The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-10
Tire Gr~nt Question OF Slavery In Congress
the KANSAS Controversy Bet D .wn Tor

Perhaps in the whole catalogue of bunders
not one more intriasicaliy ,nischevous aad in
eXcusable than that which has involved the
country ia the Kansas controversy. L. is a dis
pote arising wholly oat of the heltatog, tims-
serving, aud, iodeed, cowardiy aad im reciie
course Of Gen. Pierce and his mosaic Cabiuet
II is ia the spirit and temper OF the policy that
drew into coalition in the administration of
the government men of every shade of belief-
men who could fud uaity OF purpose, entire
and cordial agreement oply in one thing
enjoying the benefits of Office and in dstribnt-
pg the loaves and fishes to a hungry crowd Of
dependents as void OF principle as themselves.
The Legitimate fruits of snch administration
are seen in the division ofthe country into three
parties on the Kansas question-those who sus-
tain Whitfield, those who sustain Reeder, aud
those who deny the legality of the election OF
either and maintain that the act of Congress
organizing government in Kansas remains
executory, so far as the people OF Kansas were
called upon to put it into operation
1t matters not how this controversy happen
and after having excited large share of inte-
rest in the recent elections, it is set down for
discussion and determination in the coming
Congress. Gen. Whitfield and Gov. Reeder
will present their respective credentials to that
body, and claim a seat upon the floor of the
House-the former by virtue of the election
on the list ultimo, held in obedience to law
of the Territorial Legislature, and the latter
by virtue of purely democratic meetings on
the 9th of the same month. By these agencies
the great question of popular sovereignty will
come up for review; and it will involve the
whole matter Of American slavery, aud will be
likely to elicit q full expression of the views
Of the two extremes Of the Union.
Gen. Whitfield will undoubtedly be able to
make prma .facie case When Congress shall
inquire, according to the uniform rules OF that
body in cases of contested elections, for the
law under which he was returned, he will re
fer to the statutes of the Territorial Legisla-
ture, to the poll lists, and to his majority of
votes. AT precisely this point, Governor
Reeder will meet an insurmouatab|e
difficulty he will be able to refer to
no other law, as a basis Of his claim than the
skeleton act of Congress organizing govern
ment, or permissory Of such organization, in
Kansas; an act passed on the distinct principle
and avowal that Congress had no other coasti-
tutional power over the matter than such as
was imposed by necessity; and of coarse that
necessity extended no further than the general
authorization of the people of Kansas to or
ganize q local Territorial government, and to
exercise therein plenary Legislative functions.
Congress said to the people of Kansas, "Act
for yourselves-you, the bona tide settlers, are
alone entitled to be heard in the administration
Of your local AFFAIRS Now, Governor Rceder
alleges that there was an effort made to give
effect to this principle, but that it failed by
the illegal interventions Of MissouriaDs. II
this proves anything, it proves too much for his
purposes as a contestant for a tit proves
that there has been no legal organization OF
the Territorial Legislature at all, and Of course
that there has, therefore, been no legal cleo
ton In thus contesting Whitfold's claim, he
shuts himself out, and throws the whole case
back on the act of Congress, which remains, as
we have said, executory. Ia adopting the prin-
ciple of Enforcement, Congress did not in
tend to give sanction to anarchy, which it
would certainly do by declaring that the town
meetings returning Reeder were legal express
sions Of the popular will The position ofGov.
Reedcr is one of great difficulty; for if he I'M
dertakes to sustain the irregular proceedings
on the 9th of October Gen. Whitfield may use
his arguments with still greater effect to sus-
tain the election Of the 1st of October Be
sides that which wouhl be sufficient to defeat
Reeder might not be sufficient to defeat his OPP
ponent; but ii seems certain that the argu-
ments to sustain the former will better sustain
the latter.
The question is one of the highest practical
interest, and it is not unlikely that the
real friends Of the Kansas bill will take the
occasion thoroughly to sift the whole proceed
ings in that Territory; and If they find that the
people have not been permitted to express their
real and unbiased judgment in obedience to
the guarantees OF the net Of Congress, they will
insist upon securing to them that privilege
Those who have seized apon the partzan
brawls upon that frontier. to bring into dsre-
pute the principles OF self government, or TO
subserve the ends Of faction, here or there, viii
be met by the unanswerabie argument that the
whole matter was referred by Congress to the
people Of Kansas; and that they are the sole
arbiterr, uninfuenced by intervention from any
source.
What position the abolitionists will take in
the controversy it is not easy to see If they
sustain Reeder-who comes without sign Of
regularity, under no law, with no certificate
OF eiection-protesting against the legality Of
the legislative organization and against the
election Of the first Of October-how can
they afterwards oppose absolute popular
rights? Governor Reeder is the representa-
tive Of those rights, in their crudest express
sifNl.-.Ly iainin1r him H. IL.