The miners' express. (Dubuque, Iowa) 1849-1854, 1854-09-13
THE NEBRASKA BILL.

Speaking on this subject, the Louisville
Journal, Henry Clay whg psper says:-
The measure was unnecessary TO give
strength to the rights Of the South. That is to
say, the right Of Southern man 10 migrate TO
a Territory unorganized was just a. ample be-
fore the passage of this law as il is now or ever
was. The right is founded on the law Of na>
tuIe, modified by the Constitution Constitu.
ton of the United States recognizes slavery
and proper in slaves; without such resogni-
ton, it would not have been adopted and could
not now be sustained. II also recognizes the
territory belonging to the United States as the
| common property Of all the people Of the
States. The right of emigration is also recos
nized and provided for, but there is no power
to Congress TO iegislate IN reference to the
property of individuals; this power was wisely
withheld from Congress and left with the peo-
pie Of the States and Territories. Congress
has no authority to say what property man
moving into Territory shall or shall not own
and carry with him Amy act of Congress
legslat,ng on this subject must be unconstituti.
onal, because the power is not conferred on
Congress by express words, neither is it neces-
sary To carry into effect any power which is ex.
pressly given. Congress has no right or power
to legislate property either into or out Of exis-
lance, and, the Constitution having recognized
slaves as property, Congress has no right to
legislate SO as TO restrain its use, even though
the act be dignifed by the appellalion Of a
compromise. 1t is an absurdity to maintain
that legislative body can compromise amongst
its members, for a virtual abfogation of the
essential portions Of the charter from which the
body derives It's own existance. The Missouri
compromise was simply an ingenious expedient
used by its authors to assuage the excitement
of our very excitable Northern brethren, but no
lawyer ever thought that it could legally be
enforced, and we all know in the instance OF
California that practically its provisions were
disre garded.
lis repeal was unnecessary, but its re -inact-
ment would be an absurdty. Why then will
the Wings OF the North press this unimportant
and mischievious measure now happily disposed
Of. Its re-enactment would not charge the
practical relations of the North and the South,
while its agitation will engender bad feelings
and discontent.
So much for the Missouri coy,promse-now
| let US examine the Nebraska bill.
| The principle on which this bill proceeds is
we Lelleve correct. 1t assumes that the peopl.
Of the territory possess the right to determine
the character of the political institutions they
shall adopt-limited only by the requisition Of
the Constitution that the form of government
shall be republican. If the right to form; and
model laws prescribing the rights Of persons
| ana properly does not belong TO the peoSe of
the territory, it has no exstance at all, because
i is not contended that Congress has this right.
1 The clause Of the Constitution giving to Con-
gr,s the "Power to dispose Of and make all
needtul rules and regulations respecting the ter.
ritory or other property belonging to the United
States does not confer Legislative power be-
yond the mere right of doman--the title to the
land itself Where legislative power was
intended 10 be conferred, as in the case of the
District ofColumbia, it was distinctly expressed
The ri lht Of the people of every community, to
form the government under which they are tQ
live is an inherent natural right
Again, it cannot be denied that New York
Ohio, or any other State has now an unaues
tioHable right to ahrogate their respective consti
tuition and introduce slavery. II a State, aIt,1
its admission, has this right, much more oe a,
least 10 the same extent has territory the riph
70 recognize slavey before it asks adm,ssior
into the Union.