The Van Buren press., 1860-08-17
From the Washington States and Union
Judge Douglas and his Principles


From the Washington States and Union
Judge Douglas and his Principles. !
To correctly estimate the character OF the
opposition to Judge Douglas, and when it
was formed, dates arc essential. The Free
port speech had not been delivered The
fidelity Of Judge Douglas to the Democrat
ic party had been assailed for his anti -Le-
compton course. When lie entered on his /
canvass in Illinois. it must not be forgot |
ten that the established creed OF the party, |,
as settled at Cincinnati, was non-intcrven-
ton by Congress on the subject of slavery
IN the Territories The Kansas and Ne
braska act was in force. 1t gave the peo-
pie of the Territories by its legislation,
poweI to determine for thA.psclses this.
9aes{ssn d sias fs'isis w tEs assaDs.
rate bud a'n.ost unanimous sd {etir.e,i. Of the
party. Mr. Buchanan, in his late stump
speech to the people. denies that such was
the doctrine OF the party. Such denial is
all important to enable him to carry on the
war against Judge Douglas. He insists
that he never did so understand the act
He is the first man that has taken the bull
by the horns, and we apprchend that in
dong SO he must be gored to the heart
have we any witnesses, then, to prove this
misapprehension Of Mr. Buchanan. Yes,
an almost superhuous number-men who
We're actors in the scene. parties to the trans
action, participants in the debate just lis
; ten to the testimony of a few. Hear Sena-
tor Bigier. lie is the confidential friend of
Mr.. Buchanan, and was 50 in iS5G-57.
What did he say on this subject! Why,
he simply said, in 1856, " agree with the
Senator iron Michigan, that the Territori-
al Legislature (please to mark this, Mr..
buchanan has entire control over the sub
Ject, and Is competent 10 establish, abolish
or protect it, Now, Nh. Co5b, did you
not speak the following words in 1856
The majority Of the people, by the action
of the Territorial Legislature, must decide
the question, and all must abide the decis-
ion when made"
| Hear, also, Senator Brown, of Mississip-
m; 81 suppose, when we passed this bill,
we intended by It to give them a right to
leg'slate on all subjects touching their do
mestic policy Listen, If you ,ieasc. Mr..
Buchanan, to the words of o,,o of the mr.
est and most able Of me.,, Senator of south
Caroiina, perfect Cato in political virtue
lie, also, sa;t +: There will be a perfect
carte h.0'sche given TO the Territorial legis-
lature to legislate as they may think prop
er.' And yet, Mr.. Buchanan, in vour stump
speech on Monday night, to your motley
associates, You are reported - have said
. tnat there is no Territorial legislature
mentioned i'll the Cincinnati platform. and
that you never endorsed the doctrine oi
rIuuttor sovereignty. Just then consuIt
your friend Senator Biglcr, who proves
THAT the IerritoI ial legislature was com
pSt Isl fn bpf f,.b
a. Is that sgnattor sovercignty, and did
no, the Cincinnati Convention affirm it :?
7 But an old man s memory is very trcachcr
Gus I; and were it not that the denial Of thi,
doctrine, just at this time, had particular
/ motive and purpose, We should have con.
sidercd this disregard of the truth of hi.to.
~ as The mere inadvertance Of old age
Bnt, Mr.. Buchanan, you know very well
that tins doctrine, as set forth in the Kan
sas act and approved at Cincinnati, did not
as you stated, relate TO the action of the
people when tney called convention to
form a State constitution. That was a
distinct, independent right. but no. a legis.
lative right 1t required no snch grant Of
! power ty Congress to confer il, and need
ed no party platform to approve it, Such
a right had been exercised by other Terri
tories without any law The right is en-
tirely different. 1t is not a legislative. but
sovereign right and if it were not. why
do you, NJ. Buchanan, Yanccy, Davis
Hhett, and othets, raise all this fuss and
| disturbance Senator's must he supposed
to have understood the Kansas and Ncbgas-
ka act, and they have Informed You that it
was the Territorial Legislature that was to
establish, abolish, or protect slavery, and
not convention after to form State con-
>titution. These were the settled doctrines
when Judge Douglas delivered his speech
at treeport. Now, we wisl to state Judge
Douglas position-fairiy-nnd correctly. AS
Stunning. then, that the power was granted
by this Kansas act, and as admitted by
such jurists as Butler, Benjamin. Toombs,
and others, to the Territorial legislature, as
is described by Judge Butler. :. to legislate
as they might think proper" what wac the
enormous wrong inflicted by Judge Doug
las on the rights of the South in the senti-
ments iuculcated at Freeport ? What did
he say Aerely that the Legislature of
Territory had q right to abstain from such
Legislation that, having control of the
whole subject. they have the power and
right thus to refrain, or that such legisla-
ton might be unfricndiy to slavery. Who
can deny this ? Is it a novel doctrine
Wherever there is the power to legislate,
it can be exercised or not, just as the maj
ority ,ictrrn'i,sc. The Legislature may pass
or may not; pass laws. They may
pass and then repeal laws. This
may be illustrated by the case of legislat-
i've grant of power to Congress by the
Constitution. 1t confers the power on
Congress to pass a bankrupt law Has
Congress exercised the power? They have
done SO, but the laws haye repealed them,
and the power is now dormant. Thi, is
untriendiy legislation to the unfor. .una,e in
trade. Now you might just as well de-
nounee Judge Douglas, for having stated
the evident and inc3ntroycrtible truism that
Congress, although it has such power, need
not exercise it. Such, nevertheless, is the
ri1.ng, frivolous and ridiculous charge
against Judge Douglas for his Frecport
speech.
Now the Judge did not say that legis-
lature ought so to act. lie mere'y stated
the fact. not that ne approved OF suc.
policy. Far from it He designates it as
friendly Legislation. He only announced
what Senator Butler and others had preyi-
ously declared, Z" that the Legislature
might legssiate os they snoy think proper"
Is Judge Douglas, then to be bran,Ied as
unsound in his Democracy, or as unir;end-