The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-28

NEW 1Ol
The Position OF Senator Douglas.
WASscros, Feb. %, 1890.
MR. DOUGLAS POSITION, FROM A FRIEND.
Tho prominence given to Judge Douglas name as .
ddaie Tor the Charleston nomination, in consequence OF
the election of his friends delegates from almost every
orthern, Eastern and Western State has naturally
vved the attacks upon him, both the part OF the
publican presses and in those journals attached his
own party but controlled and Influenced by his per-
sonai enc miles, purpose TO state few prominent and
denable facts both regards Judge Douglas position,
and the character Of his assaants of his party,
and am satisfied that the New York HERALD with Us
Characteristic independence will not refuse them the
benefit Of is wide spread circulation.
And, in the first place, the extraordinary proceedings
OF democratic Senator's call for remark. With view,
evidently Of attempting to njure Judge Douglas, we fluid
them usurpng not only the control Of the party but the
functions Of the delegates the National Convention and
in advance debating 70 that body the platform shall oc
cupy and the principles shall stand upon And we End
rumpeed abroad tina. there is doubt the Convention
win pay attention to the resolutions adopted by the
Senators than 70 any expressions Of opinion which the
democracy Of republican Sa,es may have given utter
ance to And it further asserted that but democra
tic Northern Senator avowedy Judge Douglas friend
namely, Mr.. Pugh, Of Ohio .
Apart the fact that II is quite improbable the dista
ton of Senators win exercise any feeling the Charles
Convention except that of resistance let examine
the ground little. The Northern democratic Senators,
in addition to Mr.. Pugh, Bgler, OF Pennsyiva.
mia: Bright and Fitch, Of Indiana; Rice of Mnneso-
ta and Gwin OF California They opposed, It is
nounced Judge Douglas and therefore assumed he
has strength in the North. As for Bgler he repre-
sents State which since his election has become repub
can and there is to suppose he represents in
any by his present position towards Judge
Douglas the views Of the democratic party in his State
Gwin Of California, has been repudated by nis STATE
Elected through corrupt bargain with Broderick he will
retire at the close Of his term TO private c continue
his adventures by seeking other State where he
find neld for his peculiar abilities. As far
precision Of the feeling Of the State Of California
cerned II "a altogether favorable 10 Douglas and the
election Of Latham 10 the Senate by that State marked
indication Of this feeling Minnesota has elected Douglas
delegates to Charleston, and Rice therefore, misrepre
sents his State. Let turn 70 Bright and F,,hae
Senators from Indianaeleced by trick, and retaining
their seats simply because the Senate being Judge Of the
qualifications OF it's MEMBERS Dit 70 refuse auy inves,
cation into the the election OF these worthless
They only rghtuy represent their state the
United States Senate, blu, they Enthusiastically msrepre
sent the views, feelings and sentiments of the
cratic party OF that State At the recen. Democratic
State Convention the friends Of Stephen A. Douglas
trumphed the nost frantic Efforts of Bright
Fitch and delegates were chosen directed 10 their
votes at Charleston for Douglas Bright and Fitch have
not been selected TO represent in the ranks the
mocracy OF Indiana NJ Charleston; and yet these
have the impudence to get themselves up in Senate
rial capacity as the exponents Of the will OF the Indiana
democracy and dicatore to the Charleston Convention
to the platform which that body shall adopt and the
man also II efial place upon IT.
is easy 70 understand the animosity o. such
as Bright towards Judge Douglas Not only is Bright
indebted TO the Senator from Illinois for all his political
success but he has also to feel the less irritating load
to little mind OF conscious immessdreabts nfcriorty
to his quondam frend-an in!eriory mentally rally
and over Whelming.
Without at this time entering into an examination of the
Senatorial CAUCUS resolutions intended TO usurp the
power Of the Charleston Convention, and with view of
threading of Douglas" a brief abatement Of Judge
Douglas' position will demonstrate that impossible
for any Set OF conspraors Ia the Senate 70 construct
mine which can destroy Douglas position democrat,
without at the same time destroying the democratic party
Of the North and leaving the debris hghs among them
selves upon platform alike inconsistent with common
OF the constitution itself.
Judge Douglas cntertans certain opinions the rights
ec be considers that slavery is protected as property
in the Territories having no higher attributes and entitled
TO no less consideration and that the Territorial Legla
lures have the same control slave property aud s
disposition as all other property corpor atoms &C.
But he says this is judicial aud no. political question
Whether the Territorial Legislatures do or do not
and '+ Of law and ' there is but one trsuns maj
1.-THE Supreme Court Of the United states IT is not
matter to be decided by political conventonsand hence
question they cannot control, and which after al
their conclusions cannot disturb. He holds
that the bred Scott decision na 60 far as the question
simply that bred Scott negro, and ouch, not
citizen Of The United States. The arguments OF each
Judge by which he arrived at this conclusion,
part OF the decision of the Supreme Court Judges
fancy. Campbell, Catron Neson Grier all assign dilie
al and IL is their undoubed privilege TO be permitted TO
place upon record the reasons which induced them to de-
this ali that they did decide and ali that 's binding
upon the people o! the United States Judge Douglas
holds that decision Of he United States Supreme Court
properly become the subject either Of affirmation
quotation by political convention He is opposed to the
not because he docs not consider correct but
he holds that political body has the right to repudate
the decisions that Court and establish higher law doc
trine and he therefore will not set the republicans
ample by acknowledging that decision made can be
reason, therefore, he holds that would be- inconsistent
with the principles Of the democratic partya party which
has Away been conspicuous for its strict adherence TO
the requirements Of the constitutional thus
pie to the republicans Of belief in "higher law which
practically sets itself shove the constitution and the su
preme Court by leaving the decision Of that tribunal
subject for political platforms and political reputation
! assent.
Judge Douglas equally clear and explicit He maintains
that the Supreme Court cannot usurp the powers and
advance set OF rules to govern the legislation Of Con-
gess The Supreme Court cannot by anticipation declare
that Congress shall only pass such and such laws On
the contrary Congress s free to pass any laws 1t may
1T but aer their passage becomes then the privilege
Of the Supreme Court to declare whether they oonst
utiona not And this must be done after the passage of
| the law, Of course, and only each case arises.
have thus briefly touched upon the principal points of
Judge Douglas position and which leads him to the
cuson that reafrmation Of the Cincinnati platform ia
al that required at Charleston TO place the democratic
party In safe, wise and consistent attitude The doc.
tne Of popular sovereignty the doctrine that slavery
protected invioate in the Territories by the consttu
ton, Is matter OF fact to be finally decided when tho
question can be brought before the Supreme Court Iu
difference OF opinion among the members Of the de-
mocratc party but very improperly part Of doctrna
platform, which assertsno matter what may hereafter
be the decsion Of the Supreme Court when the auee
| ton comes before it-that there must BIO but
one construction TO the constitution, the one they