The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1854-05-03
s~PEEoHoFHoN. GEO BLISS.
Concluded from first pugs.A

government to full citizens Of the United
States, Without inquiring further into the
provisions Of this bill, enough has been
said 10 show that those who approve of il,
on the ground tina, Il increases popular
rights. are greatly deceived.
An argument for the bill, more dignifed,
but equally fallacious, is drawn from con
siifutidnal considerations. II is that the
Missouri prohibition ought to be repealed,
because Congress had no constitutional
power 10 enact il. II 10 true that Con.
gress derives no express power from the
Constitution to lcgislate for a Territory al
NIL. But that power was assumed long
ago. as q matter Of necessity, arising IRON
tie fact that territory had been acquired
with just as little constitutional authority
The assumed right to acquire territory, and
10 erect government over il, has become so
firmly established by numerous precedeuls,
that no one now thinks of calling il in
question. But, as | do not intend 10 con.
slider this branch of The scbjeci any fuiih,
er than il properly applies TO The present
discussion, we will, if you please, let slave.
~ in a Territory be individualized, as q
sn'ject upon which Congress has no pow.
er 10 legislate. Who then can l~egisla,e
npcn IL How can ii be made the sub.
i'cl ef legislation al all! Tie Territorial
Legislature derives all its powers from
Congress, and Congress cannot delegate a
power which i. does not possess. The
tn woidable result is. lla, until the Terri.
inry becomes a Stale, clothed with com
pIeie sovereignty, no such legislation car
lie had. Now, as slavery is opposed ID
natural law aud right, and exists only b,
municipal law, in ~derogaiion Of the law o
nature, it frilDwsihat there can be 10 slave
~ IN a Territory, as there can be no law
there to create it. If it be urged that Con
gress has power 10 establish slavery in a
Territory, but hone to prohibit il, ilt
proposition - loo absurd 10 deserve a re
ply.
Ii The people Of the Territories posses
snvtrtignly Of themselves, and have a RICH
to make laws, and exercise the function
Of ci'll government, independently of tn
General Government, then Congress ha
II" right to impose a government upo,
them with limitations and restrictions @
ihst sovereignty. In thai case they ma
81 mp a nationality for themselves. Thi
doririne might cost the nation It's territories
ltdOes mol comport with reason. Ii is lh
new doctrine Of ~"squalier sovereignty,
Imagined 10 be carried just far enough I
ra1ble the people Of IA Territory To max
law which Congress could no, make 70
them. DO net suppose that its advocate
intend 10 carry it so far; but they shout,
do so 10 make 1t avail them IN this case
because, if il is to stop short Of that, the
the powers Of the Territories are confessed
~ derivative and subordinate. and the con
clusion before arrived al must stard.
II is manifest that this view involves III,
whole practical question; for i. is durin!
the settlement of a Territory that The habit
and modes Of life Of the people are form
ell, and the character of the coming State
as slayeholding or non slavehClding, is de
lerniued. No one has seen such a phe
nomenon as the formation of a slave STAT
in The midst Of an entirely free popula
lion.
Whoever assumes a legal position shout
submit 10 all the consequences which logi
caIly result from it, and, il he believes i
correct, stand by il, al leas, until he ha,
lrought it TO ,heStest of a trial. But thi,
doctrine would be fatal 10 the Nebraska
i'll Tor therein is an attempt 10 exercise
he very power which is denied 10 Con
giess-an attempt 10 empower the Terri,
IOrial Legislatures 10 make laws upon the
subject OF slavery-tO establish or prthib.
hit. | quote from The famous clause il
the fourteenth section, so much as is ncces
ssry to make this appear:
at being the true intent and meaning o
this act moi TO legislaie slavery into any
Territory or State, nor tn exclude il there.
from, hut to leave the people thereof per
freely free 10 form and regulate their do
nestle institutions in their own way. sub
jrc' only to The Constitution of the United
States"
bio That is TO say. the intent and meaning
Is. TO permit the Territorial Legislatures .
Nebraska aud Kansas 10 create slavery b,
law or not, as they may see dt. 'rh,
phrase domestic institutions does no
mean the government under which the,
are to live. They cannot "rtgulate" TIA
for Congress, by way Of non Intervention
regulates it for them, 1t is not claimed
that marriage, or any other social relation
is to be thus regulated. II is intended tt
Apply only to the institution of slavery
Non.in,ervenIion, then, may be de6net
again to be creating by law a local powel
20 establish Slavery power which cnull
not exist without a grant hereof ~ Con
gress. II is wonderful that gentlemen VIII,
Q hold that Congress has no power 10 legis
late upon that subject ina Territory shoul,
for a moment believe in the validity o
such a pretended grant. | venture to sa,
that there never was before. in all The his
Tory OF legislation, a proposition urged BY
men ofhigh talent upoagrosnds as irralion
al and untrue as those upon which hi.
bill is placed. BY an entire ~misapplica
lion Of descriptive terms, i, is made Il
claim a character which it does not po.
nsa. as' well as the sanction Of principle
which it grossly viohles..
The doctrine that Congress could NJ
sonsiiiuionally l%egislale upon slavery i
us Tenitories, carried oul To its legilimal
g MS sequences. as / have endeavored 10 c,
hibii them. was acquIesced M BY the gre
soaaa of The -suonorIprs ol Geaeral n,as