The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-28

BIZ and tcith the aduiee and consent Of tho Senate.
Heman ]. Redfeld, collector of the customs for thu
dsiric, OF New York.
Nebraska.-Report Of Senator Douglas.
This report commends itself to the people OF the United
States, chiefly because of The importance given 10 thu
great question of slavery, which has been made sub
ject OF political controversy throughout the Union be
tween the advocates OF moral action and they who have
contended for the lawansss OF that institution and i'll
present expediency questions balanced in certain
TONS between such moral estimate, blended with more
or less of fanacism on sde and the other enter
tanning strong OF justice to its protection
species OF property which is thought TO be adapted to
the region or climate where il found 10 exist recog
Missed by the constitution at the time Of its adoption, but
the various opinions of il most difficult TO be rec
ognised in such manner as to permit either view OF The
subject be prominently grated into the constitution OF
any formed State, which can be entirely dismiss
ed from any arena OF public discussion. II has been
found rather TO be convenient of dslracng and
dividing party kiad OF stalking horse to the pur-
poses Of fac,ous leaders, and thus have become
subtle in its operations.
By their report il will be presented 10 the
country as 10 put The question in great degree, if
not altogether at rest provided the bill framed in
formy to it should be passed 1t trenches in no
ner on constitutional privilege, while it deers 10 that
sovereign right existing in the people OF The State
act laws for their government respecting slavery
therein. 1851
The great principle which has been commended for is,
that slavery is forever prohibited by the Missouri Com.
promise act of 1920 and that such prohibition canno.
now be altered and ii is quiet the vexed discussion
OF this matter il has reference 10 the act establishing
Nebraska Territory that a modification of the bill has
been attempted 1t should be regarded compro-
mise, rather carrying out the principle and spirit OF
the Compromise of 1880, between incres, and feeling
between right OF properly and right OF conscencewhich
can never otherwise be but by placing the
power of legislation al lis rghliu This view OF
the question would appear TO be consistent with the
spirit Of the constitution, with it's appropriateness TO
new Territory and the future welfare of the whole
try.
The right OF Congress Ito dispose OF, and make all
needfu rules and regulations respecting. the territory.
OF other property belonging to the United States" de-
rived from the constitution, is necessarily term OF lmi-
alion in lis phrsseology, giving but temporary power,
which is dissolved The Territory is formed
into State, which in is sovtresn with in
ves,mcnt OF power TO make its own laws, as soon u
becomes member OF the Union, the word State being
recognised BY decisions OF federal Supreme Court
as having peculiar and distinctive meaning which
cludes The enlarged Specification given 10 BY writers
the law Of nations (Hepburn Ezey, Crancb, 422.
I, cannot therefore, be conceived with any proprey thai
il intended iha, Congress should legislae for all time 10
come because by the eight section OF The Missouri Com.
promise was declared tina, beyond the limits assigned
in ii slavery aud involuntary serv,ude should be
claded forever" This legislation Tor luurly hardly
be assumed from the Interpretation Of the last word in
the sentence which, however nde,erminae in its usual
meaning its legal accepaton. when applied proper
iy as in this instance to territory is limited 10 GER
tain period; nor is i, TO be conceded that any form
Of words can perpe,uae. State system OF any
kind that is not nperatively required be imposed on
all The States Of the Union.
The circumstances which gave rise TO our constitution
should promp, us approach II oracle and we are
presume tina, there can be any subject whatever
much less with regard TO legislation, that has been
left to be acted without clear and explicit, direction
or that contains any word wlhou, its import From the
plain language therefore, OF that clause "ihe right to
make needful rules and regulations respecting the terri.
tory other property belonging The United Stats" the
moment il becomes State with the distinctive mean.
ing given that word. in conuadislnction to ter.
rlioryr-an independent State, longer belonging ia
ne United Sa'ss, but as member Of the Unionhe law.
giving character of Congress longer exists and
quenly cannot make law be OF any force when its
authority thereafter shall cease
It's not necessary make forced construction OF The
ast clause OF the paragraph that nothing shall be so
slrued TO prejudice any claims" of any particular
State assuming that privilege for the State newly or
ganzed from Territory. We take higher ground
The right of territorial State to legsaie free from any
previously -imposed restrictions, would appear evident
from the early history Of the States. and the settlement Of
those difficulties which took place at The time OF The con.
federation with respect to the boundaries Of some OF the
States, which claimed 10 have exclusive title to all The
lands within those boundaries, in opposition to sew
eal States which insisted upon the then Western Terri
tory being recognised the property Of the Union and
WE are told that the title to Territories OF The
first great division OF popular opinion in the United States
after the declaration Of independence, The Territories OF
several States extending indefinitely westward; and
when after pro,racted debate, New YORK; in 1881. sur
rendered part OF her Western Territory and other States
followed. upon the representation and assurance
Of Congress that the coded territory should be disposed