Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-10-12
HfSlner Law.

Higher Law.
Mr. Yancey, in his recent speech in this
place. became exceedingly Mortified when
ne conceived the idea, to which he gave ex-
preston, that Douglas was for .'higher
lava law above the Constitution-which
Interpretation he gave to the doctrine of
Popular Sovereignty as enunciated and sus
tanned by Judge Douglas What will he
think when he learns that Justice Campbell,
from Alabama, one of the Judges of the Su-
preme Court of the United States. advocated
this same doctrine of Popular Sovereignty,
in his written opinion given in the bred
Scott case. He there says: s'But an Amer
lc:n patriot, in contrasting the European and
American systems may affirm, that Europe
an sovereigns give lands to their colonists.
but reserve to themselves power to control
their property, liberty and privileges; but
the American government sells the lands
belonging to the people of the several States
&. e., United States) to their citizens, sAo
are already IN the possession Of personal
and political rights, aohicA the government
did not giue and cannot take awoy.''
Is not here the doctrine of Inherent Sov-
ereaynty broadly, plainly and Enthusiastically
laid down? It is the opinion, too, of Su-
preme Judge from Mr.. Yancey's own State.
Judge Douglas has never gone further than
does Justice Campbell in his bred Scott
opinion, as given above.
Let Mr.. Yancey tear his throat now in
denunciation Of Justice Campbell tor en- un-
ciating this ''higher law" doctrine from the
Bench Of the Supreme Court of the United
States
| In this connection it will not be inappro-
pirate to refute a specious fallacy upon which
MIR. Yancey laid peculiar stress-that mi
norities should rule majorities To this po-
sltion he was driven by the .sinexorable
logic" of his argument against the doctrine
Of Popular Sovereignty. He seemed to
have forgotten that ours is government of
bers-that the principle which under
lies our political system is, the majority shall
govern. But the case is SO strongly stated
IN speech delivered in 1850, by Mr.. Downs
of South Carolina, in the United States Sen
ate, in defence of the compromise measures,
that we reproduce several paragraphs there
from, as crushing and overwhelming reply
to Mr. Yarcey. In refuting some positions
of Mr.. Soule, of Louisiana, who was oppos-
ed to the compromise measures Of 1850,
Senator Downs said E:
''But now let us come to the main point,
Ito the rule Of the majority. Can a free
government exist without it? No, not for
a day 1t is only another name for the pow
er or sovereignty of the people. There is,
and must be in all governments, power in
the last esort omewhere which is final, and
from which there is no appeal. Where does
it reside in our country, if not in the people
And how can it manifest its strength except
by the fundamentally of the majority p
This principle is the antagonist of monarchy
and one or the other must exist everywhere
government exists. Where there is neither
OF these, there is no government but anarchy,
! 1t must exist IN an aristocratical government
however small that number Of the privileged
order, everywhere where the power is not
in one single person. Mr.. Soule finds him
self in a minority and will not submit Well
suppose we yield to him and say the minor-.
ty shall rule how do you ascertain the will
of this minority except by the principle of
the majority (? Well, you divide again land
he falls into second minority and refuses
to submit again, and so he must continue
to descend until he finds no person left but
himself, and then, indeed, but not till then,
will he get clear of this evil-he rule ofthe
Maority. He becomes a Monarch, and
then his evil genius ceases to follow him =
In no other way can he get clear of it
Therefore he who opposes the majority rule
must necessarily, from the nature Of the case
be in favor Of monarchy.
Oh, no, this will not do You might as
we'll expect to see an ocean without water
confagration without fire-or world of
verdure and beauty without sun, as to have
any kind Of government except pure despotic
monarchy without the rule of the majority.
1t governed US in our natal day of indepen-
dence and every day of our national exis-
tence since and let us pray in our hearts
and souls that it may never leave us, NEVER,
Me- YER, NEVER ! p
! We presume this authority, sustaining as
it does the generally received idea Of our
political system that it is a government of
numbers, will go equally as far as the spe
cious and fallacous opinion advocated by
the disunionist, Yancey-that M1NoRIrIEs
must govern MAJoR1rIEs Monarchy versus
Republican Democracy.
E'le Elections.
The election returns from Pennsylvania
for Governor show that Curtin, Black Re-
publican, has been elected over Foster, dem
ocrat, by tremendous majority, ranging
from 20, 900 to 10000. The Republicans
claim ~ or 20 out of the 25 members of