The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1860-08-17
NOn-IntcrvcntiOn nnd Popular
Sovereignty.

GAtAou utu ENPulaif
Sovereignty.
Mr.. EDIToR;-The democratic stump
and press assume, in support Of their pre-
tended doctrine of Popular Sovereignty,
that the Supreme Court decided that Con-
gress had not the power to legislOte on
the subject of Slavery in the territories.
Now the Supreme Court did not pre-
tend to decide any such thing. But they
take it for granted that Congress does
possess the power to lcgislatc on this, as
well as on all other subjects of legislation,
and that il rests in the discretion Of Con-
gress, whether they will exercise this
legislative power themselves, delegate it
to persons appointed by the general gov
ernment, or authorize the inhabitants OF
the territory to exercise it themselves
Q9 Howard, 44s-449.)
But the Court say that in the exercise
ofthis Legislative power, Congress is con-
trolled by the provisions Of the Constitu-
tion, and has not the power to make law s
for the territories, establishing religion,
abridging the freedom Of speech or of the
press, or the right of the people of the
territory, to assemble and petition the
government for the redress of grievances,
nor deny to the people the right to bear
arms, the right Of trial by jury &C., or to
pass laws depriving the citizen of the
right of property, and that any law, pro.
hibiting the owner of slave, in state
from holding him as such in territory
is unconstitutional and void, because 4
deprives the citizen Of the right of prom
erty without due process of law. Tht
Court only say that Congress has not tn,
power to pass unconstitutional laws fol
the government of territory.
Now then, in the language ofthc Court
we soy that if Congress has not the pow.
er TO pass ar unconstitutional law for the
government of the territory, "it will be
admitted, we presume, that it cannot ou,
tlorize a territorial government to pass
such unconstitutional laws" In other
words, il Congress cannot violate the con.
sttution in the territories, neither can Q
territorial legislature violate it.
Now, Mr.. Douglas seeks to escape from
this difficulty by holding, that, although
the territorial Legislature may not violate
the constitution by directly prohibiting
Slavery, they may in effect accomplish
the same thing by "unfriendly logisla
tion," that is, by discriminating agains
this species of property, and putting i
outside the pale Of the laws protection.
That is; the territorial legislature ma
pass laws making it crime to burn ny
hay stack, OF barn, break open my house
or steal my horse, but refuse to pass law
making it crime to steal my ncighbor'
slave, entice him to run away, or incit
him to rebellion and instruction.
Now, is it at all strange that the South
ern wing of the Democracy preferre
rather 10 break up the party, than submi
to such a revolutionary doc'rinel Is
any wonder that they denounce the ma
and the party who, while they admit thei
equality of rights in the territories, adml
that their right Of property in slave
stands on precisely the same footin
with any other right Of property, woul
yet deny to them and their property th
equal protection Of - law.
What would we thirk of an uspiran
to the presidency who would adyocat
the doctrine that territorial legislator,
by refusing to pass laws, protecting tn
owner Of cattle in his rights, might efTeci
ually exclude cattle growers from the teI
ritories, or, by refusing to protect tn
, owners Of merchandise in their rights
p property, exclude all merchants from Ii
territory.
No man will deny but that the men
bers Of such Legislature, who sustaine
these measures, would be guilty of pei
jured pi9latiOn Of their official Oaihs, an
would be liable to punishment, as oficel
unfaithful to their duty and untrue to Ii
Constitution and the rights of their col
; stituents.
Mr.. Douglas, then, stands before h
. country in this pitiuble light. He make
b one hundred stump speeches in Illinoi
: 6ny in Congress, an indefinite numb'
to the authorities Of New York, either
Of Massachusetts, faculties, students az
graduates Of colleges, speeches at Bo
ton, Charleston, BunkerhIll, all discour
ing Of my gur-reat principlei" whiC
"great principle" simply means that Il
members Of territorial Legislature hal
the PO'oef, n0t the right, 70 violate the
pfdcial oatha and the Consultation OF II
) United States, because there - no la
20 punish them for their crime.
How art thou fallen. o son Of Il
morning, and how is thy glory departed
JEFFRRSON.