The Pittsburgh post. (Pittsburgh [Pa.]) 1859-1864, October 28, 1859, Image 2

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::.: 15
the Path) Poot.
There was a time when the " old Gazette"
was regarded as a truthful paper, but those
who now have the control of its columns,
have utterly taken away its ancient prestige.
There is no paper in the State which now
makes assertions with greater recklessness
or disregard for facts. In its issue of yes
terday, the' Gazette says: "THE Posr, and
kindred sheets are busy in pUblishing ex
tracd from speeches of Phillips, Garrison,
and men' of the Abolition party, and falsely
attributing their sentiments to the Republi
can party."
As far as THE POST is concerned, this is a I
bare-faced falsehood. In our paper of Mon
day, we gave extracts fro= the public
speeche.s and writings of a large nuinbin of
leading men. of the Republican party, to
prove that their doctrines and teachings had
a direct and treasonable tendency towards
the dissolution of the Union, and that, as a
party, the Republicans were justly held re
sponsible for the treasonable and murder
ous outrages recently committed at Harper's
Ferry. The list of-proofs was a most dam
ning one, and the Gazette writhes under the
testimony which it cannot deny. We have
judged the Republicans out of their own
mouths; and it is no wonder that the Gazette
wishes that the record should be blotted
out. Butthere it is, andthere it must stand
The mendacity of the editors of the Ga
z4te consists in the charge that THE Posr
published " extracts from speeches of -Phil
lips,Garrison and other men of the Abolition
party, and falsely attributed their senti
ments to the Republican party."
THE Posr published no extracts from any
speech of Phillips, garrison, Giddings, nor
any other Abolitionist, to sustain its position
in charging lawlessness and treason upon
Republicanism. The editors of the Gazette
are,bold in their mendacity, for the proof
of it is at hand.
In our paper of Monday, of the preset',
week, these extracts were published. Here
is a list of their authors. We gave the words
of Dr. Cutter, a Republican orator, in 1856,
at Montpelier, Gen. James Watson Webb,
a Republican leader in the Philadelphia
Convention, Horace Greeley, Josiah Quincy,
Horace Diann, Mr. Banks, the present Re
publican Governor of Massachusetts, Mr.
Burlingame, a Republican Congressman.
Abraham Lincoln, of Illinois, Senator Wil
son, of Massachusetts, Senator Wade, of
Ohio, Senator Sumner, William H. Seward,
Henry Ward Beecher, Rev. Andrew F. Foss,
Rev. 0. B. Frothingham, W. 0. Douval,
Sittion Brown, 'candidate for Lieuthnant
Governor of Massachusetts, Edmund Quincy,
Hon. Erastus Hopkins, Hon. John P. Hale,
DaVid"Kilgore, of Indiana, Julius Rockwell,
of Massachusetts, Judge Spalding, of Ohio,
Mr. Dennison; Governor elect of Ohio, Red
path, a Kansas correspondent of the New
York Tribune, and another from the Natio4al
Era. This is the entire list. Are they Re
publicans, or are they not.? Whore is the
name tif Phillips, Garrison, Giddings, or
any other Abolitionist ? Does the Gazet,
mean to say that these men are not mem
bers of the Republican party, and that we
falsely attributed sentiments to that party
for which it is not responsible? It does
say so in the extract which we have quoted
for its assertion either means that all
these men are Abolitionists whom we have
quoted, and it is "false" to attribute their
sentiments to the Republican party, or it
means nothing at all. These men are the
known and acknowledged leaderof Republi
canism throughout the country. The Gazette,
astounded at these sentiments and the ef
fect which they must have upon the people
when calmly considered, falsely asserts that
Tar: Pil . sr quoted Phillips and Gar - risen and
other Abolitionists, and then attributed
their sentiment , to the Republican party.
It is ashamed of the record of Republican
ism as expressed by the great leading Re
publicans of the country. It cannot deny
the. record with truth, and so it boldly as
serts that we have quoted Abolition orators
and politicians. If such men as Seward,
Greeley, Banks, Burlingame, Spalding, Den
nison, and the others whom we have quoted
arenot Republicans, then, there are no Re
publicans, If they are Abolitionists, as the
Gazette asserts, then the whole Republican
party are Abolitionists. The Ga:ette falsifies
the fact in saying, that we published ex
tracts from Phillips, Garrisbn, and other dis
tinctive Abolitionists, and then acknowl
edge:Sthat it is ashamed of its own leaders by
denying that they are not justly attributable
to the Republican party. Its editors have
placed' themselves in a most foolish quandary
by their mendacity. How they sic to get
opt of it we do not see. They have falsely
charged -us with publishing extracts from
Phillips, Garrison and other Abolitionists,
which we did not do, and then says that the
extracts from Republican leaders, which we
did , pUblish, are falsely attributed by us to
the Republican party.
Look-at the list which we have given of
the authors, of the extracts which we pub
lished:lTlrte Gazette says they are not Re
publicans. Who and what are they then
Let the Gazette answer. If it cannot we. are
prepared to answer !Sr it.
On the 2.2c1 of February, 1856, a conven
tion was held at Lafayette Hall in this city
to organize the Republican party. The men
who were present and took active part in
that Convention we presume may be regard
ed—its 'Sinibrf plates. Now Giddings was
there, but;ti'bitihim we did not quote. Hor
ace Greeley was there, and from his, paper—
the Tribune—we extracted one of the sipti
rtients " which' the Gazefte says are "falsely
attributed to the Republican party." Thos.
43patit was there and he is the ,author of
att§ther'of these documents which, the Re
publican Gaulle disowns. Judge Spalding
of Ohio, was there; the man who said : "In
the . - Case of the alternative being presented
of-slavery-er- a dissolution of the Union, I
ataliie-DrsioveTioN, and- I care not how quick it ' s,
comes." Owen Lovejoy, of Illinois, was thete
and said on the floor of the, Convention that
"he had thought of offering Himself as a Cap-
taM in defence of Kansas, if wanted ; if
otherwise he would goes a private. IF HE'
if it Must be so." Passmore' Williamson
was there on - exhibition, as a hero who had
defied the laws of the land. Dennison, now
Governor elett of Ohio, was there, who said:
If I am elected Governor of Ohio—and I
expect to he—l will not let any fugitive be re
- , turned to Kentucky or any other slave Sta,t,o.;
nd'ill it in any other Wi
asi t ornkaander in chief of the military of the
Eta 3vlll employ the bayonet — so kelp me
God 1"
These and this kind of men made the lie
publican party. The Post and other journals
have wisely called the attention of the coun
try to the dangerous tending of their doc
trine. The Gazette stultifies itself by deny
ing the recorded sentiments of its party and
the men whenuide it. 'lts reckless charge
that we published what we did not pnblish,
is characteristic. Its denial of its party
creed, as fixed upon by the high priests of
Republicanism, it must answer to ileparty.
The Gazette claims the honor of having been
one of the originators of the Republican
party. Its editor was one of the Secretaries
of the Convention 911Fehuary 22d, 1856, at
which it was organized. He now denies the
work of his own hands. Side by side with
Giddings and Redpath and Lovejoy, et id
onve genus, he sat and helped to create a
platform of principles which leads to such
results that he now pronounces them none
of his, and none of the Republican party's.
Here we leave him suspended between Re
publicanism and Abolitionism, like Mahom
et's coffin.
OCT. 28
Popular Sovereignty in the Territories
..In Harper's Magazine for September I
published an article on the dividing line be
tween the Federal and local authority in the
Territories of the United States. Iffy sole ob
ject was to vindicate a principle to which I had
been committed for many years. and in connec
tion with which I had recently been assailed
with great bitterness and injustice, by a fair
and impartial exposition of the subject, without
assailing any person or placing any one in a
false position. A few weeks afterwards an
anonymous review of my article made its ap
pearance, first in the Washington Constitution,
and subsequently in pamphlet form, under the
following caption : ‘. Observations on Senator
Douglas' views of Popular Sovereignty, as ex
pressed in Harper's Magazine for September,
I Sett."
Instead of replying to the well-known
propositions which j had so often announced
and defended in the Senate and before the
country for the last ten years, and which were
embodied and expressed in Harper's Magazine
for September, the reviewer deemed it consist
ent with fair dealing to ignore my real views
as expressed in the article to which he pro
fessed to reply, and attribute to me opinions
which I had never entertained or expressed on
any occasion. When the pamphlet containing
this perversion of my opinions NMI first placed
in my hands, I at once pointed out sonic of the
most obvious and palpable of those misrepre
sentations, and denounced them in emphatic
and indignant language in a speech at Woos
ter, Ohio.
Here I was content to let the matter rest,
l W and allow the public to form an impartial and
unbiased opinion upon the real positions
which I had assumed in Harper's Magazine.
without any reply from me to the legal argu
ment which the writer of the anonymous
:pamphlet had made in opposition to my al
leged views upon a political question.
On the 6th of this month, however, the same
newspaper contained an appendix to this
pamphlet, in reply to so much of my speech
at Wooster as pointed out and denounced the
misrepresentations of my views as express
ed in Harper, and announced Judge Black,
the Attorney-General of the United States,
as the author of the pamphlet and appendix..
'Since the Attorney-General of the United
States has thus avowed the authorship of these
assaults upon me, and flooded the country
with them, with the view, doubtless, of giving
ail aspirants, expectants and incumbents of
office to understand that he speaks by -autliori
'ty" of those whose legal adviser he is, and that
they are all expected to follow his example,
and join in the crusade. I have concluded to re
ply to so much of his observations as are calcu
lated to obscure my real position, - by persist
ingly attributing to ino opinions which I have
never expressed, nor for a moment entertained
For instance, the firstact of inju-tics which
I pointed out at Wooster, and proved to be
untrue by undeniable facts, was his representa
tion of me as " fighting the judiciary;" com
manding the democratic party to assault the
Supreme Court of the 'United States ;" not
treating the court with "decent respect;" and
much more of the same tenor. All of which
was calculated to convey to those who might
riot happen to know the contrary, the idea
that, "in Harp - 7'x Maga_7lne for September,
1555," I had assaulted, traduced, and inde
cently treated the Supreme Court of the Uni
ted States on account of their decision in t3he
Dred Scott case' It was shown in my sperlch
at Wooster that all these representations were
pure inventions; that I had not written nor
spoken one word in Harper or elsewhere in dis
paragement of the court or its decisions ; that
every reference or allusion to the court and its
decision was in respectful terms of unqualified
approbation; that in several places in the Har
per article I not only endorsed, but largely
quoted from the Dred Scott decision in confir
mation of my own views , that I had made
more speeches in defence of the court in con
nexion with the Dred Scott case than any liv
ing man; that in the Illinois canvass last year,
when assailed by the combined forces of the
black republicans and the federal office
holders, under the advice of my present assail
ants, I defended the court in more than one
hundred speeches against their enemies and
mine: and, in conclusion, I defied the writer
of this pamphlet, and all others who are reck
less enough to endorse its statements, to pro
duce one word ever spoken or written by me
'disrespectful of the court or in condemnation
of its decision ! Well, Judge Black, for him
self and as Attorney General for my confed
erated assailants, has replied to my Wooster
speech in his appendix; and what has he said
on this point? What reply has lie made to
my positive denial of the truth of his allega
tions, and my demand for the production of the
proof? Does he repeat the charge and produce
the evidence to sustain its truth; or does he
retract the charge and apologize for the injus
tice lie has done me had supposed that
there was no alternative for a man of honor
but to do the one or the other ! Judge [flask
Iras done neither! Nor is his conduct less
exceptionable in respect to his allegation that
I advocate the confiscation of private property
by the territorial legislature, or that I have
alternately affirmed and denied that the Terri
tories are sovereign political communities or
States, or that the Jeffersonian plan of govern
ment for the Territories, which I alleged to
have been adopted, was in fact "rejected by
Congress," or that'd was attempting to estab
lish a new school of politics by forcing new ar
ticles into the creed, and nosartists of democratic
faith, in violation of the Cincinnati 'plat;
fdrim lt . is to be regretted that all political discus
sions cannot be conducted upon those elevated
principles of fairness and honor which require
every gentleman to state his antagonist's posi
tion fairly and truly, and correct any mistake
he may have committed inadvertently the
moment it is pointed out to him.
That I. am or ever have been in favor of the
confiscation of private property by the action
of a territorial legislature, or by any other
power on earth, is simply untrue and absurd.
Nor is there any foundation or excuse for the
allegation that I have over assigned as a rea
son for such confiscation that the Territories
were sovereign politicid communitl.
I have never said or thought that our terri
tories were soverign political communities, or
even limited sovereignties like the States of
the Union. Sovereign States have the nigh.
to make their own constitutions and establish
their own g o vernment, and alter and change
the same at pleesure. I have never claimed
these.powersfor the territories,nor have I over
failed to resist such 'Claim when set up by oth
ers, as was done by the friends of a State or
ganization in "New Mexico and Utah some
years ogo,and morerecently by the supporters of
the Topeka and Lecompton movements in
Kansas, where they attempted to subvert the
authority of the territorial governments estab
lished by Congress, without the consent of
' Con tress.
While, therefore, I have always denied that
the' territories were independent SoVereign
communities, it is true, however, that •during
the last ten years J. have often said, and' now
repeat my firm conviction, that the people of
thiterritories areentitled to all the rights,priv-
Sego and immunities of self-government in
respect to their internal polity • subject only to
the Constitution of the United States, The
Attorney General is 'unable to comPrehend
how the people of a dependant colony or terri
tory, can have any attribute or sovereignty
about them !" Sometimes actiVd can bemade to
comprehend a proposition which ho does not
understand,by presenting to hismind aaexam
ple which is familiar to him. sThe.American
colonies, prior Lo the revolution, presented thir
teen examples precisely in point. I c he Attor
ney General must be presumed to have read
the history of the colonies, and to be familiar
with these examples. The fact cannot be suc
cessfully controverted, and ought to be admit
ted, that the colonies did claim, possess and
exercise legislative power in their respective
provincial legislatures over all rightful subjects
of legislation in respect to their domestic con-,
cerns and internal polity. They enacted laws
for the protection of life, liberty and property;
and in pursuance of those laws, they deprived
man of life, liberty and property, when the
same became forfeited by their crimes. They,
exercised these high attributes of sovereign
power during the whole period of their colo
nial dependency ; and were willing to remain
dependent upon the crown and obedient to the
supremacy of Parliament in matters which af
fected the general welfare of the empire, with
out interfering with the internal polity of the
colonies. So with our territories. They pos
sess legislative power, which is only another
form of expression fbr sovereign power,over all
rightful subjects of legislation in respect to their
internal polity, subject, of course, to the Con
stitution of the United States.
But the Attorney General does not perceive
the analogy between the colonies and the terri
tories in this respect; nor does he recognize
the propriety of tracing the principles of our
government back through the revolution for
the purpose of instituting an inquiry into the
grounds upon which the colonies separated
from the parent country, and the fundamental
principles established by the revolution
as the basis upon which our entire polit
ical system rests. Such an inquiry - is deemed
mischievous, because it is calculated to disturb
the repose of those who hold that the territo
ries " have no attribute of sovereignty about
them :" that a " territory has a superior in
the United States government upon whose
pleasure it is dependent for its very existence,
in whom it lives, moves, and has its being;
who has made, and can unmake it with a
breath ;" that it is only a " public corporation
established by Congress to manage the local
affairs of the inhabitants, like the government
of a city established by a State Legislature;" and
that " there is probably no city in the United
States whose powers are not larger thanithose of
a federal territory !" The learned Attorney
General, having convinced himself, by the
study of that " primer of political science,"
which he claims to have "mastered," and
kindly commends to my perusal, that Congress
possesses the same sovereign power over the
people and governments of the territories that
a sovereign State has over the municipal cor
porations of all the cities within its limits, or
that the British Parliament claimed over the
American colonies, when it asserted its right
to bind them in all cases whatsoever, depre
cates all inquiry into the foundation of this
right, and especially into the mode in which
the claim was met by the colonies when it was
attempted to be enforced by George In. and
his royal cabinet.
The authority of the King's Attorney Gm.
oral, and the terror which his anathemas were
calculated to inspire, when supported by the
King and his cabinet, were not sufficient to
stifle the inquiry in those days. So long as
this right of local self-government was not
wantonly outraged, and its actual enjoyment,
practically obstructed by the action of the im
perial government, the colonies were content
with the possession and enjoyment of this sov
ereign power,without inquiry into its origin or
source. But the instant the British government
attempted both, as a matter of right, and in
fact, to deprive them of the "free and exclu
sive power of legislation in their several pro
vincial legislatures in all cases of taxation and
internal polity," a serious and anxious inquiry
was instituted into the origin and source of all
legitimate political power. The result of the
investigation was the disclosure of a fundamen
tal and irreconcilable difference of opinion be
tween the colonies and the British goverment
in respect to the origin and source of all right
ful political authority, which laid the founda
tion of our American theory of goverment in
antagonism to the Eurorpean theory. The col
onies contended, on the one hand, that the
power of telf-government was inherent in the
people of the several colonies, and could be
exercised by their authority and consent ;
while the British ministry insisted that the
King of England and his overnment were
the fountain and source of nil political power
and righiful authority in the colonies, which
could bo delegated to the people or withheld
from them at the pleasure of the sovereign.
Here we find the first practical assertion on
this continent of the American theory that the
power of self-government is inherent in and
emanates from the people in each State, Ter
ritory or colony, it, opposition to the European
theory that the King or Monarch is the foun
tain of justiee and the zom're of all legitimate
power. It is to be hoped that the Attorney
General will be able to comprehend the dis
tinction between these two antagonistic theo
ries, since our entire republican system rests
upon it, and the conduct of our revolutionary
fathers can be vindicated and justified only by
assuming that the European theory is wrong
and the American theory right. So long, I
repeat, as the British Government did not, in
fact, deprive the colonies of the power of self
government in respect to their internal affairs,
differences of opinion could be tolerated upon
the theoretical question in regard to the .source
of the power ; for the colonies were at liberty
to claim, as they did alaim, that they exercised
it of their own Inherent right, in conformity
with the royal charters, which only prescribed
the form of government under which they were
to exercise exclusive legislation in all cases
affecting their internal polity. While, on the
other hand, the Hilda' government could con
tend, as they did contend, that the colonies
possessed the power, not in their own right,
but as a favor graciously bestowed by the
crown. Practically it made no difference,
therefore, to the colonies whether the power
was inherent Or delegated—whether they pos
sessed it in their own right, or as a gracious
boon from the crown, so long as they were not
disturbed in its exclusive possession and unre
stricted enjoyment. So it is with the people
of the Territories. •It makes no practical dif
ference with them whether the power of self
government, subject only to the Constitution,
is inherent in themselves, and recoynized by
Congress in the organic act; or whether Con
gress possesses sovereign power over the Ter
ritories for their government, and has delegated
it to them. Whichever be the source of the
power, the result is the same so long as their
right of local iself-government is not invaded.
By the terms of the Kansas-Ntbreska act,
and, indeed of all the Territorial Governments
now in existence, " the legislative power of the
Territory extends to all rightful subjects of
legislation consistent with the Constitution of
the United States" and the provisions of the
organic act.
In the face of this general grant or recogni
tion of .• legislative power " over " all right
ful subjects of legislation," the Attorney Gen
eral tells us that the Territories '• have no at
tribute of sovereignty about them." What
does he mean by attribute of sovereignty?
" All legislative powers appertain to sovereign
ty." says Chief Justice Marshall. Every leg
islative enactment involve§ an exorcise of sov
ereign power: and every legislative body pos
sesses all the attributes of sovereignty to the
extent and within the sphere of its legislative
authority. These propositions are recognized
by the elementary writers as axiomatic princi
ples which lay at the foundation of all munici
pal law, and are affirmed in the'decisions of the
highest judicial tribunals known to our Constl
, tution.
What, then, does the Attorney General
mean, when ho says that the Territories'" have
no attribute of sovereignty about them !"
Surely he does not wish to be understood as
denying that the Samna Nebraska act, and the
organic act of every other Territory in exis
tepee, declares that the legislative power Of the
Territory shall extend to all rightful subjects
of legislation." Does ho mean to be under
litood as asserting that these several acts of Con
gress are all unconstitutional and void,? If
not, the Territories deitisinlY . have "legislative
Powers and therts hold that "all leg
islative powers appertain to sovereignty."
The fact is undeniable that it was the obvi.
one intention of Congress, as manifested by
the terms of these several organic acts, to re
cognize the right of the, territorial legislature
to, exercise those legislative powers which the
courts and jurists say appertain to sovereignty
over all rightful subjects not excepted, ner in
texidod bo,exeluded from those "rightful
subjects: legislation;'. for :Jim plain and un
erring reason that the fourteenth:section, of the
same Act protides ,4Lat it is• 4! the true intent
and moaning of this act nut to legislate slavery
into any Territory or State, nor to exclude it
therefrom, but to leave the people thereof per-,
featly free to form and regulate their domestic
institutions in their own way, subject onlyto
the Constitution of the United States."
" Slavery," then, was not intended to be ex
cepted from those "rightful subjects of legis
lation " but was the subject which was especi
ally "left to the people of the Territory to de
cide for themselves. The people of the Terri
tory were not only to " regulate " the institu
tion of slavery to suitthemselves tut were to
be left" perfectly free toform and regulate their
own domestic institutions in their own way."
:The people were to be left free to legisfate
slavery into any Territory," while they re
mained in a territorial condition, or to ex
clude it therefrom," and to '• legislate slavery
into any State," after their admission into the
Union, "or to exclude it therefrom" just us
they pleased, without any interference by Con
gress, and subject to no other limitation or re
striction than such as the Constitution of the
United States might impose.
The right of legislatiing upon the subject of
slavery, in tho Territories being thus vested
exclusively in the' legislature thereof, in the
same manner, and subject to the same restric
tions, as all other municipal regulations, Con
gress, out of an abundance of caution, imposed
a condition which would have existed even if
the organic law had been silent in relation to
it, to wit: that the territorial legislature
should make no law upon the subject of sla
very, or upon any other rightful subject of
legislation, which was not consistent with the
Constitution of the United States. This is the
only limitation or restriction imposed up
on the power of the territorial legislature
upon the subject of slavery; and this limi
tation would have existed in its full force if the
organic act had been silent upon the subject, for
the reason that the Constitution being the par
amount law, no local law could be made in
conflict with it. Whether any enactment
which the territorial legislature may pass,
in respect to slavery or any other subject, is or
I is not consistent with the Constitution," is a
jusliciel question which the Supreme Court of
the United States alone can authoritatively
In order to facilitate the decision of all
questions arising under the territorial enact
ments upon the subject of slavery especially, a
provision was inserted in the 10th section of
the Kansas-Nebraska bill, that -writs of error
and appeals from the final decisions of the said
supreme court, (of the Territory) shall be al
lowed, and may be taken to the Supreme Court
of the United States," without reference to the
usual limitations in respect to the value of the
property, "in all cases incolriny title to Jlaces,"
"upon any writ of habeas corpus, invoicing the
question of personal freedom " This peculiar
provision was incorporated into that bill for
the avowed and only purpose of enabling every
person who might feel aggrieved by the terri
torial legislation, or the decisions of the terri
torial courts in respect to slavery, to take an
appeal or prosecute a writ of error directly to
the Supreme Court of the United Suttee, and
there have the validity of the territorial law,
under which the case arose, and the respective
rights of the parties affected by it, finally de
termined. Every man who voted for the Kan
sas-Nebraska bill agreed to abide, as ice were
all previously bound by the Constitution, to re
spect and obey all such decisions when made.
in this form the Kansas• Nebraska bill became
a law. In pursuance of its provisions, the
legislature of Kenzie Territory have at different
times enacted various laws upon the subject of
slavery. They have adopted friendly and un
friendly legislation. They have made laws for
the protection of slave property and repealed
them. They have provided judicial remedies
and abolished them. They have afforded ample
opportunities to any man who felt aggrieved
by their legislation to present biscase to the judi
cial' tribunals, and obtain a decision from the
Supremo Court of the United States upon the
validity of any part or the whole of this legis
lation upon the subject of slavery in that Ter
ritory. No man has seen proper to present his
cas e to the court. No territorial enactment
upon this subject has been brought to the no
tice of the court- No case has arisen in which
the validity of these or any other territorial
enactments were involved even incidentally.
There was no one point or fact in the Dred
Scott case upon which the validity of a terri
torial enactment or the power of 'a territorial
legislature upon the subject of slavery could
possibly have arisen. In that case, so eitr as the
Territories were concerned, the oily question
involved was the constitutionality and validity
of an act of Cbiterree prohibiting slavery on
the public domain where there was no terri
torial government ; and the court in their decis
ion very properly and emphatically repudiated
and exploded the doctrine that Congress pos
eeeseS sovereign power over the subject of
slavery in the Territories, as claimed by Mr.
Buchanan in his letter to Mr. Sanford, and by
the republican. , in their Philadelphia platform.
The Bred Scott case, therefore, leaves the
question open and undecided in respect to the
validity and constitutionality of the various
legislative enactments in Kansas and New
Mexico, and the other Territories upon the
subject of slavery. Whenever a case shall
arise under those or any other territorial en
actments, effecting slave property or person
al freedom in the Territories, and the Supreme
Court of the United States shall decide the
question, I shall feel myself bound, in honor
and duty, to respect and obey the decision. and
assist in carrying it into effect in good faith.
But the Attorney General still persists in his
objection that the Territories cannot legislate
upon the subject of slavery fur the reason that
such legislation involves the exereise of sover
eign power. The Territory of New Mexico
exercised sovereign power last year in passing
an efficient code for the protection e t slave
property. Does the Attorney General Mill in
sist that it is unconstitutional? .\\hen he
shall institute judicial proceedings to test that
q uestion, I doubt not his friend Mr. Lincoln
will volunteer his services to assist bins in the
argument, in return for the valuable services
rendered him in the Illinois canvass last year
which involved this identical issue. Since I
have had some experience in defending the
right of the Territories to decide the slavery
question for themselves, in opposition to the
joint efforts of these distinguished opponents
of popular sovereignty, 1 run not sure that I
would not volunteer to maintain in argument
before the Supreme Court the constitutionality
of the slave code of Now Mexico, even against
such fearful odds.
But let us sae upon what subjects the terri
torial legislatures are in the constant habit of
making laws without objection from the At
torney General or anybody else.
The Territories are in the habit of enacting
laws for the protection of the life, liberty. and
property of the citizen, and, in pursuance of
those laws, they aro also in the habit of des
priving the citizen of life, liberty, and property,
whenever the same may become forfeited by
crime. The right and propriety of exercising
this power by the territorial governments have
never been questioned. What higher act of
sovereign power can any government on earth
perform than to deprive a citizen of life in o' es
diem's' to a law of its own making S If liberty
be deemed more sacred than life, it is only ne
cessary to remark that the Territories do, in
like manner, deprive a citizen of liberty by
imprisoning him for a term of years or for
life, at hard labor or in solitary confinement,
in compliance with the territorial law and ju
dicial sentence. Can anything abort of sover
eign power lawfully deprive a citizen of his
liberty, load his limbs with chains, and compel
him to labor upon the public highways or
within the prison walls for no other offence
thanviolating a territorial law ? The property
of the citizen is also seized and sold by order
of court, and the proceeds paid into the public
treasury as a penalty for violating the laws of
the Territory. If it be true that the Territo
ries " have no attribute of sovereignty about
them," the people of the United States have a
right to know from their -Attorney General
way he, as the highest law officer of the gov
ernment, permits, and does pot take the requi
site steps to put a stop to the exercise of these
sovereign powers of depriving men of life, lib.'
erty, and property in Kamm, Nebraelra, New
Mexico, and tine other Territories, under no
other authority than the assumed sovereignty
of a territorial government? It is no answer
to this inquiry to say that the sufferers in all
these cases had forfeited their rights by their
crimes. Illy - point is that it requires sovereign
power to determine by law what acts are mem
inal—What shall tie the punishments--the con
ditions upon which life may be taken, liberty
restrained, 'and property forfeited. This-sov
ereign power in the Territories is vested ex
clusively in the territsrial legislatures—Con
gress-never having assumed the right to enact
a Criminal code for any organized Territory of
the United States.
The territorial governments are also in the
habit or imposing and, collecting takes on all
private property, real and -personal, within
their limits, to pay the:expenses incident to the
administration of justice and to raise revenue
for county, town, and city purposes, and to de
fray such portion of the expenses of the terri
torial government as are not paid by the United
Stela.; and in the event that the owner refuses
or fails to pay the assessment, the territorial
authorities proceed to sell property therefor,
and transfer the title and possession to the pur
chaser. The only limitation on the power of
the territory in this respect is the proviso in the
organic lavi, that 4, no tax shall be imposed
upon the property of the United States ; nor
shall the lands or other property of non-resi
dents be taxed higher than the lands or other
property of residents." This exception and
qualification in respect to the property of the
United States and of non-residents is conclu
sive evidence that Congress intended to recog
nize the right of the territorial government to
exercise the sovereign, power of taxation in all
other cases. Will the Attorney General inform
us whether the taxing power is not an attribute
of sovereignty ? And whether he intends by
construction to nullify so much of the organic
acts of the several Territories as recognize their
right to exercise their power of raising revenue
for territorial purposes. It is important that
the citizensof the United States—non-residents
as well as residents of the Territories—should
know whether all of their property in the Ter
ritories is exempt from taxation or not. In the
classical language of the Attorney General,
this " legislative robbery," which can alone
proceed from sovereign power, should not be
permitted to go on, if it be true that the Ter
, ritories" have no attribute of sovereignty about
The territorial legislatures are also in the
habit of creating corporations—municipal, pub
lic and private—for counties, cities, towns,
railroads and insurance offices, academies,
schools, and bridges. Is not the power to ere-
ate a corporation an "attribute of sovereignty?'
Upon this point Chief Justice Marshall, in de
livering the unanimous opinion of the court,
once said : "On what foundation does this ar
gument rest" On this alone ; that the power
of creating a corporation is ono appertaining
to sovereignty, and is not expressly conferred
on Congress. This is true But all legislative
powers appertain to sovereignty."
Since it can no longer be denied, with any
show of reason or authority, that all legislative
powers appertain to sovereignty, the Attorney
General will be obliged to take shelter behind
one of the two positions—
Either that the Territories have no legisla-
tive powers, and, con.equently, no right to
make laws upon any subject whatever;
Or, that they have sovereign power over all
rightful subjects of legislation consistent with
the Constitution of the United States, as de
fined in the organic acts, without excepting
With all due respect, the first proposition is
simply absurd. It contradicts our entire his
tory. It nullifies the most essential provisions
of the organic acts of all our Territories. It
blots out the legislative department in all our
territorial governments. It leaves the people
of the Territories without any law, or the
power of making any, for the protection of
life, liberty, or property. or of any valuable
right or privilege pertaining to either; and
drives the country, by the necessity of the
case, to accept the Philadelphia republican
platform of 1851, "that Congress possesses
sovereign power over the Territories of the
United States for their government."
The second proposition, however, is in har •
mony with the genius of our entire political
p,tro, It rests upon the fundamental princi•
ciple of local self-government as laid down by
the continental Congress in 1774, and ratified
by the people of each of the thirteen colonies
in their severalprovincial legislatures as the
basis upon which the revolutionary struggle
WAS conducted.
It preserves the ideas and principles of the
revolution as affirmed in the Jeffersonian plan
of government for tha Territories in 1781. and
confirmed by the Constitution of the United
States in 1787.
It conforms to the letter and spirit of the
compromise measures of 1850 and of the Kan
sas-Nehraska act of 1554, and of all our terri
torial governments now in existence.
It is founded," as Mr. Buchanan said in
his letter accepting the Presidential nomina
tion, on principles as ancient as free govern.
inent itself, and in accordance with them has
'imply declared that the people of a Territory,
like those of a state, shall decide for themselves
whether slavery shall or shall not exist within
their limits. - What a happy conception,
then, was it for Congress to apply this simple
rule—that the will of the majority shall goy.
ern—to the settlement of the question of do.
ini , tic slavery in the Territories."—lnangirml
Addre...4 Pres"lcht Bi.chanah.
The reports from Now Orleans are unfavor
able to the Louisiana sugar crop.
Great excitement exists in Brownsville,
Texas, caused by the outlaw, Cortinas, who,
encamped near the town, vows he will burn it
down in case tho authorities carry out their do
termination to bung ono of his followers, who
had been tried and sentenced to death. The
riliabitants are flying the town.
The legal proceedings in the case of the tllli terminated at Now Orleans on Tuesday
in the discharge of the defendants.
From Nebraska we have the announcement
of election frauds and ballot box stut➢ng on a
par with the notorious swindles perpetrated in
Oxford and Kickapoo districts in Kansas.
Also of the discovery of a band of robbers
there among whom the ex-Speaker of the Ter
ritorial Legislature, and an ex-Sheriff, held
prominent positions.
The Minnesota Mining Company has de
clared a dividend of $4 per share, payable on
the first of November. The sales of last year's
product being now closed, the ascertained net
earnings or profits for 1858 (estimated in last
report at $10,000) are $20G,000, the whole of
which has been realized in cash. The surplus,
after paying the present dividend with that
disbursed in May, is $26,000.
IFor the Pittsburgh Post.)
1 send you for insertion an exact copy of a
letter from Alexander J. Dallas, subsequently
Secretary of the Commonwealth, under Thomas
McKean, Governor. It is dated 21st Novem
ber, 1799, and independently of the value I
place upon the original as an autograph of the
distinguished writer, it furnishes a singular ex
ample—at least rather singular in our present
office-seeking days—of the tender of a high of
fice unsought for and unexpected by the ap
pointee. It also possesses an additional inter
est frOm the circumstance that an attempt has
recently been made by a writer of pretended
history, to fasten upon the reputation and name
of H. H. Brackenridge, the odious epithet of
the "Insurgent Brackenridge." By this letter,
we see that Thomas McKean, one of the purest
patriots of his day, and ono of the Commission
ers of the Government during the Western
Insurrection, and who as such bad the best op
portunities of becoming acquainted with the
motives and services of H. H. Brackenridge
during that dangerous affair, availed himself
through Mr. Dallas, at the earliest opportunity,
to tender to my father the situation on the Su
preme Bench, which he accepted and filled with
acknowledged ability. Chief Justice McKean
was elected in October, 1799, to be Governor
from the 3d Tuesday of December ensuing, and
so prompt was he to signify his opinion of the
services and talents of the " insurgent Brack
enridge," thatlie tendered him the Judgeship
almost a month before his own inauguration
could take place. Comment is unnecessary.
If Mr. Brackenridge was the "insurgent," as
pretended, Governor McKean, in thus honoring
him, must be received as no better than an ac
cessory after the fact, a conclusion altogether
absurd. Yours, &c.,
Dear Sir—l wish
: you would inform me,
confidentially, by the 'next posf, whether a
Commission, as an Associate Sudge of the Su
preme Court would bo acceptable to you? If
your answer is in the affirmative; meet'me st
Lancaster on, or before, the lith of December,
by which you will be' enabled to take your
seat during the Term. Whatever answer you
give, let the matter rest entirely between our
selves for the present. , Direct to me at Lan
caster. lam with great regard,
Dear Sir,
A. J. Daties,
Phil., 21st Nov., 1799
Direction: -
H. H. licks, Esq.,
Pittsburgh, '-
We commence this mording the puOcatqa,
of Senator Douglas' moSt able, 'logietd and
convincing argument, stislaining his original
position on the grestquestion of pdpular , sover-
eignty, in reply to Jiidge - Illack._ As a ppliticid
paper, it has rarely been equalled, and as a
sound and solid argUthent„ it is forcible, correct
and unanswerable. Every man in the country
should read and study it, and lay it by_for_ fu
ture reference. The article will be published
entire in our Weekly of next week.
From Lake Superior.
The screw steamer,Northern Light, Captain
Spaulding, arrived from Lake Superior on
Wednesday. She left Ontnnegon on Satur
day. The North Star left there on the , same
for Superior City. The Mineral Rock was at
Ontonagon. The Illinois and Montgomery
were at - anchor under White Fish Point.
ISlOnday morning saw schooners Cliallinge and
Miami. on Lake Huron; bound down.
The weather was extremely rough. There
were nine inches of snow at Marquette.
The Light brought over one hundred tons of
copper from the Isle Royal, Pewaubic, Cen
tral and North West Mines; !fifty-one barrels
cranberries, fifty packages fish, some furs, Bsc.,
and ono hundred and twenty-four passengers..
She will return in a few days, making her last
trip for the season.
In Nebraska, Eastbrook, the Democratic
canaidate for delegate to Congress, has been
elected. The Legislature is largely Demo-
I Believe It Saved my Life."
JACOB .Wooszze, of Bush Creek, New Se
wickley township, says:
For two years I 'stiffer-ad the Vertigo, Nausea and
Headache, attending Dyspepsia, sometimes an severely
as incapacitate me for any effort—at others, to confine
toe to my bed. My bowels were often so constipated as
to oblige me to use the most powerful prirptlves to re
lieve myself. Indeed. lat last fotind it use
something of the kind constantly, Last fall I commenc
ed using B ICIR If AV E'S HOLLAND BITTERS,and fonnd
it just what my case required. I cannot recommend It
tool e gghly, for I believe ,t carat m y life/
R . • • •
Onrefu/ly.— The Genuine highly Concentrated
Bo3rhave's Holland Bitters is put up in half pint bottles
only, and retailed -at one dollar per bottle. The great
demand for this truly celebrated 'Medicine bps Waved
many imitations, which the public should guard against
purchasing. Beware of imposition I See that our name
Is on the label of every bottle you buy.
BENJAMIN PAGE, Ja. CO., Sole Proprietors, No.
7. Woal,between First and Second sta., Pittsburgh.
SPIV 311vertistments.
(sucer.sson TO L. WILCO - I'o
Cor. stnitanola and F ourth St.,
Fieeeps constantly on hand. a choice assortment of aT
erything in the Drug line of business.
iss.. Particular attention given to Compounding Pre
seri nous.
Yellow Flannels,
Red Flannels ,
White Flannels,
Welsh Flannels,
Blue Flannels,
Grey Flannels,
Blue Canton Flannels,
Brown Canton Flannels,
Slate Colored Canton Flannels,
Unbleached Canton Flannels,
Bleached Canton Flannels,
A Large Stock of the above
Goods at
J. P. SMITHS, Agt.,
- Between Fifth and Diamond
Elbocoff and Pilot
o - ,- E , lra . <3- S ,
Fancy Mellow and Coatings,
Fancy Casslineres, &c., &c.
air The above we will make to order at moderate
oet. NO. 83 WOOD STREET.
Glove, Calf, Morocco and
Not 31 Fifth Street,
011 Cloths, Druggets, Matting,
1 - 10011, MATS, RUGS, and a general as
sortment of
Old Carpet Warerooms of
No. 1 in Market street, Pittsburgh, Pa.
CHASERS. oct24
WINTER CLOTHING, of all kinds,
All hinds of Furnishing Goods, at
Kid Top Button Boots,
QIMON JOHNSTON, (Successor to 11;
17 Wacox,) corner snicaretid Ind 'Fourth ale, keeps
constantly on hand, a carefully , selected; stock, of
S PURE DRUGS AND cifEVICALS, ,Perniuirory. Oils,
BF - Alrel/ObOtt Tarptztine; Patent
m edic i ne ., p are Liquor?, negate; dc., all of whiell he
offers ~s eratclaas goods, atlowest_pirices. Prescrip
necnrately corn • .anded ararticurs. _ 0,128
COMFORTABLE tfci4ftd=s-131T61: House
pt. qslMra tiarkits. diniwroam kitchen and; bed-rtiorna , baXertovefr, 'llo=l, an. - Alsb's Frame
House, of thrtetr9olPa i lo lots , of gleuacLaiieh 20 feet
front on Ann etreet, Ate telY,ttitningCUreugh to Lea
13? ' • Mit a
lYg - l fbUeb liTrS6SP -
Real Estate Agents; al Market
On SAPIRDAY EA T E.NING, October - 29th at seven
o'clock, sold, by order of achiskiistrisfois, at the
. 49tne,„fip,Wiftls street, a. ,obest of earperk
tarsPro4ieeesprlang •foll:asbe sittirkt:fair.ooadi
tion. Also a quiatity fiatint.SiOn: Moss arid
Bound Files..... - -
eittßS • -• • antiet
Ncirember Bd, at 8 o'clock,V3l bar
sold at ~A~YpASI 54==ttlit=
coneerp-threatut ri louph (PAP itzol Men 888,
.111.,11ALE—Corner Market and Flrst street; 40 feet
front on Market, with two large brick buildings; will be
sold on easy terms by
oct2B F. CUTHBERT A SON, 21 Market street
A ,HOUSE. AND LOT FOIL $7OO, situate
'oil Reber...ea street, Allegheny% A Brick House,
and Lot, on Allegheny avenue, for $9OO. For bargains
in Rest Estate, call at,4l Market street:
oetSl S CUTETBERT t SON, Real Relate Agts.
UTTER.--14 kegs choice packed Butter,
just reoefrodard for pole by
oct2B corner Market find First streets.
APPLES.-64barrists:ehoice Green Apples
just received and for sale by
oct23 Corner Market and First streets.
I,lfor Gents. Also, lino Broehe, Chenile and Woolen
Shawls to suit Ladles and Misses.
oet2S C. HANSON LOVE. I'4 Market street..
HICKORY NUTS.---100 bushels received
and for sale by
IME —l5O bhls. fresh, for sale by
Lotter and Cap Paper; Bonnet.Boardg, &c., for sale
merchants as low as can be bought in the city.
in Wend Meek, near Fourth-
gI2IIANAGS FOR 1860—Just published
: by(octM] J. R. WELDM.
DIARIES FOR 1860-40 different varie
ties, for sale by dozen or singly. ,
For Ornamental Writing tsls}
" Plain Writing_ 10. Time unlimited
Writingand Rook•Keeriing..
No extra charge for those taking scholarships for.
Grammar, etc.
In consequence of numerous applications the follow
ing charges will be made:
Classes in Arithmetic. t Mental and Practical, and also
in Orthography 'and 'Grammar.) are regtilitrly conducted
by the Principal. _ And a new feature in this College,
also every requisite andimportant one, will be„"a thor
ough Commercial Mercantile Correspondence, "—thus
enabling the studentto commence business in a correct
and systematic manner, on his leaving College. This
desideratum cannot be too highly estimated. A new
publication on this subject will shortly be published by ,
Leithead &Shaffer.
Good boarding at $2,50 per week.. Birmingham Ferry
free for students. Entrance atany time. For specimens'
of Writing, enclose two postage stamps,and address,
G. H. LElTHEAD,'Principal
No. 92 Market St
FL E.lll I NG'S,
Corner Wood atid Sixth streets
No. 31 Fltth street
Received at
No. 31 Fifth street
HENRY H. couarta
lIEESE--150 boxes received by
48 Public Landing,
College .Hall, Diamond Birmingham.
Writing, (stone,) tbrae - months,....
" si x
Coal Miners Wanted.
NERS wanted, by the Northern Gas, Coal
and Iron Company, of Lasalle, Illinois. The rein is six.
feet thick. We pay CO cents per ton for mining. The
mine ii perfectly dry and clear from water. Tamale is
situated 100 miles south of Chicago, on the Rock bland
and Illinois Central Railroad. Fare from Chicago .V.,50.
oetllGm EDGAR LOOMIS, Superintendent.
No. 80 Fifth Street
the proprietors have determined to close out their
entire Stock of BOOKS, STATIONERY, Le.,To accom-.
pliah it more rapidly, we will give a presen (in Books,
Stationery and Jewelry) from 25 cents to $5O, , WITH
EVERY BOOK PURCHASED, or to parties not wishing
Gifts, we will make a reduction of *25 cents on each dol
lar's worth purchased.
Every Book is numbered and registered with theailt,
opposite, 550 worth of Gifts being given with every $lOO
worth of Books. Our stockwill be found the most com
plete and extensive in the city, and all purchased ex
preasly for this market. -
Persons ordering from a distance will send the post
age, (to forward the Book additional,) which is—
For $l,OO and 51,25 800k5,...... 0 1 Cents each. -
When a number of Books are ordered together, they
cam be forwarded by express cheaper than by mail, and
in that case the additional price need not be sent-
Every book is sold at the PUBLISHER'S LOWEST
to each purchaser.
P4.-v.fs 4. CO,l
1i0..0p - FIFTH ;ST.
we have determined to close out our very large
and well assorted stock of Stationery, atNo.6o Fifth it.,
AT COST, comprising—
Blue and White Congress, Legal and Bill Cap Papers.
Blue and White Commercial Letter, Letter; Commer
cial Note, Ladies' Bath: Ladies' Letter and Note Papers.
Superior White, Buff and Opaque Envelopes. •
*Arnold's and David's Writing Fluid:
Arnold's and Wagner's Carmine; DaTid's and Clark's
Branding Ink..
Mucilagne, Sealing Wax and Wafers. -
Blank Books, at 13,15, 20 and 25 cents per
Pans Books-4,11 kinds.
Doe% 13.onds.11fortgages, Declarations, Promissory
sotea lnk Stands, Writing Desks, tilit.S.9, Checker-Alen,
49'Call soon, and examine the stock before the as
sortment is broken.
No- GO Fifth street.
75 Market Street,
Black Velour Reps Black Gross Grain Silks.
Mousline Venitiennes,
" Cashmeres, ' " Gross d'ficosse.
m er inee..a, " • Patent boiled elks,
• 0 Satin de Chines, " /sisal
" Bombazines, ‘"
~.Fmglish Crapes,
Alpine Cloths; " Crape Collars,
" idohait•Lustres," • Sleeves, •--
Pa:mates.- "
" •
" Thibet t long shawls! Gloves.veils,
The La* Partn erstu heretofore existing between
J is H. HAMPTON axid - EDWIN H.STOWE has beta
dissolved by rautnal consent.
JOHN IL HAMPTON has taken offices in Kutua's Law
Budding. on Diamond street, below Omit.
E. H. STOWE will remain - in the office, No. MS Fourth
susT RECEIVED from
To which ht-asks the attention of purchaser% and the
public generally.
.10.111§1 11; DIELI,O4„
• rBELTING.7-. •
T'man - afar:tare Itratint Attar=
,liturrsti t V . new
process, of' superior strength to any- heretothrermade,-
and at less than halfthehostof Leather. ThinCompani,
are also the exclusive manufacturers, " under Good
(lairgeluid - small,) &e-. &e. -For sale at all the
Toy and .laney Stores in the Union-. Catalogues and
Price Lists (by the ease only) forwarded, pp applicat i on ,
by lettet to the "lirrer: TO Rustle s ' Coz?ettr, _ 4Ss ltlerty
greeoThe rerk- -" • - - .oetlfelna
TEE uti - p.BRSEMD takes this method
of infomtag.the plablio, that he has now in. press,
a' 'work entitled' the"Pittsbutgh Mad' Mow' Route
Boole' The my intenVon to isshe tetillftsand s,
whictreilkbai damtlitthd all 210, 0 g the: a ttithart , "Th ,
Wayne sad:Chimp Ranted, and wilt xy_p_resentedsto be sold every
triwrisztoßwila The'
pfilalloi &bent The T Mffil. of It
saillientitasairsts,acktruPed teAQ,..feataigkosslof
Pitteltaratag Post, will "CA, PUMP , ..9p...
".41101Z. -
~...... 000soII