The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-03-02
NO. 374.

lile ~ Territory but the People as political
u ig the People organized, who have this
~. and. on becoming State, by the author
80 e the United States, exercising authority
- the Territory, they may establish funda-
.,'o',tal law for all time to come"
These arc the opinions of Mr.. Davis now.
la i 2 member of the Administrations bold,
determined man, always consistent in his pro-
,I,vorv creed. The Administration sustains
,ba Nebraska Bill. Mr.. Davis is earnest in its
sor,Ort. IL IS fair to presume, that the Ad-
o,jnstration, Of which he is prominent MEM
her understands the Bill, and understands, too,
.h.t Il is in harmony with Southern opinion.
N,r let as sec what the Southern Press says.
Il, voice is concurrent with that Of Southern
Senators.
The Charleston Mercury thus rebnkes the
p ,.t,,, PoJ and its confederates, for the false
construction they put upon the Bill and the
Speech Of Mr.. 1eonglas;
THE Boston Pos, in commenting upon this
o.,tl.man's mir. Douglass) recent speech,
,nuch pleasure in finding, at 1t asserts, Its
r,rnr;tr doctrine of eaua,ter sovereignty, or the
~, &c the people of the Territory to leglslate
= 7snlutalv mon all local subjects, and thereby
g. exclude Slavery, fully maintained and vin-
T;eatad We cannot assent to any such con-
s.ruction of the speech, and of the bill which
Il .ustains, without irnputing duplicty to the
Crner and an unconstitutional character 20
,Ls latter. For If it is intended to be argued
Do paodr Douglas, that in creating Territorial
r wernn,ents invested with the usual powers,
,Leg can lesislate so as TO exclude and abolish
slavery. when the very law which organizes
them declares the Territories open to the immi-
grafton and settlement OF the Shareholder, we
must reject such proposition, as not only un-
constitutional but as containing upon its very
IA. e the mark OF treachery."
The next extract we submit is from the
South SIDE Dtmjcrat published at Petersburg,
I ,rzinia 1t is comment ON the amendment
introduced by Senator Chase, affirming the
power Of the People of Territory to prohibit
Slavery if they see fit. The Richmond En-
eqnr republishcs it, with the remark that
the ins;dious and miscellaneous character of
Mr.. Glasses movement il admirably exposed
in it. Let the editors Of the Ohio Statesman,
Ciereiand Pidindealer, New Hampshire Pa
inof, Boston Post, and other papers of the
class, read it, ponder it, and hang their heads
with shame, for the base fraud they are en-
gagged, willingly or unwittingly, in imposing
upon the Northern People.
"This proposition, Invested of its Abolition
paternity, comes to us dressed In q plausible
garb. But it is plausible only, and is at war
With the doctrine of non-intervention upon
which the bill before Congress rests. 1t is the
ridiculous vagary Of 'squatter sovereignty rec
ognised in its most intense essence. Look
1T it,
"The Constitution empowers Congress to
make all needful rules and regulations for the
Territories. In accordance with this power, q
bill is now before Congress for the organization
of Nebraska and Kansas--prescribing a chart
To regulate the action of their Territorial Gov
The powers of the Territorial Legis-
laturcs, from the nature Of the case, being
clearly and exclusively derivative, they can ex-
ercsc no power with which Congress has no
authority to invest them. The principle upon
which the theory Of Congressional non-inter-
yentiJn With Slavery in the Territories is sup
ported, is denial that Congress is clothed
with any power by the Constitution to inter-
ierc with their domestic institutions and that
such an intermeddling would not only be a
breach of that compact but alike violative of
the equality Of the States, by restricting some
of them from an enjoyment Of their institutions
in Territories, the common property of all.
This view Of the powers of Congress is main
tanned almost universally at the South, and by
4 large portion OF the States Rights Democra-
ey at the North.
The amendment of Senator Chase is plump
~ in the teeth of this doctrine. 1t asserts the
nnheard-Of proposition that Congress can con-
fer in its prescription of authority to Terri
torlal legislature a derivative power, which it
hal 10 primitive right to grant. 1t lays down
the novel theory that ali agent, possessing no
right himself can sub-let the authority which
he was forbidden by his contract from exer-
cising. The Legislatures in the Territories
pass laws in obedience, not to the chart of the
Constitution but powers prescribed by Con-
grcss, and nothing can be palmer than that the
iJrmer have nc right to do what is prohibited
10 the latter.
There is 70 analogy between the condition
q the Territory in pupilage and the Territory
which has fulfilled the requirements of the
Constitution and is prepared to enter the Union
as 4 State. In the latter case, the Territory is
N tl'e chrysalis 1t is regulating its internal
alAics with the expectation Of admission into
The t5uiedcracy az 4 sovereign co partner. 1t
enjoys TIE same conditional rights t. regulate
lis domestic institutions as a State. To intro
luce or abolish Slavery is an attribute of SOW
ereignty. The Federal Government is not SOW
rrcign, except in range of clearly defined
powers and incidents, of which authority to
legislAte on the subject Of Slavery is not one,
and clnsequently it has no right to vest in
Territorial legislation, organized under its su-
TeryisiOn, any such power.
when the Territory is ready to ask admis-
son, its people are clothed with inchOate SOW
erelguty, and by virtue Of it may prompt their
representatives IN convention to inhibit or es-
tablish Slavery. On applying for admittance,
CODgfess can refuse it Internationally, but has
no power to mako any other condition, saying
that 1t shall present republican form Of Gov
eminent When admitted, the irchoate SOW
ereignty of the Territory becomes perfected
aud the rights exercised by virtue of it are Civ
en- full force and effect When the application
is refused, the Territory is thrown back into
ldpilagc and the rights exercised by virtne Of
Ike incipient sovereignty rendered imperative
hhu WIN HE, DIS We unueT5Iduu III, Is tue true
constitutional theory respecting the Territories
1t Is the only one in our judgment, consistent
with that instrument and the equality of the
States.
" The proposition Of Senator Chase is the
Wiim1t Proviso, only in more insidious and
dangerous form. 1t comes habited in a change
Of costume, but it is by no means difficult tc
recognise under its folds the old enemy. South
em Senator's should meet it at oncen
Now, let tie People of the North watch the
of the Senate. That amendment
Of Mr.. Chase, affirming power in the Terrific
rial legislature, on the recognition of which
the Northern advocates of the Bill rely as {
justification of their support Gift will be voted
down 10y the Southern Senators and then
Northern confederates, in conformity to the