The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-08

willing to be judged, whenever and wherever the
portance 10 attract attention The thing can,
doubt not, be said by those OF you who have diff
fered from me, and there must leave the matter
We control each others opinions when arguments
fail TO convince and should not desire TO do 80 If we
could have from the beginning preferred the mode
Of dealing with the subject Of slavery Territories
adopted at NEARLY day by the founders Of the govern
ment and continued to recent period, and have uni
formy resisted departure from it. No in the
country have been sincerely opposed to the
repeal Of the Missouri Compromise was informed Of
under circumstances calculated to make an American
most sensitive in regard to all domestic from which
he thinks there apprehend danger 10 the per-
petuity OF political instituonsn foreign land
rounded by the subjects and advocates of despoc power
Deeply sensible Of its injustice and foreseeng the extent
to which the measure would reopen slavery agitation
approaching than myself did not hesitate condemn
the act. But the measure has beeu accomplished and
the question that presents itself TO those agreed with
me IN that condemnation is what Is the best step to be
next taKeu in the matter with reference simply to the
public INTEREST," The propositions brought into view by
the principal parties the approaching election consists
oflst. The restoration Of the Missouri Compromises I'd
The settlement OF questions relating to slavery in the Ter
rtories by the direct legislation OF Congress- 3D. The i'm
mediate admission OF Kansas free State under the
Topeka Constitution; and 4th The execution of the Ne
braska Kansas act, without regard to the latter
meGt
Upon each Of these propositions will say enough 10
possess you with my views in regard TO them.
1t is worthy OF remark that notwithstanding the
ing fitness OF the form OF redress embraced in TIE first
proposition there has not from the beginning been any
thing like unanmity in opinion the part of those
opposed to the repeal Missouri Compromise in favor
OF making its restoration principal issue in the contest
This has doubtless arisen in part from disrust of
cess founded the political condition of the Senate
length OF tire II must take to press the point with hope
Of its accomplishment and the weight of influence the
proposition But other considerations have
believe contributed TO this result The only Territories
LEFT for the Missouri Compromise to act upon il it were
restored those in Texas and in Kansas The resora
tie OF the compromise II effected might come in
for the conversion OF Texas Territory into State
States, but scarcely doubt that the Kansas
question will have been settled before that OF the
ton of the compromise with however much energy the
latter might be urge.
u tie res,orat on Of the old mode of settling such
questions will speak hereafter
Tie Convention which framed the Topeka constitution
convened without specific authority from Congress-
in desI tie ne vii Of the Territorial government. which
is recognized legitimate the federal Executive and
die not even profess 10 represent more than part OF the
people Of the Territory But the objections the admis
sion Of new state Into our couederacy organized under
suCi circumstances sought to be removed by the
grave charges that the legislative branch existing
Territorial government was not chosen by the people OF
the Territory, but " lawless and in some instances
armed intruders from Missouri. who uteriered in the
matter with design make the Territory slave state
against the wishes Of majority Of the people thereof
that redress Of this grievance through the instrument
tty OF the judiciary for gned impractical
bic and that the President and Territorial Governor ap
pointed by him desiring to promote the policy Of the Mis-
sour invaders refused e. extend TO the &C ua residents o
the Territory the protection respect the exercise Of
the right q suffrage, to which they were entitled under
do not think il necessary in the view have taken
q the subject 70 enter into discussion Of the truth Of
theee charges Congress doubtless pcssosscs the con-
situtona power % dispense with the preliminary steps
wllb have usually been required for tie admission Of
state into tie Union. But considerable WILL
! think, admit that assuming these charges 10
be tie well founded, Congress ought not TO
be asked 10 act III so summary q way and upon 50
grave matter except last and after every
a,temptto secure to the Territory peaceabe and
before has yet think arrived that condition,
ard this brings to the consideration OF the fourth
pocsiiioa viz: the carrying out Of the Nebraska Kan
sas act.
am free 10 confess that have for some time past re.
garded this act with more favor than DID when
first presented 70 my consideration the instrument by
which tie Missouri Compromise was oyerthrown. THIS
may have arisen from the fact that have felt myself
compelled . regard i as the only atainable mode by
which the cornty can hope 10 be relieved from the iu
and cemotszing effects OF slavery agitation; II
may have been produced by the great unanirlty with
which principles have been adopted in all parts OF the
country BY political party in which have been reared
and uion the maintenance Of which, in t wonted purity
conscient.ousy believe the future welfare OF the coun.
try All depend believe also that the people OF the free
states, when tie resentment Justly excited by the repeal
Of the Missouri ConpFom.se has subsidized, and more
especially when they shall have witnessed fair and
pcaCeabe execution Of the provisions Of that will gen
orally regard Il mode for the settlement Of slavery
qrc.t pns by which they will stand better chance 10
have their feelings and ornons upon the subject respected
less cN osed 10 and improper inll.
than has been the case With specific Congressional
legislation have not the leisure II deemed II neces.
saTy, assign the which have brought my mind
70 tbs conclusion. The points n regard q the measure
itself be stated IN few words. The authority or
Congress 10 transfer 20 the people Of the Territories all
the power possesses Under the constitution 10 egsate
for tie Territories has ~ far a. isnow, never been
questioned. II LIS been exercised from the
ment 81 tie government IN respect 10 all the proper
srhecs o! legislation from the highest 10 the lowest
NOT having copy OF the Nebraska Kansas act, take
ia Ig0ysUs IN regard q the authority Processes t.
confer from ". Buchaaans admirable letter 81 accept
where tie subject IL doubt not fairly presented
Ue IL describes llThs legislation i founded upon
lrLCips ancien, a. the goYernmcnt ITSELF, and, 10
with them has simply declared that the people
II Trrcry, Ike those o. state shall decide for them
selves whether slavery shl shah not exist wthin
Their limits. declaring Il 70 be the true .ntent and
mearius u tbs act lot T. egsate slavery into any Ter
rtory, toexcute therefrom but 70 leave the pco
pie thereof perfectly tree 10 form AID regulate their do
nestle institutions IN their way subject only 70 the
-t,iutou o. the United states'
From these terms Il too clear 10 Init o. dispute
cay that il was the intention % Congress 10 clohe ,ha
people Of the Territories with ample power exclude
slavery from within their respective limit, well while
they continued Territories AZ In making provision for ~
exclusion from the state when that tfanson shall take
psce. Tie only question that be raised upon the act
IN this regard must relate 70 the effect Of the gran-thi
. whether tie constitution authorizes Congress clolhe
the people of the Territories with power TO exclude
slavery therefron while they remain Territories have
not he slightest doubt q The power q Congress TO give
this authority 70 the people Of the Territories. But ~
think quite certain that II the objection raised In behalf
Of the slave states in respect 70 legislation for the govern
ment OF the Territories Is well founded that objection
could be obyitcd either by the restoration OF the
Missouri compromise by the adoption Of the old
mode OF settling the question OF slavery In Territories by
the direct legislation OF Congress- Whether ihese ques
settled by the act OF the people Of the Terrific
Mrs by the direct legislation Of Congress by tho
restoration OF tho Missouri compromise 80 far that
would reach) the validity Of the settlement in each case
equal extent upon Of Congress and
upon The tvasf OF tnat tilS
COunc have been he II the Kansas Nebraska
had recognized Ia terms the subsection OF the powers
il inis nded 10 grant 10 the constitution.
Mr.. Buchanan in his letter Of acceptance pledges him
sef 70 the people, "should the nomination Of the Conven
ton b. ratified by the people that all the power and In
nuence constutionay possessed by the executive shall
be exered In firm but conciliatory spirit during the
single he shall remain Office 70 restore the
among the sister states which prevailed before
the apple Of d.cord In the form Of slavery agitation bad
been INTO their midst He knows that this pledge
be- redeemed In bu, way, and that by securing
10 the iona fde settlers u the Territory matters should
lie allowed W remain they stand the ful FREE
and practical enjoyment Of the rights intended 20 be
granted 10 them by the organic act including that Of free
suli age, and will understand better than he that
nothing short o. the substance OF those rights would
the purpose satisfy the excited and viglant
tiny OF those who will watch every step that taken In
the matter Doubts were al one time thrown out-Iknov
not from what quarer-in regard " the power of the
Executive 20 give this security but affairs In pro
kress show that these doubts they existed have
been dspecd The constitution makes "a the express duty