The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-27
THE SOUTHERN VIEW OF sQUAMER s0vER-



The most strenuous efforts have been made TO excite
southern opposition the Nebraska h by representing
that clause in which the people Of the Ter
rtory the right to regulate their domestic institutions in
their own way recognition Of the principle Of squat
ter sovereignty against which much said at the South
in the presidential of 1913 In the speech delivered
by Mr. Philips Of Alabama few days since in the House
of Representatives find so complete and triumphant
answer to this objection that we lay il before readers
In anticipation Of the publication of the entire speech
which will appear in our columns in few days. Mr.
Philips said
'tAnother objection Mr. Chairman that has been urged
against the bill by gentlemen from the South is that trecog
Misses what is termed squaer soveregnty the provision
being that the true intent and meaning Of this act not to
egsate slavery into Territory State, exclude ii
herefom, but 10 leave the people thereof free and
regulate their domestic institutions in their way sa
only to the Constitution Of the United States
Snow, IL is admitted that difference of opinion exists be-
tween the different sections Of the confederacy the pc
od when the right Of the people of the Territory upon
the subject of the admission exclusion Of slavery arises On
the hand ii is said that this right exists the
territorial organization takes pacsi the other it is main
tanned that il is in allegiance until the people proceed
tabsh State government. 5H
Now SIR the South has contended that under the
tuition, Congress could not prohibit the introduction of cit
of the States with their slave property the Terrific
ries. II Congress cannot confer power which it does
not itself possess and the constitutional restriction
would restrain the territorial legislature.
Wherever territory extends constitution follows
and controls IT, denial Of this involves the difficulty
which Mr. Webster fell in the celebrated cooquy with Mr.
Calhoun in the Senate in February s49 for while he de-
MED that the constitution extended the Territories
rgore he conended that the power govern the Terri
tories was granted in the constitution in many words
But whatever be the merits of that controversy
not necessary to determine the bill before the
constitutions erpressy the Territories by leaving the
people thereof perfectly free to form and regulate their do
nestle institutions in their way subject only
tuition ofths United States.
Under those provisions Of the constitution comforting
and treaty making power believe that territory may
be acquired The right to govern it is incident provided
for in the clause authorizing all laws and
for carrying into execution the foregoing and all other
vested by this constitution in the of the
United States, or in any department or officer thereof
When the Territory Of Louisiana purchased, the
preary interest in the soil vested in the people of the
States who the parties to the federal compact The
eregny the soil vested in the hands This is
evident if the had taken place under the a
cles Of confederation.
The legal right dispose of the soil govern the
Territory is vested in Congress. The right is exclusive,
but not absolute unlimited Congress- being the agent
trustee for the good and benefit of the people of the
several States pass either in the disposition the
soil in the government of the Territory with
the rights of the benefciaes in the trust for it is principle
of the law of nations that all the members a community
have equal right to the of the property
this principle is less strongly secured in the constitution of
our Union.
The bill refers the question Of legislation the subject
of slavery to the people of the Territories One side
tains that such legislation would be authorized Until the
formation of State the other that would be
the territorial government is organized But
whether the the other be depends upon the
constitution. The bill expressly (hough de
clares that their legislation shall be subject the constitu
ton Of the United States And the difference existing
to the appropriate period of egatng this subject
left TO be decided by the judicial tribunals country
cordng constitutional right and the support of the bill
involves compounds concession w either side.