Year: 1859

harmonious with Douglas again. As the
| election approaches, it will be more and
more so. 1t now undertakes to say that the
platform put forth by the late Douglas De-
mocratic State Convention, at Sacramento is
diamerically opposed to the views enter
tanned by the Illinois Senator A mere
glance at the subject will show how utterly
ridiculous is such an assertion. The portion
of the platform which the Express says par
ticularly conflicts with the doctrines o.
Douglas is this:


RESOLVED, That the right of the people of thu
Territories to form all their domestic institution,
in their own way, is absolute aud complete, anC
that we are naturally opposed to any interference,
with such right, either by the Legislative or Ex
ecutive departments of the General Government


Now, Douglas declares the same thing
precisely. He claims that under the Kansas
Nebraska Bill, the right is absolute and com
plete, and cannot be abrogated except by
the repeal Of the organic law establishing O
Territory. lie says that the Kansas-Nebras
ka Bill provides for the full and complete ex'
ercise Of legislative power on the part of the
people, subject to neither Congressional nor
Executive interference, and that the only
power that has a right to intervene is the
Judiciary, and that department only in such
cases as may come directly before it. 1t has
no right to go out of its way, looking up
points not involved in the case in order to
pass judgment upon them Of such nature
as to require Congressional legislation to sup
ply a supposed defect in the existing laws.


No more sovereignty for the people--of
which the Express, true to its Federal notions,
is so much afraid-is contained in the above
quoted resolution than is expressed in the
popular sovereignty clause of the Kansas
Nebraska Bill itself, where it says: 1t be-
ing the true intent and meaning of this Act
not to legislato slavery into any Territory or
State, but to leave the people thereof per-
fectly free to regulate their domestic institu-
tions in their own way. subject only to the
Constitution of the United States"


Neither is the resolution inconsistent with
the popular sovereignty portion of the Gin
cinnati Platform, which platform the Doug
las Democratic Convention of this State first
endorsed, before adopting the resolution un.
der consideration. Resolved" says that
Convention that we reahirm the principles
set forth in the Cincinnati Platform, and re.
cOgnize it as an authoritative exposition of
the Democratic creed"


Now, what does this Cincinnati Platform
say p" Resolved that, claiming fellowship
with and desiring the cooperation of all who
regard the preservation Of the Union under
the Constitution as n paramount issue-and
repudiatihg all sectional parties and Plat.
forms concerning domestic slavery which
seek to embroi the States and incite to trea.
son and armed resistance to law in the Ter
ritories and whose aNowed purpose if con-
summated must end in civil war and disun-
on.-the American Democracy recognize and
adopt the principles contained in the organic
laws, establish the Territories of Kansas
and Nebraska, as embodying the only sound
and safe solution of the slavery question
upon which the great National idea of the
people of this whole country can repose in
its determined conservatism of the Union
non-interrention by Congress NTH sIavery in
State or Territory, or in the District of Co
ium6id."


The resolution which the Express carps at,
does not contend for absolute sovereignty in
the people of a Territory, but only for that
degree of sovereignty Gf sovereignty it may
be called) which is delegated, under the Con.
stitution of the United States, by the organ.
ic Act establishing the Territory. They
have perfect right to form and regulate all
their domestic institutions in their own way
of course, subject to the Constitution. They
have no right to violate the Federal Consti
tuition. So neither has q State. Yet, no one
would dispute the soundness of resolution
which would declare that "the right of the
people of any State of this Union to form all
its domestic institutions in its own way, is
absolute and complete" Of course, the lin
itations of the Constitution are always un.
derstood.


While Douglas holds that no such thing as
absolute sovereign power attaches to Terri
tory while a Territory; that Territory
possesses whatever power it derives from the
Constitution under the organic act, and no
more, yet he accords the people of a Terrific
ry virtual and practical sovereignty over
their local matters and concerns, which is am
pie. He says;


"The limit of the authority of the Terri
torial Legislature is the organic act and the
Constitution and its amendments. The or
ganic act of Kansas provides in its sixth Sec
ton; That the Legislative po,cer of the Terri.
tory shnH ertend to all righJA subjects of
Legislation consistent nth the Constitution of
the United States and the provisions of the
act, dc. The whole legislative power pos
fessed by Congress over a Territory was, by
that Act, conferred on the Territorial Legis.
lature" He adds, "the intent was to give
to the Territorial Legislature all the power
that we (Congress) possessed all Mat could
be qiven under the Constitution and the un-
derstanding was that Congress would not in.
terfere with whatever legislation they might
enact"


He says again: Congress never passed a
law to protect any species Of properly in the
organized Territories it leaves its protection
to the Territ orial Legislatures. The ques.
iion is, whether we shall make an exception
as to slavery. The Supreme Court makes
no such distinction. 1t recognizes slaves as
property. When they are taken to Terri