The Placer herald., 1860-08-25
pouplas and POPULAR Sovereignty

popular Sovereignty" which he nterpets
to mean the right of the people of an organ
lied Territory to do, with reference to pro-
perty in slaves, just what the people of a
State may do. If this is true, how comes it
that in ls45, in speech in the House of
Representatives, lie declared of the Terrific
ries that c-- &c.,.
"They are subject to The Jurisdiction and con-
troll tf Congress during infancy, their minority,
but when they attain their majority, and obtain
admission into the Union, they are free from nll
restraints and restrictions, except such as the
Constitution Of the United States has imposed
upon each and all Of the States
Does he or any other man believe, that
a people under the jurisdiction and control
Of Congress, can ayt as sovereig with re-
gard to great question? That Mr.. Douglas
does not believe in snch sovereign power ex-
islng with the people, under such an organ
iza,ion, We have his own word. On the 23l
of February, 1859, he contended that ter
ritoria Legislature could do nothing without
the consent Of Congress. Here is what he
said:-
~ hold that no such thing as soveseignty at
tacbes to Il Territory while Territory. l hold
that's Territory possesses whatever power it de-
rves from the Constitution under the organic
act, and no more. hold that all the power u
Territorial Legislature possesses is derived from
its amendments, under the act Of Congress; and
because hold that denied last year that the
people of Territory. U,thout the consent of
Congress- could assemble at Lccomptou and Gre
ate an organic law for that people | denied the
validity OF your Lecompton Constitution. for the
reason that Constitutions can only be made by
sovereign power. and because the Territory was
not sovereignty that was not Constitution, but
a petition"
1t requires sovereign power to fix upon
the institutions of society, and we see that
Mr.. Doug as held that they could not do it
in Kansas because Congress had not express
ly empowered them to do this.
These were positions taken whilst acting
under his oath in Congress.
We see that in a speech made on the 3 LIST
OF July, $50, at Concord, New Hampshire,
when upon Presidential e'ectioneeling trip,
he said
The Republicans of New Hampshire will tell
you. that the people of the Territory have no
right Of self governme until they become u
State. Have no right. Why not? Because they
say Congress has not giren them that right
hare get to learn that an american freeman,
| tChPfNeT ia Il SIIft or IfTTiOjI. UtTlCeS ms
rights from, Congress-"
What has become of his talk in 1854,
about the Infancy and minority of the terri
torial State. and what becomes Of his asser
tiou in 1858, thar the territories land Of
course the people inhabiting them) possess
only such power as they derive from the
Constitution, under the organic act, and no
more. Here there s.a nut for his friends to
crack.
If it is contended that Douglat leaves this
question TO the action of a people during
their territorial existence, then how comes it
that the Convention from which he received
last plank added TO The platform on which
he assumes to stand, is in these words
..Resolred That it is in accordance with the in
The existence Of The TeTrioral M @ the
| the meisurc OF restriction what il may be, i'm
| posed by the Federal Constitution on the power
OF the Territorial Legislature over the subject Of
| the domestic relations. as the same has been or
| shall hereafter be finally determined by the Sd
preme Court Of the United States, should be re-
specIed by all good citizens and enforced with
promptness and fidelity by every branch of the
General Government"
| Here we see that his friends say, that the
courts are TO decide what the (ihe people Of
u Territory.) concerning the domestic rela-
tions," and if they decide that the Terrific
rial Legislature can in no way interfere with
it, then every branch of the General Gov
ernment must enforce that decision
What becomes of popular sovereignty,
when the court has decided against its exer
cse1 Is it not the courts that decide the
question, and not the people of a Territory
But Mr.. Dougla understands that the Sn
preme Court Of the United States has deci
ded this question, the Court itself so under
stands it, the Attorney General Of the y. S.,
the President. Congress- and the Republican
partv and the whole country SO understand
il. In the same debate of 23d of February,
1859, Douglas said
1--WE agree that under the decision Of the Su-
preme Court of the United States 'laves are pro-
perty. Standing on an equal footing with all other
property, and that consequently the owner OF Il
slave has the same right TO emigrate to n Terrific
ry and carry his slave property with him. a. the
owner of any other species oil property has to re-
move there and carry his property with him."
We have seen that that the decision OF the
Supreme Court is against the power of Con
eress to establish or prohibit slavery in a ter
ritory. we have seen that Mr. Douglas holds
that a Territorial government has only such
powers as Congress does. or. has the right
to confer. and that therefore the people real.
Iy have nothing to do with the matter
But Mr.. Douglas is fruitful in resources -
In his canvass Of Illinois in 1858, he decar-
ed to his constituency that
ut matters not what way the Supreme Court
may hereafter decide the abstract question, whe
thur slavery may or may not go into Territory
under the Constitution, the people have the law
ful means to introduce or exclude it as they
please."
This may appear rather high ground,-