and constitutional defense of
popular sovereignty. The editors of _Harper's Magazine_ so far
departed from the traditions of that popular periodical as to publish
this long and tedious essay in the September number. Douglas probably
calculated that through this medium better than almost any other, he
would reach those readers to whom Lincoln made his most effective
appeal.[796]

The essay bore the title "The Dividing Line between Federal and Local
Authority," with the sub-caption, "Popular Sovereignty in the
Territories." In his interpretation of history, the author proved
himself rather a better advocate than historian. He had traversed much
the same ground in his speeches--and with far more vivacity and force.
Douglas searched the colonial records, and found--one is tempted to
say, to find--our fathers contending unremittingly for "the
inalienable right, when formed into political communities, to
exercise exclusive power of legislation in their local legislatures in
respect to all things affecting their internal polity--slavery not
excepted."[797]

Douglas took issue with the fundamental postulate of Lincoln's
syllogism--that a Territory is the mere creature of Congress and
cannot be clothed with powers not possessed by the creator. He denied
that such an inference could be drawn from that clause in the
Constitution which permits Congress to dispose of, and make all
needful rules for, the territory or other property belonging to the
United States. Names were deceptive. The word "territory" in this
connection was not used in a political, but in a geographical sense.
The power of Congress to organize governments for the Territories must
be inferred rather from the power to admit new States into the Union.
The Federal government possessed only expressly delegated powers; and
the absence of any explicit authority to interfere in local
territorial affairs must be held to inhibit any exercise of such
power. It was on these grounds that the Supreme Court had ruled that
Congress was not authorized by the Constitution to prohibit slavery in
the Territories.

It had been erroneously held by some, continued the essayist, that the
Court decided in the Dred Scott case that a territorial legislature
could not legislate in respect to slave property like other property.
He understood the Court to speak only of forbidden powers--powers
denied to Congress, to State legislatures and to territorial
legislatures alike. But if ever sl