The Winchester appeal. [volume] (Winchester, Tenn.) 1856-1856, 1856-03-15
Kansas and Nebraska Act---lts
Construction.

lin both sections OF the Union upon the
proper construction of this act, we Will
give an extract of that portion Of it about
which there is such variety OF sentiment,
and by giving words their true signiilca
tons, try to arrive at the real grammat''
cal construction which the act allows,
which is as follows
"The Constitution and all the laws Of
the United States which are not locally
incompatible, shall have the same force
and effect within the said territory as
elsewhere within the United States, ex'
cept the eighth section Of the act prepare
tory to the admission Of Missouri into
the Union, approved March 9th, 1920,
which being inconsistent with the prlncI'
pIc of non intervention by Congress with
slavery in the States and territories as
recognized by the legislation Of 1850,
commonly called the compromise mems
urcs, is hereby declared imperative and
void, it being the true intent and mean.
Ing Of this act not to legislatc slavery IN.
to auy territory or State, nor to exclude
it thelelrom, but to leave the people
thereof perfectly free to firm and reS"'
laic their domestic institutions in their
own way subject only to the constitution
Of the United States"
1t is perfectly clear that the doctrine
of Wlmot Provisosm is emphatIcalIy
rcpudated, about which construction all
parties agree; but to our mind the whole
dispute arise upon the meaning ofthe word
'rom.' Those who construo the act to
license "Squatter Sovereignty" give the
same significance as belongs to the word
"croate" All persons will agree that the
institution of slavery was created long
ago in the United States, but is moulded
into different forms in the different States
where it exists by their local laws; that
il did exist in Kansas in fact as well as
by construction. Then the act onl y gives
the territory power to form and regulate
those institutions which already are in
existence. Now there is furthermore no
power given by the statute to destroy an
institution already in existence, and II
slavery was in any manner in existence
there the people have no right to remove
it, under tho territorial government
We are all familiar with the 'theoIos,
cal construction of the creation so far as
10 admit that after the earth was, it was
..wthout form and void, > until laws
were given TO chaotic matter which
brought it into the form of a globe
The laws Of gravity did not create the
earth but merely gave it form-Iormed it.
God created the earth but nature gave it
form, by nature VIC mean the laa0S oil
God Slavery was long ago created by |
the force of circumstances, but was lnsLl'
tu,ed Chat is erected into an institution
by the legal sanction Of the State and
recognized by the Constitution Of the
United States. Then as an institution it
existed everywhere but in the States which
annuled it.
Again, the territories are not sovereign
powers, but are the property of the
States, bought either by the blood or
treasure Of the people of the States, and
they alone have the right to delegate to
them sovereign authority, and that must
be done in the manner indicated by them
in their popular convention which framed
the Constitution Of our country. That
has not been done, it does not appear in
the Constitution, and this very act about
which we are speaking declares that it
has not the power to do thing how can
IL delegate that power which it does not
possess? II appsars then that the organic
act not only does not give the territory
the power, but that the power is not in
Congress to be delegated or granted to
the territory.
But to the construction Of the act
The democrats in this section Of the coun.
try since Mr.. Pearcc's special message
are trying 10 establish the construction
given by him in that message favorable
to squatter sovereignty. We say now
that is the only question in the whole
slavery issue about which there is any
important difference at this time. Mr..
Fillmore gave the legal effect and sanction
10 the Fugitive Slave law by his sigma
tuIe while he was President. He also
had ii put into execution. therefore his |
political enemies cannot doubt lie sound. |