The daily union., 1854-02-15
For the Union.
Territorial LegisIa tion

Ia communication last week examined the question
whether the principles proposed in MIR. Douglass bill to
organize the Territories of Nebraska and Kansas were
in accordance with those which government rests
for its basis. The principle referred to is imbodied in
this language That all questions pertaining 10 slavery
in the Territories, and in the States TO be formed
herefrom are to be left 10 the decision of the people re-
siding therein roHgh their appropriate Representatives.
Aside from the question of compact between parties
having adverse interests claimed for the Missouri Com.
PROMISE the conclusion that the proposition is
sound, and conoTmable to institutions Before how.
ever. such decision be had through their appropr-
representatives is before there is any form OF
inervenes between the uninhabited condition of the
place and the organization of territorial government
having the power decide such questions, and | will
add until such power s exercised-during this period
how such questions to be decided What is the
rule OF actonihe law OF the place In suggesting that
Congress must provide the law in this case, am sup
posed 10 be unsound but lei look into it little fur
ther SO long as section OF country has nationality
il has law by which claim the aid Of the
community in enforcing his dominion another his
slave. The normal condition would be freedom and not
slavery The district OF country comprised within the
boundaries of the proposed Territories constituted no
part OF the States Of the Union when our national exist
ence was established, nor when constitution was es-
tablshed. Assuming that slavery The States was recog
nsed by constitution, there is nothing in it which
can be construed that institution in any Terri
tory constituting part OF Sate much less in any Ter
ritory district OF country beyond its domain. It
quired act OF Congress TO the acquisition
OF Louisiana, II the country in question part Of
Louisiana, and such under laws recognising slavery,
then il follows that by act OF Congress the protection
OF laws The institution of slavery extended
that territory The acquisition might have been made
conditional, omng 10 recognise SO much OF the laws
OF the country protected the right OF to own
the services of another Ii scarcely be denied that the
acquisition with such condition would have as much
force, within the constitutions that of taking it with all
its laws in force. Certain conditions were, in fact
posed What those conditions were, should be,
a mere question OF policy and expediency. What
ever they were, might have been, the act
OF the general government Ii Is, therefore, unde
niable that slavery in Territory recognised,
and sanctioned and maintained, by virtue OF act
OF Copgressby the action of the government, of the
Uniled States. Ii seems to clear, and believe will
net be controvered, that if our Llws can be extended
over territory to sustain slavery, they likewise reg
ulate, limit, probib, IT, The whole doctrine of con-
gressiona legislation Territories is rather drawn
from necessity than from any direct power in the cons
tuition The ownership of the territory implies the right
of legal dominon-to exercise the functions OF gov
ernmcnt-al its Observation-Disclosures executive, and
judical-,he much as tie other 1t is absolute
necessity. and consequence OF jurisdiction and this
rig h must continue in the supreme authority of the
40 undp nnli af our insti tifuon lara
government can be established 10 enable the people OF
the Territory "lo decide for themselves-o regulate
their institutions in their own way" # then becomes
question OF expediency with The government. of the Uni
ted States 10 determine the question whether the terrific
ny 1t holds shall in respect this subject be under the
natural law as il exists in normal state OF society
which does not recognise slavery the other hand
whether the interests Of the psople in the location will
be better subseved by enaetmens which sustain and pro-
tect individuals in holding slaves. la this view II sp
pears to the Missouri-Compromise line adopted
Different opinions existed in the government upon this
question, and, compromise the district of country
was divided between them. To section slavery
offensive; they were unwilling to contribute to its legal
maintenance, or to live where il exists. To the
other il Of value, esteemed The value OF the
acquired territory 10 the depended its exclusion
to the other, on its recognition and sanction. Ii was
therefore, legitimate subject of compromise by di
vision. II two joint and insepaable owners OF farm
plantation should differ in its managementwhat the
desired the other disked-be idea OF allowing he
TO cultivate his svore crop part, and of exlu-
ding II from The other would be Immediately suggested,
and Il they were wise, adopted. SO with respect TO tel
ritory which has government but that Of The nation
The South cannot with poprety, say it is our right, as
owners in common, to extend an institution offensive TO
the North over every part OF the property II the
South have pecuniary interest the side, the North
have an equal interest the other. maintain, there
fore that the proposition OF Mr. Douglas, under consid
eraon 10 be construed go back OF organized terrific
rial legislation, and, By repeating much of The Mis-
souri, act az applies to that condition OF territory, rein
state The Spanish and French laws, it will, in effect,
iabsh and protect the institution Of slavery in those
Territories Il will make thn, legal by act of Congress
which, By the natural law, not legal 1t is no mat
ter whether that be done by affirmative enactment or by
the repeal of existing law OF prohbllion leaving
prior in force which establishes the institution. II
the bill is liable TO this construction il goes beyond what
The principle upon which II purporis 10 rest carries it,
that OF the right of every location to determine its own
institutions.
The quesion remains whether the Missouri act is an
Of legislation subject like other laws, TO be changed
upon change of circumstances or policy or, on The