish slavery in the Territories for no
such power is granted. But the people of the
States and organized Territories can exercise
all powers that are not expressly prohibited,
and rs the Constitution is silent upon the sub
ject of domestic slavery, they can either estab-
lish or exclude the institution.
To establish bis position, Judge Douglas re-
views the history of Colonial legislation, the
proceeding of the Convention that framed the
Federal Constitution, tho discussions on the
Nebraska Act of 1854. and the Dred Scott de-
cisiOn. The article concludes as follows:
Ths exposition of the history of these shows
sonclusivey that the authOrs of the Compromise Meas
Of 1885, and of the Kansas Nebraska Act of 1854
well the members of the Continental Congress in IVA
and the founders of our system subsequent
to the Revolution regarded the people of the Territories
and Colonies political Communities which entitled
to free and exclusive power Of legislation in their Prov
nca eg atures where their representation could alone
be preserved in all Of taxation and internal poity
This right pertains to the people collectively law
abiding and peaceful community and not to the isolated
individuals who may wander upon the public domain in
violation of law only be exercised where there
are inhabitants sufficient to constitute government and
capable OF performing its various functions and duesa
fact to be ascertaned and determined by Congress- Whe
ther the number shall be fixed at ten fifteen twenty
thousand inhabitants does not affect the principle.
The principle under oui political system is that every
distinct political community loyal to the Constitution
and the Unon is entitled to all the rghta privileges
immunties Of sefgovernmen in respect to their local
concerns and internal poy, subject only to the Consi
tuition of The United States."
The views of Judge Douglas upon the respect
i've powers and duties of the Federal, State, and
Territorial governments, are the same as those
entertained by the Anti-Lecompton Democrats
of this State, as laid down in the resolutions of
their State Convention, and advocated hy their
speakers during the late political canvass.
Whether the publication of the article will tend
to harmonic the differences existing in the
Democratic ranks, or whether it will have the
contrary effect to more distinctly define the
line of differences, remains to be seen. If the
views of Douglas are endorsed by the Charles
ton Convention, and candidate for President
nominated whose antecedents can be relied on
to carry out the doctrine, the Democratic par
ty will be successful in the national contest of
1860. But should the Convention declare in
favor of Congressional inter ference to protect
slavery in the Territories, or decide that the
people of the Territories have no right to legis-
late upon the subject, or evade the issue, the
chances are ten to one that the candidates of
the Convention will be defeated before the peo.
pie.
THE PtsToLs.-At the inquest on the body Of
Senator Broderick, Mr.. Lagorde, the gunsmth
who was on the ground to load the pistols, tes-
tilted that the pistol used by Mr. Broderick was
lighter on the trigger than the one used by
ind Oe Terry He said that n auddap ;ar ~