Daily national Democrat. [volume] (Marysville, Calif.) 1858-1861, 1860-02-21
How the Case stands.

Congress or through the medium Of the pub
lie press, its opponents get worsted The un.
answerabe arguments of Judge Douglas,
Senator Pugh, Mr.. Morris, of Illinois, and
the rest, who still contend for the principle
and of Lewis Cass and james Buchanan ct al,
who formerly contended for it, but now
abandon it, can scarcely fail to settle and fix
the opinion of every intelligent man who will
take the trouble to examine the subject
What Judge Douglas and hisopponents have
said has already been placed prominently
before the public We propose, now, to re-
call to the recollection of our readers the po-
sition Of Hon. Lewis Cass upon this doctrine
In the Senate of the United States, in May
1856 he said
| shall commence with the relations be-
tween the United States and their Territo-
ries, but shall endeavor first to redeem from
obloquy cherished American principle
which lies at the foundation of free institu-
tons. This principle has been designated as
popular sovereignty, squatter sovereignty,
Territorial sovereignty, and marked by other
sneeling terms used contemptuously as nick
names rather than descriptively as deini-
tions, which has served to cast reproach and
often designedly, upon a great element of
human freedom and to bring itinto discredit.
The whole subject has been made the vic
tim of false analogies, instead of the object of
constitutional inquiry. Our Territories are
settled by our own citizens, who all their
lives have enjoyed the privilege of selfgov
eminent A man knows as much in Ter
ritory as in State, and is just as capable of
dscharging his political duties.
The following extract | make from an able
review of the subject by Judge Mclean:
admit that Congress may organize Gov
eminent which shall protect the land pur-
chased, and provide for the administration
of justice among the settlers it does by no
means follow that they may establish slave
ry. This is relation which must be created
by the local sovereignty-it is municipal
regulation of limited extent, and necessarily
of an equally limited orgin-it is a domestic
relation over which the Federal Government
can exercise no CONTROL" and this is in con-
formity with the views of Mr.. Madison, who
said; This power of governing the people
without representation is in suspension of the
great principle of self government"
"The power (of Congressional interposi- |
tion) is confined to the establishment of Ter |
ritories, leaving the inhabitants in possession |
of the rights of internal Administrations Be |
yond this establishment and organization, |.
there is no necessity for the action of Con-
gress, as the people are fully competent to
administer their own domestic affairs, and
the power being derived from necessity, stops
where the necessity ceases. In the Wash
ngton Globe OF March 81, 1882, may be
found a review of the decision of the Supreme
Court upon the Cherokee question in Geor-
gia, which was written by me, and read to
and approved by Gen. jackson, and by my
colleagues in the cabinet, and in which |
said The power to dispose Of, and make
needful rules and regulations respecting, the
property of the United States, and the pow
er to exercise general jurisdiction over per-
sons upon it, are essentially different and in
dependent The former is general and Is
given in the clause referred to. The latter
is special, and is given in another clause, and
confined to the Federal District and to places
purchased by consent of the Legislature of
the State in which the same shall be for the
erection Of forts, magazines arsenals, dock.
yards and other needful buildings"
The principle of the establishment of local
Governments by n metropolitan authority, !
and the administration of such Governments
by those over whom they operate, is familiar
TO every American; it forms a memorable
chapter in our colonial history. Its violation
by the British Parliament having constituted
the great political oppression which led to
the War OF Independence, it was announced |
in the Declaration of the Continental Con-
gress of INA IN these words "The Eng |
fish COlOnists are entitled to free and eXclu- |
sive power Of legislation in their several pro
vincial legislatures where their rights of rep |
raz Ia J. ! :,
cases Of taxation and internal polity," DC |
From the preceding considerations it follows |
that, when Congress establishes a Territory, |
and organizes its government it has exhaust
ed its power, and the people of such Terrific
ry have the right to adjust every question of
their internal polity ;" to use words rendered |
clear by the patriarchs of the Revolution, "in |
the mode most acceptable to Themselves
subject only to the Constitution"
The precise positions are taken in the
above which are now contended for by the
genuine Democracy. That slavery is the /.
Creature Of local sovereignty" has long ago
been decided by the Supreme Court Of the
United States, and there is nothing in the /
bred Scott Decision, or Opinion either, to
contradict it. Yet the whole mass Of
Lecompton argument in favor of Con-
gressional intorposition, rests upon the foun-
dation that slavery is not a municipal regu-
lation but exists by virtue of the Federal
Constitution. The fallacy of such an assump
ton is at once answered and the assumption
overthrow, by the simple fact that slavery
exists in portion of the States only, being
there allowed and in others prohibited. If
1t existed by virtue Of the Federal Constitu-
ton, 1T would exist everywhere, and no local |
law could interfere with it. Therefore, when
the President asserts, as he does in his last
message, that the Constitution carries slave
ry into the Territories, he places himself
in logical dilemma from which it is i'm
possible for him to be extricated. Perhaps
the Express will undertake the Job. We
would like to ask that journal this question.
Does the Constitution, as interpreted by the
bred Scott Decision, carry slavery into the
Territories" or does it simply fail to prohibit
il from going there
A CHALLENGE TO PRYoR.-Wo find in a
special Dispatch TO the Union, the following
The following is the offensive language
in the New York Herald which called out
Ashmore, of South Carolina, and Roger A.
Pryor, of Virginia. The filthy lial. and IL.