Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-09-14
COMMUNICATION


The Territ0racs.-sNo. X. II
The basis of any State government that may come
into the Union ia alone in tie constitution Its ORR
gin is there, its organic laws there. and all the
necessary elements for the superstrucure Of aStae
government by the express terms of the constitu
ton the State must raise upon this basis and these
organic laws republican form OF government.
before it can come into the Union. Mr.. DoUeIAs'
theory stands in direct opposition to all these pro
positions, and the arbitrary sylogism by which he
proceeds to expodhd and establish his doctrine
leaves all idea of previously formed and existing
government out of the question Finding no stable
ground in precedent to rest it m no action of any
of the twenty Territories that have been admitted
to support it. action in the government for eighty
four years to countenance il, and no principle to
favor it, he rushes meteor like beyond the sphere
of laws that give stability and permanence to gov
eminent. into immagInary realm Mr.. DOUGLAS |
INDUCING in his fav0rite syogis;ic STYLE in late
speech at Saratoga goes on to state bis position
thus: 81 believe in the equality of the States-and
in the equal rights of the citizens of all the States
in the Territories of the United StatesD
Here we have his two leading and we must I'M
derstand them, as self evident propositions The
concluding one instead of being stated in the same
Ambiguous style Whatever rights the citizens OF
any State may enjoy in the Territories pertain alike
TO the citizens of all the States. and on whatever
terms the citizens of any State may move into the
Territories with their property, the citizens of any
other State may go and carry his property, and
enjoy the same under the protection Of the law"
Query What law? Analyze these three PROPOSE
ions in the light of the Constitution aud they
| c.
But take the last as it stands and it Is wholly
ambiguous, and leaves nothing certain, but bears
the ear marks of the New York school of politics
throughout
In plain words Mr.. DOUGLAS would say IbelieYe
in the equality of States and the equal rights of
their citizens in the Territories if the first settlers
in those Territories shall so decide. believe in no
abstract rights of States their citizens under the
Constitution these to be decided by the first
settlers the lands If they choose to exclude to
confscate the property of Southern citizens. so
mote it be. If they determine that the slave taken
from Kentucky or Tennessee is not property. then
the rights under the Constitution are no longer
rights, but mere distractions.
Hear him in his definition of vested rights in
Territory settled under the auspices of a govern
ment that, in plain language secures to all under
its sway, peaceful security in all legally acquired
property. Hear his logical deduction from his
premises Without word OF qualification he
says: But it must be borne in mlnd that all prop
ery in tie Territories subject to-, and dependent on,
the local lac for protection"
To what extent this Is true, and to what extent it
is totally false let the organization of any Territory
speak From the first one to the last, law officer
,
| a Court that has had the most ample power to de-
, fine and correct any departure from the Common
! Law. The Ler Loci described by Mr.. DOUGLAS, is
not that great and protective national principle
J. known and recognized by all christendom, but Is
the spirit of revolution to unsettle every settled
> principle and throw mankind back upon the first
e stage of civilization.
! This Ler Loci of Mr.. DOUGLAS exists without any
national sanction attribute and if any deduction
is to be drawn from this cited precedent it is made
in state of revolution, by people under op.
preston, and against government that has no per-
manen. power to Cypress
Mr.. DOUGLAS says, sit was in defence of this prin
cple that the battles of the revolution were fought
!, In this sweeping way he clears his path to con
e cuslon defining this principle (sef government
t. be revolution. anarchy.
Such is the logical concusion-such is the inevi
table tendency, such must be the result of Mr.. DOUG
doctrine. and though in all his speeches and his
advertisements of his patent specific, he has endeav
4 ored to keep clear of this nvidiUus conclusion, he
! | at last at Saratoga where chemical af6mties are
e plenty, that prompt man TO realize using his
/ tongue the wholesome lesson of rinum in Ueritds-
. Mr.. DOUGLAS takes his own tricks.
+ Mr.. D. may see but little difference between the
y people of the colomes-tsxed against their will
without representation and the people of the terri
: | tories-represented without being taxed. But the
It existence of his Ler Loci will probably reconcile
i any difference that may appear to other minds
while convinces that the principle here advocated
is the principle of reuolHon-the last resort the moi
law of the territories. The Executive and Law
officers appointed by the Federal Government driver
out and Judge Lynch Rer ct J,der Mr. DOUGLAS hold
ing that Congress has made laws for the te7
" tories, that persons and property dependent or
local law for protection.
The law of England that has been defined as tn,
o perfection of human reason has been transmitted
not by legislative assistance this age but has ex
listed independently of this extrinsic aid This I'm
written law forms the basis OF laws. Its action
has been modified under our charters of liberty
" known as the Constitutions of the Safes. TIL,
/ Federal Government sends competent judge L
the Territories to see that Constitutional right
nfringed either by the Of the PEE plt
or the Legislature. Yet Mr.. DOUGLAS proposes tha
= the Legislature dO.away with one of the prima
r principles of the Government the right of property
II To do this Judge DOUGLAS has to acknowledge that
L the position he assigns to the Territories logically
! is revolution that they annex themselves and
the land they have taken possession of to any king
DOM power, potentate that they may elect in car
rying out the great principle of selfgovernment
= as eiucidated and simplfed by Judge DOUGLAS.