The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-02-08
The Douglas Doctrine in Nebraska
The Governors Veto.

10. The Douglas doctrine that territorial Leg
= lslature may exclude slavery, was practically
YES asserted by the Legislature of Nebraska ter
4 rltory few weeks ago. That body, which
se derives all its authority from Congress, AFRO
Id gated to itself the privilege to do what Con-
On gress has no power to do. 1t undertook to
exclude slavery from the limits of territory
which belongs alike to the citizens Of all the
: States, and for whose behoof if is held in trust
- BY the Federal Government, subject to their
joint occupancy and enjoyment
s. The following is the act excluding the
l. Southern people with their property from this
h territory. 1t is BRIEF but full of meaning:
re Sec. l. Therefore be 1T enacted By the Coun-
cit and House of Representatives Of the Terri
tory Of Nebraska. That slavery or involuntary
e seryitude, except for the punishment of crime,
{. be and the same is forever prohibited in this
Territory.
/ "SEc. 2. This act shall take effect and be
If in force from and after the first day of July,
A. ID. 1860
This act so manifestly repugnant to the
: principles of justice, and palpably in defiance
of the decision of the Supreme Court of the
United States, was promptly vetoed by Gov.
Black, who was appointed from Pennsylvania
by President Buchanan. His message is one
Of the ablest expositions of the territorial
, question, and the most lucid commentaries
upon the Kansas Nebraska bill, which has yet
been placed before the public. After showing
that the territorial act is in palpable violation |
of the treaty with France securing to slave /
holders the enjoyment of their rights in the
territory embraced in the Louisiana purchase,
he proceeds thus to present the Constitutional
argument. It is complete domolisher of the
spphistries upon which the Dougiasites rear
their plan for cheating the South out of her
rights, and abolitionising the territories, so
that in the interest of what they call freedom"
but which is really white serfdom, the equili-
brium of the two sections may be forever de-
stroyed.
But to the powerful reasoning of Governor
Black:
The Federal Government is government
of States and not of individuals or of masses
People make up the States and States make up ,
the confederacy. Though the General Gov
dCto ou W I'LL |
out the States it is only in the exercise of
powers, delegated by the States, and conferred
in the constitution. {
In the first American Congress of IVA colo
MES came together, through their representa- ;
tives, and BY union of colonies the wrongs
OF Massachusetts, Bay were made the wrongs
of Pennsylvania and Virginia. The revolu- {
ton was not social revolution-it was politi-
cal. 1t was a revolution of colonies by name S
The Congress of 1776 was Congress of colo +
MES, and the declaration was alive with the q
one great truth, 'that these United Colonies c
are, and of right ought to be free and ndepend- t
ent States" They made good their declara- t
ton, and became, not only free but sovereign
each one sovereign and independent within
ITSELF The articles Of confederation were en-
tered into by States the constitution was
formed by convention of States, each State
adopting the constitution for ITSELF thus max O
ing it, as far as applicable, law unto ITSELF O
ALI territory is acquired to become State S
but 1t is likewise acquired for the common s
benefit Of the existing States. 1t is theirs, Il
and the Federal Government holds it as their c
trustee Consequently, every citizen of every I
State has share in it. 1t is his in the first c
instance, because he is citizen of some one of I
the United States, and he has right to enter {
into the Territory, clothed with his rights as A
q OitiACA Vi luC Otdtc. 1lG JANUS pTOpSTLY / IL
with him, from his own State, and if he may
not do SO, then the Territory is not acquired =,
for the common and equal benefit of the seve- u
raj States. Does the constitution of the u. el
States then, carry slavery into the Territories?
No; but, under the Constitution, and by virtue r
Of it, the Federal Government acquires terri
tory, for the common and equal benefit of the n'
several States--slaveholding and non-slave- s.
holding alike. Being acquired, all may go ST.
into it, with their property, Of whatever kind, is
and if they may not there is no equality.
That the constitution recognizes slaves as pro- TO
perry is settled hey Snda doubt And though ia
t carries slavery nowhere, it sometimes follows M
it. A slave held by the laws Of Kentucky e
escapes into Ohio, under the constitution he is w
still as much property as he was before The Ia
aw of Kentucky does not follow him, nor can st
i hold him within the State where slavery is ee
prohibited I; but the constitution can and does. =
So there is no escape from the fact, that out
side of the State limits the-constitution does th
assert the right of the master to his slave as di
property, and it recognizes the relation exist tn
ing between them as lawful. 1t is special 80
provision, admit, but it must be borne in =,
mind that it is not the special provision which !"
makes him property. It recognizes the right an
Of property as already existing When this 81
Territory was first organized, had the citizens
u
their families and their hocks Had the citi-
gems of Missouri the same right to enter into
the enjoyment of their common estate, as the
citizens of Iowa, and had both the right to
bring with them any property which they saw 81
fit If they might not, by what law were pl
they restrained or forbidden? Surely not by e,
the treaty, for it is sealed to the protection of
persons and religion alike. Not by :,
the prohibition of 1920 called. in awful mock q
cry, the Missouri compromise, for that was c
repealed, and is now pronounced unconstitu- y
tionl and void. assume, then, that-the cit =.
liens of the States owning slaves had the right ~
to come here with their property when the a.
Territorial government was organized.
This brings us to the question of power in
the Territorial Legislature. Have we the CT
power to manage our domestic affairs in our I II,
own way, and exercise the rights of legislation :,
as free people? answer, we have, beyond III
or doubt. But communities tn
like individuals, have relative duties as well bC
as absolute and relative rights we must use To
our own rights so that we do not injure or n
take away the rights of others. This is good -
morals and good law. The doctrine OF the nj
rights of the States lies at the very foundation bs
of our political fabric To legislate against the
rights Of any one State Is to strike moral
blow at the rights of all.
In this attempt to prohibit slavery by an act
of the Territorial Assembly, l am constrained
to say you have overlooked the true intent and to
meaning of the organic law. :,
1t should be remembered that the restric- "
tive line against slavery, known as 90 deg. 30 81
min. was designed not only tc control the Il
Territories north of that line, but to exclude 4;
slavery forever from all States to be formed
between that line and the 49th degree; thus q
making the act Of Congress 70 operate on a.
States as well as Territories. l say this was t.
the design of the act of 1920, and Mr.. Clayton
proved it in the Senate. Indeed the great OBJ 81
iect was ITO have no more slave States" "
At the organization of Kansas and Nebras- a
ka. the Missouri restriction was blotted out, 8
and declared imperative and void lit being :,
the true intent and meaning of this act not to a
legisIate slavery into any Territory or State, /;
nor to exclude it therefrom, but to leave the !,
people thereof perfectly free to form and regu- n
late their domestic institutions in their own e
way. subject only to the Constitution of the
United States" This was the triumph of =
popular sovereignty over Congressional restric- .
ton. The right of the people to form and re- il
eulate their domestic institutions in their own
way, subject only to the Constitution of the y
United States. Surely you cannot think that L
this meant the Territorial Legislature created n
in the same law and by the same Congress. g
Is that popular sovereignty? Let us look:
"And be it further enacted, that the legisla a
tive power and authority Of said Territory :
shall be vested in the Governor and Legislative
Assembly" And the Governor or Executive I
hls voice equal to more than majority of /
each House. l need hardly say he is appoint /
ed by the President, and may never be seen !
of s'the people, before his appointment. How !
ever agreeable it might be to you and to me !
to suppose that we are "the people," in the
sense Of the organic act I fear that we must
Surrender the soft delusion. 1t is true you are
elected by the people. but they did not form