The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-03-02
VOL. VIII.


Non-Intervention which the Bill sanctions al
provides for, is Non-Intervention by Congra,.
or the Territorial Legislature against Slaya,v
Last Saturday, we exposed the double.de.l
ing of the So called Democratic politicians q
the North and South on this pOint-the Nor,b
ern section proclaiming that, by the terms 8
the Bill, the People of Territory, throu,,
their Legislature, would have the right 10 :,
clude Slavery; the Southern section insistip,
that the Bill does not, and cannot, give am
such power to the Legislature As Mr.. Don,
las has intimated his purpose to press theme.
ure to a final vote next Wednesday, we a,.i,
solicit attention to this matter. There is ION,
even among thieves: do these Northern ad
Southern Slavery confederatcs intend to eLA,
each other Is there no honor in the SENT,
of the United States? MessSs. Butler. Brow,
and other Southern Senator'S support tie BIN
on the ground that it opens the Territory
Nebraska to Slavery, and gives no power Ia
the Territorial Legislature to exclude it ,,
legisate against it; so-called Northern Dam.
cratic Senators support it, on the ground tia,
although it leaves the Territory unprotected 10
Congressional enactment against Slavery !,
secures to the Territorial Legislature power n
exclude it. The former view is industrnoo.lv
disseminated at the South, the latter at the
North. And the Senator's who propose Ia mas.
this two-faced, double-tongued measure. are nh
honorable men! They know that, were they
to adopt an amendment determining the
phraseology of the Bill So that it should hon.
estly mean but one thing-either that the Ter.
ritOrial Legislature would have power to ey.
clude Slavery, or would have no such power
the Bill could not 60 through the Senate. AZ
firm the existence of the power, and the South
ern Senators would vote against the BIZ DENY
it's existence, and Northern Senators would NJ,
dare support it. And yet, with their eyes wide
open to this fact Senators, being of course all
honorable men, intend to force this Janus faced
measure through Congress!
What do the People think of this exhibition
of Legislative honor and fair dealing We in.
tend that they shall have light upon this sub
ject They shall see the fraud, if they cannot
prevent it.
"Power to regulate their domestic institr
tons, subject 10 The Constitution of the United
States ~ This is the fraud. The Constit.
ton of the United States carries Slavery into
United States Territory, and Territorial egs.
lation against it is unconstitutional. This is
the Southern doctrine IL was asserted few
days since, by Messrs. Brown and Hunter /.
is asserted by the Southern press. 1t was as.
serted in 1913 and 1850 by Southern states.
men throughout the controversies Of those
years In 1S4S, Mr.. Calhoun Indignantly
secuted the idea that the People Of Oregon
had the right to prohibit Slavery and he
argued that the sovereignty of the Territories,
prior to the organization of regular State
Government, resides in the People of the sew
eral and respective States Of the Confederacy7
In his famous speech, made March 4th, 1850
he said:
" In claiming the right for the inhabitants,
instead Of Congress, to cgislate for the Terrific
ries the Executive PrOviso assumes that the
sovereignty over the Territories is vested in the
former; or, to express it in language used in
n resolution offered by one Of the Senators
from Texas, General Houston,l have the
same inherent right Of self government as the
People in the States TIE Assumption IS a.
terty unfounded unconstitutional, w,thOu e.
ample, and contrary 10 the entire practice Of The
Government, from as commence ment 10 The
present time, as 1 shall proceed TO shO,O.'
MIR. Westcott, of Florida, following on the
same side, said:
"The people Of Territory" said Mr. West
colt, of Florida, in most elaborate argument
on this question, "by which mean those rec
ognised as citizens of the United States, residing
in such Territory, cannot exercise any OF the
sovereign powers that pertain to u sovereign
and independent State, except such as are ab
solutely necessary to the preservation Of the
peace and good order Of society" "Unhl they
form and organize their sovereign State Gov
eminent, their rights of sovereignty are dor
mant and in allegiance" eyes, sir, this thing
you create and call Territorial Government
is mere temporary, fugaciOus, local police
msttution--a limited, dependent municipal
COZ pOratiOp, similar to those existing in ctun-
ties, cities, parishes, towns, or bOrOughs, lncOT
pOratcd by our State Legislatures The III.
stitutiCn of domestic servitHde is a phttd
institution; it is not mere mmlcipd! regula-
tom
Such was the doctrine Of Col JEFFERSON
DAVIS, now member OF the present Admins
tratiOn and committed to the support OF the
Bill before the Senate He repudiates the eS-
istence Of popular sovereignty in the People
Of Territory and denied their right to lcg'-
late for the exclusion of Slavery. This is a
matter of record. In 1850, the following por-
ton of the 10Th section Of the Bill being under
consideration
"That the Legislative power of said Territory
shall extend to all iightful subjects Of leglsla.
ton consistently with the Constitution If the
United States and the provisions of this act;
but no law shall be passed interfering with the
primary disposal of the soil, or to introduce OF
exclude African Slavery
Col. Davis moved the ProvisO,
"That nothing herein contained shall he
construed so as to prevent said Territorial
Legislature from passing such laws as may te
necessary for the protection of the rig o.
property Of every kind which may have been
or may be hereafter; eontormably to the Con
stitution of the United States, held in or intro
duced into said Terr'tory."
The meaning of the Proviso was this. 1t
was contended by Northern Senators, and ~ !
Messrs Clay and Benton, that the Mexican |
law, prohibiting Slavery, continued in force u
the Territories Under such circumstances
was proposed 10 exclude oil action pro or co.
on the subject, by the Territorial Legislature
Mr.. Douglas was in favor Of that course. Nj
Davis seemed willing to assent TO this, but Only
on condition of the adoption of q ProvisO, that
by recognising the existence of Slavery in ih'
Territories, in virtue Of the Constitution of the
United States, would virtually supersede the
Mexican Laws, or affirm their invalidiiy II
{" The right of property of any kind {" held Of