Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-02-27

constitutional but as containing upon its very
face the mark Of treachery"
The next extract we submit is from the
South Side Democrat published at Petersburg,
Virginia II il q comment on the amendment
introduced by Senator Chase, affirming the
power Of the People of Territory to prohibit
Slavery if they see fit. The Richmond En-
qtirer republishes it, with the remark that
athe insidous and mischievous character OF
Mr.. Chase's movement is admirably exposed
in it. Let the editors Of the Ohio Statesman,
Cleveland PlaindealeY, Nep Hampshire Pa
triot, Boston Post, and other papers of the
class, read it. ponder it, and hang their heads
with shame, for the base fraud they are en-
gagged, Willingly or unwittingly, in imposing
upon the Northern People
aThis proposition, Invested of its Abolition
paternity, comes to us dressed in a plausible
garb But it is plausible only, and is at war
with The doctrine of non-intcrvention upon
which the bill before Congress rests. II is the
ridiculous vagary of squatter sovereignty rec
ognised in its most intense essence. Look
at IT,
aThe Constitution empowers Congress to
make all needful rules and regulations for the
Territories In accordance with this power, .
bill is now before Congress for the organization
Of Nehaska and Kansas prescribing chart
To regulate the action of their Territorial Gov
9rnmehfs. Pine powers of tho Territorial Legis-
latures, from the nature Of the case, being
clearly and exclusively derivative, they can ex-
erciso no power with which Congress has no
authority to invest them. The principle upon
which the theory Of Congressional non-inter-
vention with Slavery in the Territories is sup
ported, is denial that Congress is clothed
with any power by the Constitution to inter-
fere with their domestic institutions, and that
such an intermeddling would not only be q
breach of that compact but alike violative of
the equality Of the States, by restricting some
Of them from an enjoyment of their institutions
in Territories, the common property of all.
This view Of the powers Of Congress is main
tanned almost universally at the South, and by
q large portion Of the States Rights Democra-
cy at the North.
"The amendment of Senator Chase is plump
Iy in the teeth Of this doctrine. It asserts the
unheard-of proposition that Congress can con-
fer in its prescription of authority to Terri
torial Legislature deriyative power, which it
had no primitive right to grant 1t lays down
the novel theory that an agent, possessing no
right himself, can sub-let the authority which
he was forbidden by his contract from exer-
cising. The Legislatures in the Territories
pass laws in obedience, not to the chart of the
Constitution, but powers prescribed by Con-
gress and nothing can be palmer than that the
former have no right to do what is prohibited
to the latter
aThere is no analogy between the condition
of the Territory in pupilage and the Territory
which has fulfilled the requirements of the
Constitution, and is prepared to enter the Union
as State In the latter case, the Territory is
in the chrysals 1t is regulating its internal
affairs with the expectation Of admission into
the Confederacy al sovereign co-partner. IL
enjoys the same conditional rights to regulate
its domestic institutions as State. To intro
duce or abolish Slavery is an attribute of SOW
ereignty. The Federal Government is not sov-
ereign, except in a range Of clearly defined
powers and incidents, of which authority to
legislate on the subject of Slavery is not one,
and consequently it has no right to vest in
Territorial legislation, organized under its su-
pervision, any such power.
aWhen the Territory is ready to ask admis-
sion, its people are clothed with inchoate SOW
ereignty, and by virtue Of it may prompt their
representatives in convention to inhibit or es-
tablish Slavery. On applying for admittance,
Congress can refuse il Internationally, but has
no power to mako any other condition, saying
that il shall present republican form Of Gov
eminent. When admitted, the inchoate SOW
ereignty Of the Territory becomes perfected,
and the rights exercised by virtue of il are CIV
On full force and effect When the application
is refused, the Territory is thrown back into
pupilage, and the rights exercised by virtue of
like incipient sovereignty rendered imperative
and void This, as we understand it is the true
constitutional theory respecting the Territories.
1t is the only one, in our judgment, consistent
with that instrument and the equality Of the
States
"The proposition Of Senator Chase is the
Wilmot Proviso only in q more insidious and
dangerous form. 1t comes hsbited in change
of costume, but it is by no means difficult to
recognise under its folds the old enemy. South
ern Senators should meet it at once"
Now, let the People Of the North watch the
proceedings Of the Senate. That amendment
of Mr.. Chase, affirming power in the Terrific
rial Legislature, on the recognition Of which
the Northern advocates Of the Bill rely as q
justification Of their support off win be voted
down by the Southern Senators and their
Northern confederates, in conformity to the
views and policy Of the foregoing extract.