Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-05-02
RICHMOND ENQUIRER.
BY RITCHIES e. PRYOR.
MONDAY MORNING, MAY 1, 1854.

Observation-Disclosures SOVEREIGNTY.
n the course of the debate 10 the house ot Representa-
ves the Nebraska Kanz,s BILL deplorabe confusion OF
deas has been manifested in regard to the nature md effect
of the doctrine of Non .incrpenon. According the
exegess of certain commentators the design and effect Of
the Bill s 10 exclude the idea that Congress has the power
TO touch the relations of slavery In the territories in
other words establish the principle OF squatter sovereign
ty This ia certainly the Southern Interpretation OF the
Bill this the Southern construction Of the doctrine of
Nor. Intervention.
The definition of nou.neryenon given by MIR. Calhoun
80 far from nega,iviug directly srms the right my The
duty of Congress egisae upon slavery In the territories
In certain contingencies If for nsauce there be any i'm
pedimen, resulting from local law or municipal usage which
excludes slavery from territory and thus shuts the South
out from Its occupancy aud enjoyment It becomes the duty
Congress the obstacle and throw open the ter
ritory the equal participation Of all the States.
The doctrine OF territorial sovereignty 10 respect of slave.
ry is novelty and absurdy During The session oil the
very first Congress under the Federal Constitution, when
government provided for the territory South of the Ohio
river clause inserted TO the effect that the territorial
Legislature should law against The liberty Of emf
carry their slaves into the territory The next
year clause inserted &c the charter government OF
Tennessee prohibiting the territorial Legislature from pass
ing any law VENDING TO tho emancipation Of sare Sub.
torial government Of Mississippi Here have tho true
construction of the doctrine OF intervention The pow
er of Congress the territories is absolute with only
this mitatonhas Congress shall not administer the com.
mon property to the de,iment Of any one of The
Sa,es much less of any section 10 other words,
Congress power legsa,e agans! the interests oil
any State in the territories for instance, by excluding
the STAKEHOLDER from its occupancy by Missouri restriction
Congress has power protect slavery In the territories but
not to prescribe ramme IT, This s the Southern con
struction OF Hence, in 1884, when the
question The effect OF the Constitution on the
municipal laws of Mexico prohibiting slavery in Utah aud
New Mexico and difference OF opinion the subject pre-
vailed between the of the North and The Soulh
proposition made, think by the present dslin-
gushed Secretary of War that Congress should repeal the
local snti.savery law. And if it had been known that
the Supreme Court would determine that the paramount
operation of the Constitution does not suppress and super
sede the local law would hive been the imperative duty
of Congress 10 repeal nntislavery Of the
Mexican code.
What this Nebraska Bill ITSELF but an Intervention by
Congress restriction the free ngress and oc
cupaucy of slavery In the terrories7
The doctrine Of territorial sq1atIer sovereignty when
6rst promulgated In ambiguous phrase by General Cass ex
cited The vehement opposition of Southern statesmen and
10 fact the Of The defeat of that veteran asprant
for the Presidency In the Baltimore Convention Of 1852.
There was principle of the Compromise OF 1850 against
which Southern Tough, uni,edy and zsauusly as
ngans the doctrine of squatter sovereignty cs illustrated
aud established in the governmental organsl of Cali
forna And the South never give up this position aud
theory of territorial Sovereignty without a
abandonment Of Its traditional policy and surrender of ea-
sental principle.
The Cons uon simply recognizes the relation OF slavery
imposing upon Congress the aud the duty to protect
it, Thus although the Constitution expressly provides that
slaves escaping into free State shall be given up yet II
necessary 10 fugitive slave law. The SOUTH Is not
content with the barren principle in The Constitution but
demands of Congress adequate provision for s execu
ton Although tho Constitution recognizes and guarantees
slavery in the territories Congress must exert the power of
legislation to protect and defend It when necessary
The doctrine of squater sovereignty would legnize the
ooly institutions OF Utah. and would Impose upon
Congress the obligation recognize aud sanction them-a
rsductio ad absrdu which happily illustrates The iaacy
Of the principle.
If we understand the thing 10 supporting the Nebraska
bill I, s the design of Southern TO negative the idea
mat Congress may Impose restriction on slavery in the
time that they affirm the principle
that Congress may and inerpose 10 guarantee fair
chance and equal rights 10 The STAKEHOLDER In The territories
This Ia the construction which reconces the people OF the
South to the support OF the bill.