The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-24


We take it for granted no unprejudiced per-
sen will deny that the administrations being in
favor Of the Nebraskl bill greatly weakened
the strength Of that measure W tn the country.
1t was introduced at q time when there was no
immediate necessity for such an issue, yet even
that fact would not have so much affected the
principle it enumerated as the manifest dis
honesty of the motives VII oh induced the Ca
binet to seize upon it, I'm Ter the impression it
wonld be popular hobby. Tie measure has
therefore, 10 fight under dluble disadvantage
for Will; it is at acked by the abolisionists
on the one hand, the enemies of the admins
tration batter away at it on the other.
The people Of the United States, no. matter
how prone they may appear o be carried away
by the excitement of the moment, are not only
eminently practical, but possess also in larger
degree than the people Of any other country
on the face o. he globe that element of
strength-common sense. The reason OF
more general here than in Europe, but,
there being no distinctions of rank, every
man feels that personal and individual interes.
in the government which induces close scru-
tiny Of passing events and warm contest in
shaping out the future. 1t might reasonably
be expected, therefore, that an issue so plain as
the right Of the people, in all parts OF the Union,
to make their own local 10 g. as well as the
curtailment of the powers of Congress, would
soon rally in its support an overwhelming ma
jority Of the right thinking citizens of all Sec
ions. We have no doubt such will be the ulti-
mate result, and we do not think such result
inconsistent with the opinion that the Nebras-
ka-Kansas bill may also be spurned by this
same majority as by no means filling the poi.
tion claimed by the advocates Of popular sove-
reignty, and the curtailment of the powers of
Congress to the limits laid down in the consti-
ution. The Nebraska bill, certainly, to an
extent, does recognise that principle, but
it is the mere commencement Of revo,u-
ton which will probably result in tota ly dih..-
ent legislation for the future as regards our
Territories; effectually taking from Congress the
excitement connected with tie slavery agita-
ton, and confinins the federal government
within The safe limits of the compact which re
suited in the union of the States.
There is no power given In the constitution
to Congress to es ablish territorial goverc
menis. The only authority found in that in
strument is simply the clause giving Congress
the right to regulate the sale of the public
lands Beyond this disposal of the soil, all tel
ritorial organizations are assumptions of power
on the part of the federal government; aad
wherever the power Of the Executive is limited
The people gain just SO much in the exercise of
their rights. To this extent, therefore. tn
Nebraska Kansas act is commendable. But it
is evident that if Congress sezes a DO yer not
itorial or colonial governments, that
il is hardly consistent, alter this assumption, to
seek 10 limit Congress in its extension Of that
power, by an appeal to the constitution. An
appeal 10 that tribunal wipes out not only the
Wilmot proviso but the Territorial govern
ment in toto, leaving the regulation of The sale
Of the public lands alone TO Congress. Whas
remains, then, Tor the people in what are
now the Territories? Popular sovereign
ty"-the right to govern themselves, and in
due time, If such should be their pleasure, apply
for admission into tie Union as States.
II may be urged that such result would
lead to great embarrassment; but even if it
should--and we see no reason Tor tit is less
dangerous than the underlined power row exer-
cised by Congress, and which finds no lrrant
in the constitution, either In letter OF spirit
1t is useless to attempt to set limits to the
slavery agitation by appeals to the COO
stitution, when it is violated in the first
instance by the formation of Territorial govern
ments at AL. The disease is deeper than any
medicine has yet reached. And il can only be
cured by strict adherence to the pc Ters con-
frred upon Congress, outstepping them in no
particulars. An appeal to the constitution to
show that there is DO power to pass the
Wilnot proviso, reveals the fact also, that ter
ritcrial organizations, unless by the people re-
siding there, are infringements of popular
sovereignty 1t must come to this 10 the
end. If Congress is to be coaGsed to its legitl
mate functions in the matter of slavery in the
Territories, it must also cease TO usuro poser
in any respect there. Territorial govern nents
mist be done away witb--the federal officers
sent there discharged, and the people tru.ei
with their own affairs, unfettered by dicta-
ton from Washington. The present incon
gruous system beigg abandoned, the agiia.
ton Of slavery viii G ase IN onr federal nails,
and ianaticsm instead Of fading an escape in
'ur national DEBATES, 9ill be c0ohoel 10 strong
liu1od xrou,n,, ord tunatis ass lima