New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-05

% the feoPe tDereoi any power 70 exclude or ao0t-
len il until they shall come to establish State Gov.
ernmeat. This evidence we asked The Atlas to
show to its readers ss we had done the article to
which it was a reply; bat we expected it to refuse
this, and baven not been disappointed But although
The alias dare not let its readers see our side Of
the controversy, we are quite willing that our read
ers shall see what ii has to say; so We copy is new
article-as follows:
How does The TRIBUNE prove our statement tof
What Mr.. Buchanan's election has settled false
The reader will be astonished TO learn that II Is by
adopting and using the extreme Southern interpretS
ton of the Constitution that a> instrument carries
Slarry rih into the Territories and that there is
no Constitutional power TO prohibit Slavery there,
until the people act in the formation of Stats Con-
sttuop. The TRIBUsE's argument in reply to US
amounts simply to this or else it is an aosurdity.
Let US see.
"Omittipg TuK TRrRusEs reasons and illustrations,
occupying column, and for which we cannot afford
ROOM give ths conclusion to which 1t arrives in is
own language:
1.-THE Nebraska set intended to give, alphabetically Sos
.itony siie denying to Al he other people Territory
power shut out We understand every Territory TO DO
come practically one wheneisr any ..vhoaeT see. 1t to tai.
slaves th,her matter how unanimously the people may
having the requisite population sNd permission the late Ter
fhi. i. snr understanding Of waa, Mr. Buehan,ns cleo
ton has settled" far al hs. settled anything
THAT is The TRIBUNE holds, with 1'Ae Chariestoa
Mercury and with the Southern statesmen Of that
school, every Territory to be now legslya Slave
Territory, and that every Territory in fact be
made Slave Territory, whenever any STAKEHOLDER
sees fit to take slaves thher, and that ali this may
be done no matter how unanimously the people may
protest Now if this be done II is becsuse the
Constitution allows il TO be DONE In spite Of Congress
sona or Territorial legislation to the contrary For
III less the Constitution carries Slavery into the Terri
Il kntk fx,t,. T.pfxx md thA
people of the Territories the power to prohibit it. the
latter under the express terms of the Kansas organic
act are at liberty to establish or prohibit 1t in their dis
creton This is, of course, clear from the unmistakA.
BILE terms of the Kansas BILL which declares that is
The intent and meaning Of this act not 70 esislste
Slavery any Territory TO exclude thereom,
but leave the people thereof se o saS . s,
10 the Constitution of the United States
"Ths is a positive enactment, in language clear
sunlight that the Slavery question belongs to the people
of the Territories, to be controlled by them subject
only to the Constitution Of the United States IL the
Constitution guarantees and protects Slavery In the
Territories them of course, they cannot prohibit it
otherwise they The TRIBUNE by its position that
seyery Territory 10 now legally Slave Territory
to become practically one whenever any Shareholder
sees fit to take slaves hther, no matter how unani
'mously the people may protest OF course insists on
the theory that Slavery in the Territories is under the
protection of the Constitution and that there 10 no
power to prohibit 1t until the people of the Territory
come to form State Constitution. 1t insists upon this
lt5 argument Is SIMPLY dD6ufu, anu enufely
short of proving that under the Kansas act the people
Of Territory cannot prohibit Slavery.
"We confess we never expected to live to see THE
TRIBUNE stand by the side of Toombs, Stephens and
E ss n the s Of s
is, and we acquiesce IN the adage that wonders VIII
never cease.
"We admit that the question between The TRIB.
UNE and US turns upon this question Of constitutional
Interpretation. If The TRIBUNE and the Southern
statesmen of the Calhoun school right in their
stitutiona point then it follows that the people Of
Territory cannot prohibit Slavery until they act 10 the
formation of State Constitutions II they are wrong
they clearly can. The question is Of construction
and purely judicial in its character. We will not enter
upon its discussion now, but We congratulate our
Southern friends upon the unexpected accession Of
strength to their views In their advocacy Dy IhE
TRIBUNE.
"TBE TRIBUNE will not suppose us wanting in cour-
tesy because do not notice its column OF remarks
concerning amendments offered to the section in ques-
ton of the Kansas bill, and opinions which 1t cites In
favor of its constitutional views. The language OF the
act as adopted and not somebody proposedt to amend
it. Is of course what is to be interpreted and citing 10.
divdual opinions one way or the other they are not
this connection that its quotation from Southern pa
ger Of an anonymous account OF conversation with
Mr. Buchanan does not rise to the dignity Of argument,
and shows the straits to which 1t is driven to make
point.
"We think that with our own, and even The TRIs-
USR's readers the simple statement which We have
given of The TRIDUNEs theory and constitutional
views, will sufficiently prove that are right, and
hat it is wrong, in respect to what Mr.. B1chanans
election has settled"
Remarks by The Tribune.
/. The first reflection naturally suggested by the
above is the absurdity of talking of great question
having been settled by Mr.. Buchsnan's election,
when two radically hostile interpretations of the
platform on which the struggle was made are still
current. Of course, nothing is "settled" until
we know what was cOntended for.
9. The atlas trusts we shall not deem it "want-
ing in courtesy because it does not notice the evil
dence we adduced. Certainly not; and, il it had
only copied that evidence, We might not have deemed
it wanting in confidence in the goodness Of its case
3. The Atlas init mates that we have cited South
ern opinions as to the effect of the Nebraska bill aud
the rights under that bill of Slavery in the Terrific
ries. Now we cited the votes Of Messrs. Cass,
Douglas, and the majority of the Senate the con-
versations of Mr.. Buchanan, the speech Of Mr. j.
Clancy Jones, and the Cincinnati Platform, drafted
by Mr.. B. +. Hallett of Boston. Which Of these are
Southern authorities!
a. The atlas is astonished that The TRIBUNE
should agree with Messrs. Calhoun ToOmbs, Ste
phens, &c. in their Interpretation Of the Constitu-
tion Unhappiy, the practical question is not
What does the Constitution provided What
will the next Administration and the Supreme
Court hold that it provides -and on this question
we have every reason to presume that the opinions
we cited are such as the President and the Court
will uphold. If The atlas had copied our last arti-