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About The Oregon statesman. (Oregon City, O.T. [Or.]) 1851-1866 | View Entire Issue (Dec. 27, 1859)
Stlfii f vf i i ii i viiii VOL. 9. NO. 42. SALEM, OREGON, TUESDAY, DECEMBER 27, 1859. WHOLE NO. 458. TO REV. Wttl.AZO Mil IT II. Kiitr AHnr rilhiire, in th rmmtv of linn. In Orr"n tit at fthnnk tloiV that h's in), HVmot from the hnMle mill ilin of thin lil'n (Ksrept m with Hash and 'the rliipie' he niakea strife), 11 pit, tho lVlumou, in deep meditation, .And aiifhs, n he thinks of Hi hull of the nation. H" it thrrr, this strikinaty ptmntjv combination I Whom prido rnlmimttrs in a pnnrh compotntion, Of minintrr, lawyer, and statesman profound, The disciple of Vohairr, the man most unsound, In hi woull he- editorial ranriiv. And tvilm on" hi ptlf"rtr with mint like audacity. lit Vwocnrt" ia the lmt "intitntm" The cream ha rniiM-d, lo ohtnin ahwdntion Kor the trrw li nrt and rrimc 'gainst bi country and friend. Pitt tie tree, rrtoVed grown, ttot so rtisily bend ; And thonch he aver and avow that he will Yet a Senator be, and the function will fill. He ) dreitnnnit, meanwhile, of wiurarl of debasement AVith whirh he will -t a tried reined in aiunrenicttt ; Or of showing hi -.'. , like a true IVter Kimk, With the only exeeption that he (Smith) wa drunk. lint the "Lion ot Linn" i dune, piie of hi. ronrinir, And die nation's assembly be ll no longer be boriuir. In coucliwUm. IVhwion, iron seem to te prowling. And over a "mountebank" dinronily howlinir. Allow me, you cnr, pir, to inform yon politely, The style timt yon m lo rotiiidcV so tiijlirlv The author of which you wonld iirm:itie Vnuty," When trour nos i ever w ith "net of Hod" hai'y I bnl meant to deride ow, luiscrdl.le atmrtion, (Even Hlri will reject aueh a hi.lcons distortion !) And Kve to a 'truly tm-at" hrnt mt re attentintt Than ever deerviotf wn, or tnv iiitcntion. Your friend and expo, ent, I. Fr Lkwtixis, O. T. T. u uciazon intimnte tami publishes a pn vate letter of ours to make it so appear) that the public letter wo have confronted his hypo critical, suppliant appeal to men he has befoul ed with, were private ones, ami that w e published portions of them relating to public or political matters, lie knows timt the intimation is false that every- letter we thus quoted from was written fur publication.. IVIaznn falsely pays this is onr "way of doing bnsiness." Let ns give a truthful iusight into his "way of doing buMuess." The anonymous communications he lias sent ns for publication, have come w ith notes like the following: "At.BAxr, March 13, 1?37 ion win perceive tiist tnv communication is iened JfVron,' and dated at 'I'eutral 1. t.' I hat office w tli'tant From me onlv two miles further than Albany. The curious 1n.1v ens pect the popMiactcr over on the aiuiani, if thev cIhxvh to ! As to the statements contained in Jeffrrsnn V communication made on t!i authority of a member of the lejri.sl.-uure. of IotS, I would be eworu to their truth. Avcrv's threats were made to me. Del.vzox Smith." ith sundrj- communications, at another time, was the following : "ion will see that I write from 'Point no I oint, and date and sign variously. Yours, Df.lazos Smith." He is now tilling the Drlazonia with letters written by himself, "JateJ and signed various ly"1 dated Washington, Iowa, &c, und all parts of Oregon all devoted to the praise of Dclazon and the Delazonian. Tknt is hi "way of doing buine. C?" The following is a list of officers for Washington Division N'o. A't S. of T. I.tcattnl at the Libertv school house in Marion conntv : M. Small. W". P.: II. C. Small. W. A.; T. U. Heblmnl, K. Nelson IMitmmer. A. K. S.; T. W. Davenport. F. S.; F. Wilbur, T.; W. Ii. Dunbar. C; David McAlpin, A. C: K. Davenport, I. S.; F. I'. Kgmond, O. S.; T. II. Btackabv, Chas. and W. Cranston 1. W. 1. Rnh ha ehansd hi opinion in rvnrd to onr abili ties withui the a?t year. Lela zvntti n. Xo, he has not ; he never thought you to le possessed of judgment or dWretion ; you hud gab. Your mouth is your prominent feature. and the only one that expresses anything You slope both ways front that vour fore-head running back at an angle of forty-five degree. Phrenologists will tell you that there never was a head constructed on the inclined plane prin eivle charge! with brains. And vour candid friends will tell you you arc what is popularly termed a blatherskite. C.wr.n Is. The oiliee of iov. Stevens formerlv occnnietl bv the Kedster and llecciv- cr. bears cvilence of the severity of the gale on Saturday night lat. The forest about here having been considerably thined out bv clear ing or cutting the timher suitably for building purposes or cord -wood, those trees which re- inaiued standing had to bare the full brunt of the storm or euccomb to the gale. One of these, a majestic specimen of onr tall trees, full two hundred and tiftv feet in length, which had weathered time and defied the winds of centnrics, had humbly to submit to the ele ment. It fell as a sailor would say, " about mid-ships," and cut it to the ground as if a huge saw had pa.sed through it. lioth ends remain standing. Fortunately the building was not occupied. Olympia democrat. A Persistent Liar. Dclazon continue to reiterate the falsehood, that the paper contain ing " Harnhart's statement" was sent into "the bosom of his family," from the Statesman of fice. He had now better make an affidavit of it, " take it down to Lines, and swear to it, and thus add pcrjnry to his lying." Dclazon's fam ily knene that he lies alout this matter, and ev ery one who knows him knows that he w ill not scruple to lie upon any si Jo of any qucstiou wherein he is interested. riThe fatal end of Mr. Broderick' last duel brings to mind his remarkable escape from a duel which he fonght on the 17th of March, at Contra Costa, California. His antag onist. Judge J. Caleb Smith, son of Extra-HilTr Smith, of Virginia, was uninjured, but BroI erick received a bullet at one of the side pock ets in his waistcoat, where for the first and only time in his life he carried his watch. He start ed to the field with a new waistcoat, and on his way stopped at the jeweler's for his watch, which had been undergoing repairs. He then discovered for the first time that he had no watch pocket, and he therefore placed his timc- Jiece in the side pocket, where in breaking the orce of Smith's ballet it saved the owner's life. CP A correspondent writing from Lane Co., adds the following : P. S. I hear that Delazon talks and writes a good deal aliout his courage, and the lack of it in others. I am satisfied that, like all brag garts, he is an, arrant cotcard. A few rears ago. in this place, be was frightened half to death by threats of Mr. Latskaw, aud went over to to get out of town. He didn't behave, at any rate, like a man that had much aand, if he is 'descended from fighting stock.' Law. Mr. J. L. Collins has purchased the law library of Col. Xesmith, and has opened an office at Independence, Polk Co. See his card. Spcxkt. The editors of the New York Ex press received a threatening note from some of the shoulder-striking fraternity of that city. They replied : " OtSce hours from 7 A. M. to 3 P. M. All ready. Fighting editor at the door." DK1TII OF "OW J II." M'RKTt'lIED :ltOF A I.ITKntllV JTlAIV. Eldridire Gerrv Paiire, whose Patent Ser mom lr Dow Jr.," have been well known for many venrs to tho reading public was found dying in his bed on the night of the Utb Inst., by ofltcer Nickerson, who had been culled " to see nn unknown mail " breathe his last. The room where this once famous literatenr nerislied. was A wretched, horribly filthy npart meut, on the north side of I'aeilio street, three door east of Keantev. The bed on which Iiin ImhIv lav was a naked mnttrass, saturated with water. The walls were green with mould the lioor sickeninglv tlirtv. Iu tt comer was keg of spoiled pickled fish. Two tin plates. ami two hottles partlv tilled witli liqtmr, stood on the table. A Herman woman, living in the same house had come in, hearing nn unusual noise, to ntteud his last demands, and after suf fering strong convulsions for several hours he expired, and she closed his eyes. Otherwise, he w as unobserved and alone in his death. Mr. I nure, who thus miserably died, was a man of murk ten yearn ago, and the an nonce meut ot tits death will produce a sensation m literary circles, particularly in Now York, where everv old printer and newspaper attache Mien mm wen. lie was norn in iiicuneiu, Connecticut, some 44 years ago. lie stood long " at the case " in various printing offices m Aew orh Ix'lore startinar the Sunday Jler- rury ttirough which his " Pntent Sermons" first loiitul audience. I liese sennons at hrst were scow letl at by religious people, but very soon their quaint humor, exeulierant wealth ot illustration and sound practical sense, von a way Tor them into the " best families." Thev were tnillected in hook form, and met w ith a large sale, both at home and in Kngland. The younger Dow's odd conceits have ofteii inspired the earnest declamation ot clergymen ol more orthodox connections, than the Sundav editor nmfcased to be, and the whimsicalitr of his drvssinir-un ot many a serious thought has impressed it on munis w here solemnly uttered appeals round no lodiriiicut. F. Bulletin. Marriackh ix llu; it I.ikk. The natcnttt- tiotis nuptial of Miss Hart let t with t?ignor Ovi edo, the rich Cuban, is calling dou u on the parties the censure of the press. The fact is, from some cause or other, marriages in hieh life result rather ntiforttinatelv as a teneral thing. Hullioii and love reeiu to create as much trouble ns fighting rum. Kxpcriclicc tt ucIh s that the very moment a pair tit million aires become wedded, they take to exchanging smoothing irons with each other. The public lias not lorirotteu the notorious Mr. and Mrs. It 1 low Law rence, of Boston. Mrs. L. was the celebrated Louisville beauty to whom Mr. L. niurrii d. The wedding, it will Ik? rcincnilHT- ed, was one ol the most extravagant and non sensical allaim that ever came oil in this coun try. 1 he bridal chamber was not ouly luted up with regal magnificence, but was actually thrown open tor the inspection of the public from 10 to 2 o'clock, like a curiosity from ller- culaneum or n mummy from the pyramids, a fact that proved the vulgarity of the Ward fanulv in a stronger light than even the badly speft etters that thev were the authors ol. When Bigelow wou his wife, ho supposed her lilies and roses came from heaven, but it uriicd out that tbev catue from a neiukboriiig' tiruLT t-tore. I he discovery of thin tact, as might 1k supposed, led to unpleasant rcmou- st ranees, the result of all which was that Sal- " swore to God " to never use rouge any more, and kept her word lv using; " 1: reiich iMuk." Onr readers will remember that out of this bickering resulted a separation mid a di- orce the wnole followed by a codicil of Ctwr- responaence, that made one laiinly unhappy and another disgraceful. If millionaires would wed some seusilde girl with onlv one change of linen and crinoline, thev would have a larger crop of happiness and little ones. Let ns hope that Signor Ovtedo has secured aiTcction, if he as not good sense. Atbanw Knickerbocker. The Soai.p ok Cat.. Krkv IJecoverki. We were shown yesterday the scalp of Col. Llvy, who was murdered on Whidby's Island, by a party of Kakc Indians, in August of lt?37. The scalp is entire, with all the hair and cars. The t-kin is free from fleshy matter, appears white but slightly discolored with smoke. The ieautifuHy line silken brown hair is as natural as when struck down liy the ruthless tNtiahawk of the savage. It is another one of the sad mementoes of border life. The scalp is iu the Cieseseion of A. M. Poe Esn., of Olympia. W. -t. r. l.ir r.l.. i ., wno rcccivcti u iroin i apiam uouu, ot tue steamer Lahouchere, to 1m transmitted by him to the familv of the deceased. Captain lodJ is deserving of much praise for the paius he has taken to recover the melancholy relic. At one time in 16.V?. be was threatened w ith an attack upon the steamer by a powerful trilte. for mere ly asking the savages to sell luiti the scalp. Yet, n't discounted bv their hostile demon strations, he again sought out the Indians of the Make tribe, who live about 7o0 miles north of Victoria, who had it, on the last trip of the Lahouchere aud after much persuasion, and the payment of a liberal reward, succeeded in get ting possession of it. Captain Dodd was a warm friend aud admirer of Col. Ebey. Brit. Colonist. Xo Friexd op Washington Tiikrk. Gov. Seymour of Xew York addressed tho de mocracy of St. Paul, Minnesota, recently, and in the course of his remarks made a forcible and eloquent allusion to the fact that the Fa ther of his Country could have no friend in a black republican convention. Said Gov. Sey mour : " You have seen the great men of this re publican party go up to their national conven tions. Whcu the roll of Suites wf.s called, there vta.i no man there to speak for the State w here Washington was born ; there was no man to answer for the State where Jackson's ashes Hi; ; there was no man to respond when the land of Sumpter aud Marion was called. But how will it be when our next democratic convention is held 7 i ou will see there no stich spectacle as this. When we call the roll of States which compose this confederation, every commonwealth from Maiue down to young Minnesota, and still younger Orcgou, will attest the nationality of our party by the presence of its representatives. The Atlantic w ill shout forth to the l'acilic the great lakes to the gulf; and when wc shall nominate our candidate for the Presidency, the loud voices ot the representatives of the whole nation, will name the man w ho will administer the attain) for the next four years." The Broderick Fcseral Paceast. The funeral obsequies of the late David C. Broderick, Senator from California, were to have taken place in Xew York ou Sunday, 13th November. The line of procession was to have formed at 1 P. M., the right resting on the corner of Hudson and Christopher sts. The funeral oratory was to have been delivered at 4 P. M.. in the large chapel of the Xew 1 ork University. A letter from Senator Douglas, dated 31 st October, is published, excusing his attendance on the ground ot tue illness ot his wife. It savs : Xo man under circumstances so unpropitions ever established in that body a prouder and more enviable reputation in so short a period. His rigorous intellect, the frankness and sincer ity of his character, his resolution, purpose and restless energy, his fidelity to principle, to duty and to friends, commanded the respect aud ex cited the admiration of his associates. His sudden death will cast a gloom over the Seuate as it shocked and startled the whole country." ropn.AR kim kri'Hittv I TilK TKHItlTMMIKM. . ... ,t cru jtmiB uL,A k. uudiTst and, by presenting to lit mind an exam In Harpers' Magnrine for September I pub- pie which is familiar to him. The American lished nn article on the dividimr lino between federal and local authority iu the Territories of trie united Mutes. My sole object was to Tin- dicate a principle to nliich I bad been commit- ted for many years and in connexion with which I had rcceutly Iteen assniled with great I.:.. 1 :..! I r : , . iniienie nnu niiuHiice ur at iitir nnu tmimr- tiiil "I position of the subject, without assailing any person or placing any one in a false posi - tion. A few weeks afterwards an anonymous review of my article made its tippenmnce first iu the ashington CoasftVitfron, and sub- seiieutly in pamphlet form under the follow- ing caption: " Uhservations ou Senator Doug - , . , . . . . - , ias views oi popular sovereignty, as expn'sseu in Harpers' Mairaziiie fr September, lHoI)." Instead of renlviiig to the well-known nmpo- sitions w hich I had so ofien announced aud tie- fended in the Semite and before the country. for the lat ten years, ani which trere embodied and expressed in Harpers' Magazine for Sen- tember, the reviewer deemed it consistent with fair-denling to ignore my real views as express- liies. So with onr Territories. They possess leg ed in the article to w hich he professed to re- islative pow er, w hich is onlv another form of ex- ply, and attribute to me opinions which I had never entertaiucd or expressed on any occasion, v nen the pamphlet containing this perversion of my opinions wns first placed iu my hands, I at once pointed out some of the most obvious and palpable of those misrepresentations, and denounced them in emphatic and indignant luiigunge. in a speech at Voosler, Ohio. Here I was content to let the matter rest, ami niiow the public to lortn an impartial nun unbiassed opinion upon tho real posil ions which 1 had assumed iu Harpers1 Magazine, without any reply from ire to tho legal argument which the parent country, and the fudameiital print i the writer of the anonymous pamphlet had pies established by the revolution as the basis made in opposition to mv alleged views upon a upon which onr "entire political svatcm rests. loltiical auestion. On the titli of tins month, however, the snine newspaper contained nn appendix to this pain- t'liici, in repiy io so much oi my speech at (Mister as pointed out and denounced the mis representations til tnv views as expressed in Harper, aud announced Judge Black, the At toniey General of the United States, as the nil thorof the pamphlet and appendix. Since the 4 ........ i'.... .....I ..t .1... 1 f . . i. . ..iiioi vienciui oi nn- iiiicii ciaies lias thus avowed the authorship of these assaults upon me, aud HoiMled the country with them w ith the view, doubtless, of giving nil aspirants. expectant., nnu inciminciiu oi oiiice to under ... . I , m . , stand that lie sneaks " by nulliority " of those whose legal adviser he is," and that thev are all expected to follow bis example and join in the crusade. I have concluded to reply to so much of his "Observations" ns arc calculated to ob- scure my real position by persistinglv attribnt- ing to me opinions w hich 1 have never express- ei, nor lor a moment entertained. I " Fishting the Jtidiciarv.n I r or instance, the nrst act ot miustice which I I pointed out at Wooster, and proved to be mi- I claimed over the American colonies w hen it ns tri'.e by undeniable facts, was his representation I serted its rights to bind them in all cases what- ot me as fighting the judiciary ;" command ing the democratic part v to " assault the Su preme Court of the United States ;' not treat ing the court with "decent respect;" nnd much more of the same tenor. All of which w as calculated to convey to those w ho micht not Happen to know tlie eontrary, the idea that. . . . . . . i m Harpers' Macazme lor ."septemlHr. 1 .!, I had assaulted, traduced, and indecently treat ed the Supremo Court of the United States on account of their decision in the Dred Scott case ! It w as shown in my speech at Wooster that all these representations were pure in veil- I tions ; that I had not written nor spoken one word in Harper or t-lsew here in disparagement oft lie court or its decisions; that every refer- enee or allusion to the court and its decisions was in respectful terms of nn-iualilied approba-I tion; that in several places in the Harper arti- cle I not only endorsed, but largely tjuotcd from the Dred Scott decision i,i onlinnalion of my own views ; that I had made more speeches in defenco of the court in connexion w ith the Dred Scott cae than auv living man ; that in the II- I linois canvass last vear. when assniled bv the combiued forces of the black republican and I federal oltice holders, under the advice el my I present assailants, I defended the court iu more than one hundred speeches against their ene mies and mine ; and, in conclusion, I deped the writer of this pamphlet, aud all others who are recklcs noneti to endorse its statements, to produce one word ever spoken or written by me disresjH-ctful of the court or iu condemnation of people of the several colonies, and could be ex its decisions ! Well, Judge Black for himself ercised only by their authority and consent; and ns Attorney General lor my confederated w hile the British ministry insisted that the King assailants, lias replied to my Wooster speech in of Kugland and his government were the fotin bis appendix ; aud w hat has be said on this tain nnd source of all political power aud right point ! What reply has he made to my posi- fill authority in the colonies, w hich could be tive denial of the truth of his allegations, and delegated to the peoplu or withheld from them my demand for the production of the proof ? at the pleasure ol the sovereign. Here we find Docs he repeat the charge und produce the evi- the first practical assertion ou this continent of deuce to sustain its truth; or docs he retract the American theory that the power of set f tlie charge and apologize for the injustice he government is inherent iu and emanates from has done me ? I had supposed that there was the people in each State, Territory, or colony, no alternative for a man of honor but to do the iu opposition to the Europcnu theory that the one or the other! Judge Black has done neith- King or Monarch is the fountain of justice mid er! Nor is his conduct less exceptionable iu the source of all legitimate power. It is to be respect to his allegation that I advocate the hoped that the Attorney Geiieral will be nble confiscation of private property by the territo- to comprehend the distinction between these rial legislature, or that I have alternately af- two antagonistic theories, since our republican firmed and denied that the Territories are system rests upon it, and the conduct of our sovereign political communities or States, or revolutionary fathers can be vindicated aud that the JclTersoniau plan of government for justified only by assuming that the European the Territories, which I alleged to have been theory is wrong and the Aiuericau theory right, adopted, was iu fact "rejected by Congress," So long, I repeat, ns the British government or that I was attempting to establish a new did not, in fact, deprive the colonics of the school of politics by forcing new nrticlcs into power of self-government in respect to their the creed, nnd new tests of democratic faith, in internal affairs, differences of opinion could be violation of the Cincinnati platform. tolerated upon the theoretical qucstiou in re It is to be regretted that all political discus- gard to the source of power; for the colonies sions cannot Iks conducted upon those elevated were at liberty to claim, ns they did claim, that principles of fairness and honor which require they exercised it of their own inl.crcnt right, every gentleman to state his antagonist's posi- in conformity with the royal charters, which ou-' tion "fairly and truly, and correct any mistake ly prcscrilcd the form "of government under he may have committed inadvertently the mo ment it is pointed nut to him. That I nm or ever have been in favor of the confiscation of private property by the action of a territorial legislature, or by any other pow er on earth, is simply untrue nnd absnrb. Xor is there any foundation or excuse for the allega tion that I "have ever assigned as a reason for such confiscation that the Territories were sovereign political communities. The Territories, trithout being Sovereign Com munities, have certain Attributes of Sorer- I have never said or thonght that our Terri- ories were sovereign political communities, or even limited sovereignties like the States of the Union. Sovereign States have the right to make their own constitutions and establish their own governments, and alter and change the same at pleasure. I have never claimed these powers for the Territories, nor have I ever failed to resist such claim when set np bv others, as was done by the friends of a State onranizatiou in New Mexico and Utah some years ago, and more recently by the supporters of the Topcka and .Liecoinpton movements m Kansas, where they attempted to eu overt tno authority of the territorial governments estab lished by Congress, without the consent of Con gress. While, therefore, I have always denied that the Territories were independent sovereign communities, it is true, however, that during the last ten years I have often said, and now repeat my firm conviction, that the people of the Territories are entitled to all the rights, privileges, and immunities of self-governmeut, in respect to their internal polity, subject only to the Constitution of the United' States. The Attorney General is unable to comprehend how the ueonle of a dependent colony or Territory. can have any " attribute of sovereignty about I them !" HotnetimcB a child can be made to I . l.i.i. . .1 . . L.IMil,r(.neIiil n prnposniou unicii no uoen inn, colonies, prior to the rt . a4 presented thir- teen examples precLr. j . ;5lnt. "J lie Attor-...-a'd to have read ney Ucm-rnI must l I the history of the tC VRd to be familiar with these examples, fact cannot be sue I cessfiilly controverted, i. I . i . i I varht to be admits i ten, inni ine rnionm ) eMit. possess, nntl exercise leeislntive p' f r tlictr respective !; .rightful subjecta 1 provincial letrislaturea t I of legislation in res pert tt t "ir domestic con cents and internal nolity. They tnacted laws for tho protection or KtV, L" srty, and property j and iu pursuance of tiie laws, they deprived 1 men ol hie, liberty, ! "rtmerty, when the I . , . ,i same oecame lorieitea i I exereised theso high -1 ir crimeH. i hey ,nte of sovereign vj of their colonuil - remain depen- power during the w bolj I tlependeney ; and wen I dent upon 'the t'Mtc! . .4ient to the su prenincy of l'urliaioc at iu all matters which I affected the genera! welfare of the empire w ith out interfering with theinteraalpt!itr of thet'olo- pression for sovereign power, over nil rightful subjects of Iegi-lation iu respect to their inter Mini polity, suiiject, ol course, to the Coustitu turn of the United States. The Source of the Power of Setf-eorernment Jttit the A'tnriicy General does not perceive the analogr between the colonic and the Ter- ritories in this resH'ct; nor does he recognize the propriety of traeimr the nrim-inlcs of onr government Pack through the revolution lor the purpose of instituting nn inquiry into the grounds upon hich the colonies separated from I Such an iuiiuirr is deemed mischievous lie- I cause it is calculated to disturd the repose of muse who hold that the J erritones "have no I nitrtmite oi sovereignty uooiii mem;' Hint a Territory has a superior in tke United States covcrniticut uihiii w him nlcaatin it is iImipii. a, . i cut lor its very existence, iu whom it lives uiid moves and his it being; who has made and can unmake it with a breath;" that it is only "a uih!ii corporation established bv Congress to manage the local affairs of the inhabitants, like the tov. riimcnt ot n t-itv established bv a State Legislature ;" nud that " there is proW bly no city in the United States whose powers are not larger than those of a federal Territo ry !" The leartiel) Attorney General. Iiaviue convinced liimselt ly the study ot t lint " prim er of political science." which he claims to have " mastered." nud kindly commends to mv perusal, that Congress possesses the same silver eign power over the people ami governments ol the 1 erritones that a sovercuni Stale has over the municipal corporations of all the cities within its limits, or that the British Parliament sitcver. deprecnti-s all inquiry into the founda- lion of this right, nnd especially into the mode in which the claim was met" by the colonics when it was attempted to be enforced by George HI nud his royal cabinet. I bo authority of the Kins a Attorney tiene- ral. nnd the terror which Ins anathemas were calculated to inspire, w lieu supported by the King aud his cabinet, were not sufficient to stiile the inquiry iu those days. So long ns this right of local self-government was not wnntonlv outraged, nnd its actual enjoy meut prncticnllv obstructed lir lit' nation ol tlie tm- penal government, the colonies were content ith the possession and enjoyment of this sot cr eign power, without inquiry into its origin or source. Kut the instant that the Itritish gov- ermnent attempted, belli ns a matter of right and in fact, to deprive them ol the "free nnd exclusive power of legislation iu their several provincial legislatures iu all cases of taxation and internal polity," a serious and anxious in- ouirv was instituted into the oruriu aud source of all legitimate political power. The result of the investigation was the disclosure of a funda- mental and irreconcilable dilicreiice of opinion lietweeu the colonies ami the Kritish govern- meut iu respect to the origiu and source of till rightful political authority, which laid the found ation of our American 1 henry of government iu antagonism to the Knropean Theory. The colonies contended, on the one baud, that the power of self-government was inherent in the which they were to exercise exclusive legislation :.. .11 nr- .. . . . t . . 1 . '. in nn cases aiiecting ineir internal puiuy. While, on the other hand, the British govern ment could contend, ns they did contend, that the colonies possessed the power, not iu their own right, but as a favor graciously bestowed by the crown. Practically it made no differ ence, therefore, to the colonies whether the power w as inhereut or delegated w hether they Eossessed it in their ow n right, or ns a gracious oon from the crown, so long ns 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 differ ence with them whether the power of self-government, subject only to the Constitution, is inherent in themselves, and recognized by Con gress iu the organic act ; or whether Congress possesses sovereign power over tho Territories for their government, and has delegated it to them. Whichever bo the source of the power, the result is the same so long as their right of local self-government is not invaded. All Legislative Powers appertain to Sove reignty. By the terms of the Kansas-Nebraska act, and, indeed, of all the-territorial governments now in existeuce, "the legislative power of the Territory extends to all rightful subjects of leg islation consistent with the Constitution of the United States" and the provisions of the or ganic acts. In the face of this general grant or recogni tion of legislative power" over "all rightful subjects of legislation," the Attorney General tells us that the Territories "have no attribute of sovereignty about them." What does he mean by attribute of sovereignty? "-All legis lative powers appertain to sovereignty," gays Chief Justice Marshall. Every legislative en actment involves an exercise of sovereign pow er; and every legislative body possess all the at tributes of sovereignty to the extent and within the sphere of its legislative authority. These propositions are recognized by the elementary writers as axiomatic principles, which lay at the foundation of nil municipal law, and are affirmed in the decisions of the highest judicial trinunals known to our Constitution. What, then, does the Attorney General mean when he savs that the Territories "have no at tribute of sovereignty about them?" Surely he does not wish to be understood ns denying that no.- niiiMsuirnniKu uci, nntl me organic act of every other Territory in existence, declares that "the leg.slalive power or the Territory shall extend to nil rightful subjects of legisla tion." Does he mean to lie understood as as serting that these several nets of Congress are all unconstitutional and void T If not, the Territories certainly have "legislative powers ;" and the courts hold that "all legislative powers appertain to sovereignly." Slavery included in the grant of Legislative rmrer. The fact is undeniable that it w as the ob vious intention of Congress, as manifested by the terms of these several organic acts, to re cognize the right of the Territorial legislature to exercise tliuue legislative powers which the courts and jurists say apertniu to sovereignty, over all rightful subjects of legislation so tar ns the Constitution will permit ; aud that slavery was not excepted, nor intended to he excluded from those "rightful subjects of legislation," for the plum and unerring reason that the 14th sec tion id the same act provides that it is "the true intent and meaning of this act not to leg islate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and reeulate their domestic institutions in their oirn n-oy, suiiject only to the Constitution of the United States." "Slavery," then, was not intended to be ex cepted from those "rightful subjects of legisla tion," but was the subject which was especially left to the people of the Territory to decide for themselves, i he people or the 1 erntory were not only to "regulate" the institution of slavery to suit themselves, but were to lie left "perfect ly free to form and regulate their own domestic institutions in their own way." The people were to lie left free "to legislate slavery into any 1 erntory," while they remained in a territorial condition, "or to exclude it therefrom," and to legislate slavery into any State," after their admission into the I. moil, "or to exclude it therefrom," just as they pleased, irithnul any tnltrjertnce by t ongrtss, and subject to tin otii er iiimiitiion or restriction man such ns the Constitution of the United States might im tosr. The right of legislating upon the subject of slavery in the I crntorics being thus vested ex clusively in the legislature thereof, in the same manner, and subject to the snme restrictions. ns all other municipal resiilations, C.onrress, out of an abundance of caution, imposed a con dition which would have existed even if the or ganic law had been silent in relation to it. to- w it : That the territorial legislature should make no law rtpou the subject of slavery, or upon any other rightful subject or legislation, r-'iirft tr-is not consistent irith the Constitution of the United States. This is the only limita tion or restriction imposed upon the power of the territorial legislature upon the subject of laverv ; and this li iit:itioll would have existed m its full force if the oriranio act had beeu si lent upon the subject, lor the reason that the Constitution bein the paramount law, no local law could be made in conflict w ith it. Wheth er any enactment wktuh tlte territorial IcjiUhi lure may pass in respect to shivery or av other subject. ', or is nut consistent with the Consti tution," is a judicial question w hich the Su preme Court of the I. nited States aloue can authoritatively determine. Iu order to facilitate the decision of all iiues- tioi.s arising- under the territorial enactments upon tlie subject of slavery especially, a pro vision was insetted in the 10th set tion of the Kansas-Nebraska bill, that "writs of error aud appeals Irom the final decisions or the said su preme court of the Territory shall be allowed, and may lie takeu to the Supreme Court of the I nited Mates," without reference to the usual limitations in respect to the value of the proper ty, "in all cases incirlving title to starts,'1 nud upon any writ of habeas corpus, involving the question of personal freedom. this peculiar provision was incorporated into that bill for the avowed aud onlv purpose of enabling every person w ho lniulit feel aggrieved by the territo rial legislation, or the decisions of the territo rial courts hi respect to slavery, to take tin ap peal or prosecute a writ of error directly to the Supreme Court of the United States, and there have the validity of the territorial law, under winch the case arose, aud the respective rights of the parties affected by it, finally determined. Every man who voted for the Kansas Nebraska bill agreed to abide, ns we were till previously bound, by the Constitution, to respect and oln-y all sue 1 decisions when made. In this foim the Kansas-Nebraska bill became a law. Ih Hirstiaucc of its provisions, the legislature of ansas Territory have at different times enact ed various laws upon the subject of slavery. They have adopted friendly and unfriendly legislation. They have make laws for the pro tection of slave property and repealed them. They have provided judicial remedies and abol ished them, they have n Horded ample oppor tunities to any man who felt aggrieved by their legislation to present his case to the judicial tribunals, nnd obtain a decision from the Su mmit' Court of the United States upon the va idil v of any part or the whole of this legislation upon the subject of slavery in that Territory. iN o man has seen proper to present his case to the court. Xo territorial enactment upon this suii ject has been brought to the notice of the court. No case has arisen m which the validity of these or any other territorial enactments were in volved even incidentally. There was no one pointer fact in the Dred Scott ease upon which the validity of a territorial enactment or the power of a territorial legislature "upon the sub ject of slavery could possibly have arisen.' In that case, so tar ns the 1 erritones were con cerned, the only question involved was the con stitutionality and validity of an act of Congress prohibiting slavery w4he public domain where there was no territorial government ; and the court in their decisiou very properly nnd em phatically repudiated and exploded the doctrine that Congress possesses sovereign power over the subject of slavery in the Territories, as claimed by Mr. Buchauan iu his letter to Mr. Sanford, and by the republicans iu their Phila delphia platform. The Dred Scott case, there fore, leaves the question opeu and undecided iu respect to tho validity and constitutionality of the various legislative enactments in Kausas and New Mexico, and the other Territories up on the subject of slavery. Whenever a case shall arise under those' or any other territorial enactments, nffecting slave property or personal freedom in the 1 erritones. und the Supreme Court of the United States shall decide the question, I shall feel mysclt linuud, iu 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 for the reasou that such legislation involves the exercise of sover eign power. The Territory of Xew Mexico exercised sovereign power last year in passing au efficient code for the protection ot slave prim-1 erty. Does the Attorney tj.enerai still insist that it is unconstitutional nen no snail in stitute judicial proceedings to test that question, I doubt not his friend Mr. Lincoln will volun teer his services to assist him in the argument, in return for the valuable services rendered him in the Illinois canvass last year which involved this Indentical issue. Since I hare bad some experience in defending the right of the Terri tories to decide the slavery question for tin m selves, in opposition to the joint efforts of these distinguished opponents of popular sovereignty, I am not sure that I would not volunteer to maintain in argument before the Supreme Court the constitutionality of the slave code of rew .Mexico, even nirainst sucli leartuiouus. But let us see npon what subjects the territo rial legislatures are in the constant babit of making laws without objection from the Attor ney General or any hotly else. Protection of Life, Liberty, and Property. The Territories are in the habit of enacting laws for the protection of the life, Iiliertr, and property of the citizen, nnd. in pursuance of those fuws, they nre also hi the habit of depriv ing the citizen of life, liberty, aud property, wlieuever the snme may become forfeited by crime. The right and propriety of exercising this power bv the territorial troverniiienU have never been questioned. Wbat higher act of sovereign power can any government on earth perform than to deprive a citizen of life in obe dience to a law of its own muting ? If liberty lie deemed more sacred than hie, it is only nec essary to remark that the Territories do. In like maimer, deprive a citizen of liberty by impris oning him for a term of yenrs or for life, at hard labor or m solitary confinement, in com pliance with the territorial law and judicial sentence. Can anything short of sovereieu 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 lor no other onence than violating a territunallaw ? The property of the citizen is also seized aud sold by ortler or court, and the proceeds paid into the public trensury as a penalty for violating the laws of the Territory. If it be true that the Territories " have no at tribute of sovereignty about them." the peo- le or the L inted States have a right to know mm their Attorney General why he, as the highest law officer of the government, permits. and does not take the requisite steps to put a stop to the exercise of these sovereign powers I depriving men or life, liberty, and property in Kansas, Nebraska, .eir Mexico, and the other Territories, under no other authority than the assumed sovereignty of a territorial gov ernment ? It is no answer to this inouirv to say that the sufferers in all these cases had for feited their rights by their crimes. Mv point is that it requires sovereign power to dVtermine w v law wnat nets are criminal me coiuiiuona ou which life may be taken, liberty restrained, and property forfeited. This sovereign power in the Territories is vested exclusively iu the territorial legislatures Congress never having lined the right to enact a criminal code for any organized Territory of the United States. Poirer of Tarafion for Territorial Purposes. The territorial irovemtneuts are also in the habit of imposing and col'ecting taxes 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 ns are not paid by the Unit- d States ; and in the event that the owner re fuses or fails to pay the assessment, the territo rial authorities proceed to sell property there for, and transfer tlie title and possession to tue purchaser. The only limitation ou the power if the terntnry-iu this respect is the proviso in the organic law, that " no tax shall be imposed npon the property of the United States; nor auail funds r oilier property of uuu-mi dents be taxed hiirlier than the lands or other iropertv of residents." This exception and uitlificati(in in respect to the property of the nited Mates and or non residents is conclu sive evidence that Congress intended to recog nize the right of the territorial government to exercise the sovereign power of taxatiou in all ther cases. " ill the Attorney General in form ns whether the taxing power is not an at tribute of sovereignty ? And whether he in tends liy construction to nullify so much of the organic acts of the several Territories as recog nize their ri-'ht to exercise the power of raising revcuiie for territorial purposes. It is impor tant that the citizens of the United States non-residents as well ns residents of the Terri tories should know whether all of their prop city in the Territories is exempt from taxation or not. In the classical language of the Attor ney General, this legislative rtddwfy," which can alone proceed from sovereign power, should not be permitted to go ou, if it be true that the Territories " have no attribute of sovereignty about tlicni." Power of Creating Corporations. The territorial legislatures are also in the habit of creating corporations municipal, pub lic nud j rivatc for counties, cities, and towns, railroads and insurance offices, academics, schools, and bridges. la not the power to cre ate a corporation tin "attribute of sovereign ty ?" Upon this point Chief Justice Marshall, ill delivering the unanimous opinion of the Court, once said : "On what foundation docs this argument rest ? On this aloue ; that the power of creatiug a corpoiation is one apper taining to sovereignty, nnd is not expressly conferred on Congress. This is true. But ail legislative powers appertain to sovereignty." One of Two Conclusions Follows. Since it can no longer be denied, with any show of reasou or authority, that ail legislative powers appertain to sovereignty, the Attorney General w ill be obliged to take shelter behind one of two positions: Either that the Territories have no legisla tive powers, and, consequently, no right to make laws upon any subject w hatever : Or. that they have sovereign power over all rightful subjects of legislation consistent with the Constitution of the United States, as defin ed iu the organic acts, without execptiug sla very. With all due respect, the first proposition is perfectly absurd. It contradicts our entire his tory. It nulifies the most essential provisions of the organic acts of all our Territories. It blots out the legislative department in all our territorial trovernments. It leaves the people of the Territories without any law, or the pow er of making any, for the protection of life, lib erty, or property, or of any valuable right or privilege pertaining to either; aud deprives the country, ly the necessity ot the case, to accept the l'hiladclphia republican platform of lS'AS, "that Congress possesses sovereign power over the Territories of the United States for their government." 1 he second proposition, however, is in liar- . mony with the genius ot our enure political system. It rests upon the fundamental pnnci- ple ot local seit-government as laid down ny the Continental Congress iu 1774, aud ratified by the people of each of the thirteen colonies iu their several provincial legislatures as the basis upon which the revolutionary stniggle was conducted. It preserves the ideas and principles of the revolution as affirmed iu the Jeffersonian plan of government for the Territories in 1784, and continued bv the Constitution of the United States in 1787. . It conforms to the letter and spirit of the compromise measures of 1850, and of the Kansas-Nebraska act of 1834, and of ail our terri torial governments now in existence. - " It is founded, ' as Air. Knchanan said in his letter accepting the Presidential nomina tion, " on principles as ancient as free govern ment itself, and in accordance with them has simply declared that the people of a Territory, like those ot a State, snail oeciue rueuiseives whether slavery shall or shall not exist within be r limits." " hat a nappy conception. then, w as it for Congress to apply this simple rule that the will of the majority shall govern to the settlement of the question of oumes- tio slavery in the Territories!" (inaugural Address of President Buchanan.) Is Slavery a Federal or Local Institution f since the Attorney General persists in ins denial that the Territories can legislate for themselves upon the subject of slavery, there la no alternative left to him but the assumption that Congress possesses sovereign power over that question in the Territories as claimed by the republicans in their Philadelphia platform and by Mr. Buchanan in bis letter to Mr. San ford. Surely the power to legislate upon that and all other rightful subjects of legislation ex ists somewhere. Every "right of property, private relation, condition, or status, lawfully existing " in this country, must of necessity be u rigiuiui suiiject oi legislation uj some legisla tive body. Where does this sovereign power of legislation for the Territories reside ? It must be in one or two places either in Con gress or in the Territories. It can be now here else, and must exist somewhere. The Aboli tiniiists iueist that Congress possesses sovereign Miwer over the Territories for their govern ment, and, therefore, the North, having the mnjority, should prohibit slavery. The Dem ocrats contend that Congress has no rightful authority to legislate upon this or any other subject affecting the internal polity of the peo ple, and that " the legislative power of the Territories extends to all rightful subjects of legislation consistent with tlie Constitution." All iMiwers which are federal iu their nature are delegated to Congress. Tktjee which are municipal and domestic in their character are reserved to the States respectively, or to the people" "to tlie States" in respect to ail of their inhabitants, and " to the people " f the Territories prior to their admission as States. Io which e.ass or powers does the oucsmou of slavery belong ? Is it a federal or municipal institution ? If federal, it appertains to the federal government, and must be subject to the legislation of Lonsrress. If municipal, it be- I longs to tiie several States and Territories, a:d must be subject to their local legislation. 1 ho Constitntict? of the United State .'las settled this question. A slave is defined ;:i that in strument to be " a person held to service or la bor m one State, under the laics tnereof ; not under the laws of the United States ; nit by force of any federal authority ; but in one State under the laws thereof." so she fii'ritive slave law of 17U3, which was modified aud con tinued in force by CmigrcfS in I&jO as out of I the compromise measures of that year, recog nizes slavery as eristiner in the Territories un- j der the law thereof, as follows : " That when a person held to hdor in aur of tiro I'uited States, or in etiher of the 'J erritones on ike north, ires', or sonfh of the rirer Ohio, r.DER Tlte Ls THFKEur. bliull es Mini into aur other f said Kuu ee or Territories," & e. The Supreme Court of the Uiiited States have decided that ' the state of slavery is deemtd to be a mere municipal regulation, founded upon and limited to the range of the territorial laws." (16 Peters, 611.) Being ' a mere municipal regulation." the riz-lit to legislate in regard to it would seem to belong to that legislative body which is authorized to legislate upon all rightful suhji-cts of municipal legislation. Can Congress take cognizance of j a mere municipal regulation" in a Territory, which, in the language of the Supreme Court, is founded upon and limited to the rang,- of territorial laws.'" lhe ltepublicans, in their PbiladelpLi.i pluifdrui, say yes ! The Demo crats, in their Cincinnati platform, say not What srs Jodge Black "vriiT'Mr.- A iter- -ney General, does this sovereign power to leg islate upon the municipal regulation " of sla I very reside ? Is it iu Congress or in the Ter ritories 1 If in Congress, lias it not been del egated to the Territory in the organic act cn-d-r the general grant of " legislative power" over " all rightful subjects of legislation con sistent with the Constitution 1" If in the Ter ritory, has it not been recognized by Congress iu the same act ! Whichever be the source of the power, the conclusion is irresistible that the 1 emtoncs possess the full power, subject, of course, to the Constitution as in all other cases. If, how ever, slavery exists iu the Territories by virtue of the Constitution of the United States, as is contended, it is the imperative duty of Congress to provide for it adequate protection. i can respect the position of those who, so be lieving, demand federal legislation for the pro tection of a constitutional ri rlit ; but what are we to think of those who, while conceding lhe rigid, refuse to comply with a constitutional ob ligation from motives of political eipcdidcucy I There can Ik? no exception to the rule that a right guaranteed by the Constitution must be protected by law whenever legislation may be essential to its enjoyment. f Continued next week.) " Law as is Law." Could such an instance as the following related by the X. Y. Times, be found in any country of "law and order," the United States alone excepted? "We bare already mentioned the case of the poor Germain w ho was swindled by emigrant-runners, and, on making complaint, was imprisoned as a witness. 1 he villain who had robbed him was released on bail, and the witness was kept in confinement for some months, nntil he has be come insane, and, of course, his testimony is of no value." A School Girl's Composition. The fol lowing is an admirable "composition" for e school girl : The rose is the prettiest and most pcrfuma- ble of all the flowers. Altho' a little out of fashion, it is very nice, and O, so sweet. The rose has several languages, all speaking of love. It is so nice to converse with the flowers 1 do love it so much. The rose blows ri the early winds of June. The early wind of July blows the rose away. That is so sad ; so much like human life; the rose so like a beautiful maiden. and the rude wind so like the cold and unfeel ing world. It is not nice, but alas! so very sad ! EFAn Indiana sheep farmer says that a number of sheep wearing bells iu any flock, will keep away dogs. lie would allow ten bell sheep to "every hundred or hundred and fifty. When sheep are alarmed, they run to gether in a compact body, in which act all the bells are rung at once, which friirhteus the dog, or makes him think some one is on his track ; so he leaves without taking mutton. EF" Horace Greeley reached borne from Cal ifornia during the night of the 26th. and to ful fill a promise to deliver the agricultural address in Wyoming county on the 28th, " if be w alive," took the cars immediately on landing. -not even taking time to visit his family and met tlie appointment at the very hour. Tl. Ti-nn Ttai- State makes some iustlr and timely remarks upon " the chums on the press" showing the impositions, extortions. See., &c, that editors submit to, and very pro- nrw. thi npwssitv fi t rosistawtf, tA tlt j i unreasonable taxes levied upon us. ; ri" Senator Broderick was the son of a stone . jn in V-i .ill in t-ti Citv . . 1 VAtt nmnj fif his birth, and was ever lorward. in defense ot the rights of the laloring classes, from which, he sprang. tW One tree philosopher is worth a thousand linguists; the first has the treasure, the latter the keys. . EFIt may sound like a paradox,, yet the breaking of both wings of an army is a pretty sure way to make it llj -