Near the close of the copyright essay, the judge, I think, comes very near kicking his own fat into the fire. I did not think, when I commenced these remarks, that I would read that article, but I now believe I will:
"This exposition of the history of these measures shows conclusively that the authors of the Compromise measures of 1850 and of the Kansas-Nebraska Act of 1854, as well as the members of the Continental Congress of 1774., and the founders of our system of government subsequent to the Revolution, regarded the people of the Territories and Colonies as political communities which were entitled to a free and exclusive power of legislation in their provisional legislatures, where their representation could alone be preserved, in all cases of taxation and internal polity."
When the judge saw that putting in the word "slavery" would contradict his own history, he put in what he knew would pass synonymous with it, "internal polity." Whenever we find that in one of his speeches, the substitute is used in this manner; and I can tell you the reason. It would be too bald a contradiction to say slavery; but "internal polity" is a general phrase, which would pass in some quarters, and which he hopes will pass with the reading community for the same thing.
"This right pertains to the people collectively, as a law-abiding and peaceful community, and not in the isolated individuals who may wander upon the public domain in violation of the law. It can only be exercised where there are inhabitants sufficient to constitute a government, and capable of performing its various functions and duties,--a fact to be ascertained and determined by "who do you think? Judge Douglas says "by Congress!" "Whether the number shall be fixed at ten, fifteen or twenty thousand inhabitants, does not affect the principle."
Now, I have only a few comments to make. Popular sovereignty, by his own words, does not pertain to the few persons who wander upon the public domain in violation of law. We have his words for that. When it does pertain to them, is when they are sufficient to be formed into an organized political community, and he fixes the minimum for that at ten thousand, and the maximum at twenty thousand. Now, I would like to know what is to be done with the nine thousand? Are they all to be treated, until they are large enough to be organized into a political community, as wanderers upon the public land, in violation of law? And if so treated and driven out, at what point of time would there ever be ten thousand? If they were not driven out, but remained there as trespassers upon the public land in violation of the law, can they establish slavery there? No; the judge says popular sovereignty don't pertain to them then. Can they exclude it then? No; popular sovereignty don't pertain to them then. I would like to know, in the case covered by the essay, what condition the people of the Territory are in before they reach the number of ten thousand?
But the main point I wish to ask attention to is, that the question as to when they shall have reached a sufficient number to be formed into a regular organized community is to be decided "by Congress." Judge Douglas says so. Well, gentlemen, that is about all we want. No, that is all the Southerners want. That is what all those who are for slavery want. They do not want Congress to prohibit slavery from coming into the new Territories, and they do not want popular sovereignty to hinder it; and as Congress is to say when they are ready to be organized, all that the South has to do is to get Congress to hold off. Let Congress hold off until they are ready to be admitted as a State, and the South has all it wants in taking slavery into and planting it in all the Territories that we now have or hereafter may have. In a word, the whole thing, at a dash of the pen, is at last put in the power of Congress; for if they do not have this popular sovereignty until Congress organizes them, I ask if it at last does not come from Congress? If, at last, it amounts to anything at all, Congress gives it to them.