The semi-weekly mountain Democrat. (Placerville, El Dorado Co. [Calif.]) 1860-1860, 1860-08-29
squatter Sovereignty vs.. Law.

Judge Douglas, IN MS Celebrated rree'
port speech, on the 9th Of August, 1855,
says:
at matters not which way the Supreme
Court may hereafter decide as to the abstract
| question, whether slavery may or may not 60
| into Territory under the Constitution, the
| people have the lawful means 10 introduce or
| exclude it as they please, for the reason that
slavery cannot exist day or an hour anywhere
unless il is supported by police regulations.
Those police regulations can only lie cstab-
Ished by the local Legislature and II the peo-
pie are opposed 10 slavery, they will select rep
resentatives to that body who will, by unfrIend-
" legislation, effectually prevent the lntrOduc
ton II it. in their midst. II on the contrary,
they are for il, their legislation will favor its
extension. Hence, mn matter tchaf Mr dcciSton
! of the Supreme Court may be on the abstract
| 9aestjOn, It'll the right # tie people 10 make
| Stare TERRITORY ~ a Free Territory is perfect
and complete under the Nebraska BM."
We deny that so called slavery" or
the subordination of the negro, is subject
to loc0I police regulations anywhere,
either In States or Territories. slavery"
existed before either the States or Gen.
eral Government was formed; and so
called slavery" does not now exist, in
any State or Territory of the Union, by
virtue of any local Lao regulation, enacted
by the local Legislature. Slavery" or
the social subordination Of the negro, is
the normal condition of the race; and is
therefore not dependent on the ler loci, or
local law, but it exists, and has existed
everywhere in all nations and in every
age of the world, whenever superior and
an inferior race wcrc placed in juxtaposi
ton, except when it was and is prohibited
by local idW.
slavery" under the Constitution of
the United States, is national and general;
and free negrOism is local and sectional
for there can be no doubt about the right
Of each and all the free States to adopt
negro slavery; neither can there DC
amy doubt about the Constitution Of the
United States, recognizing their right to,
and protecting them in that species Of
proper. We believe with the 1st rcso.
luton Of the Democratic platform, That
the government Of Territory, organized
by an Act Of Congress, is provisional and
temporary, and during its existence all
citizens of the United States have an equal
right to settle with their property in a
Territory without their rights either Of
person or property being destroyed or i'm
paired by Congressional or Territorial
legislation" If the people Of Territory
organized by an Act Of Congress, have
this supreme power-this la'ctW means,
to impair or destroy the rights Of persons
and property, where, we ask, did they get
this supreme power-this ldwJM means?
1t is very evident from reading the vari-
GUS speeches of Judge Douglas, that Con.
grcss does not, in his opinion, possess
this supreme power; and we have, also,
the additional authority of the Supreme
Court of the United States, the final ar
bitter an all questions Of constitutional
lac, who, in the bred Scott case, em.
phatically deny to Congress this supreme
power claimed by Judge Douglas for the
"squatter soyereigns" Of Territory
The Supreme Court say-"lf Congress
itself cannot do this abolish or destroy
property in slaves, il it is beyond the
powers conferred OH the Federal Govern.
ment, it will be admitted, we presume,
that it cannot authorize Territorial gov
eminent to exercise them" 1t could con.
fer no power on any local government cs-
tablished by its authority to violate the
provisions Of the Constitution. If the
Kansas Nebraska bill Gonfers OH the
"squattcr sovcrcigns," the supreme pow
er contended for by Judge Douglas, it
would be perfectly competent for, as we'll !
as part Of the duty Of the Supreme
Court Of the United States, 10 declare it |
unconstitutional and void, as soon as a |
case could be made up to bring the ques /
ton before it for adjudication.
But fortunately for the peace Of the
such decision is not necessary,
rs there is not single public man OF any
prominence, nor single citizen Of intel.
ligeHce, who believes for moment in the
absurd dogma Of " squatter sovereignty"
as contended for by Judge Douglas. So
far from the "squatter sOvereigns" in
Territory organized by Congress, being
suprcmt, and therefore Independent Of the
Constitution, the laws of Congress and |
the decisions Of the Supreme Court, that
Judge Douglas himself recommended the |
repeal of the Utah Territorial bill, so as
to bring the Mormons within the more
direct control Of Congress.
The political life of Judge Douglas pre-.
sents to the mind Of the political student,
greater amount Of vAScillation, greater
variety Of contradictions, than can be
found in the record Of any other political
leader or statesman. We find him enter
ing Congress, an advocate of the Wilmot
ProviSo then an extreme pro-slaveryite
then non-interventionist and again in
favor Of passing law by Congress au.
thoriSng the President to enter q sover-
eign State with oil the power Of the army