Year: 1859




The Express seems inclined, since The etss-
ton, to read every Douglas man Out Oh 'ns
Democratic party. Herein it differs very
much with the ablest Southern leaders, for
whom it processes to have great admiration
One of the greatest of those leaders is Senator
Toombs, of Georgia. Speaking of differ
ence of opinion, on the sovereignty of the
Territories, between himself and Judge Doug
las, he says


"I do not belong to those who denounce
him; the organization of the Democratic par
ty leaves this as an open question; he is at
full liberty to take either side he may choose,
and if he maintains his ancient ground OF
neither making nor accepting new tests OF
political soundness, shall still consider him
a political friend. and will accept him as the
representative of the party De, dc.


The question being an open one, as Senator
Toombs terms It, what is more reasonable
than to allow q doubtful matter to rest in
abevanee until it can be settled by the proper
authority in due process of time? Ifit be an
open gu estion as to what power Congress
may exercise over the people of Territory
on the subject Of slavery, why is it not prop
er course to insist that Congress shall refrain
from the exercise of this doubtful power, and
leave the matter te be decided by the Su-
preme Court of tho United States And es
pecially SO, as the Democratic party i:
pledged to this course by the passage of the
Kansas.N ebraska Bill.


All that Judge Douglas asks is that Con
gress, in compliance with the agreement be-
tween the North and South in the Kansas
Nebraska Bill and the Repeal of the Missouri
Restriction, shall refrain from all Legislation
on the subject of slavery in the Territories
No matter what the powers of Congress may
be, that body is pledged by the Democratic
majority which ruled it in 1854 to NEEDLE
with the question of slavery in no manner
whatever The Territorial legislatures may
do what they please-su1ject alone to tn,
Constitution of the United States, the inter
pretation of which instrument is to be left tc
the Supreme Court of the United States,-
and Congress is in no manner whatever to
meddle with the question. 1t is not for Con-
gress to touch the subject at all, hut for the
Tribunal of last resort in the Nation.


This is the position of Judge Douglas, and
it makes but little difference what viewsmay
be entertained either as TO the power of Con-
gress to pass a slave code or as to the power

of Territorial legislature to pass law
against slavery; the position of Judge Doug
las remains as the only position which sounC
policy can assume in the existing exigencie'
of affairs.


Since the Democratic party is pledged tC
non-intervention by Congress in the domestic
affairs of Territory, why, let the party be
true to its pledge, and, if Congress ever does
interfere, let it be at the will of any other
party in the Union than the party which has
declared its undying hostility to Congress
sional Intervention with the subject of sla
very.


So long as the Supreme Court of the Uni
ted States possesses the power to decide upon
the constitutionality Of laws which are passed
either by Congressional or Territorial au-
thority, there is no danger that popular SOW
ereignty in the Territories will produce an.
evil. The check of the Federal Judiciary
always at hand, and it is impossible that
solitary right ofan American freeman shoul
be trampled under foot


And again, it is safer to err on the side o
popular sovereignty, on the side of the righ
of majorities to rule, than on the side of arbi
trary power, absolute authority, and cen
tralization Of power in the hands of the G en-
eral Government