Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1856-07-04
g squatter sovereignty.n

time since in regard tosquatter sovereign
~. that we did not quite come up to this
expectations. lie says:
'Our conclusions as to 'squatter' or
Popular sovereignty under the Kansas
Nebraska act-whether it has been seen
or unseen is not maIerial-have been con-
trolled by the sixth section, and an ex
planatory clause which follows the repeal
Of the Missouri Compromise.
The first named reads thus:
"'And the Legislative power Of the
Territory shall extend to all righttul sub
jecGs of Legislation, consistent with the
Constitution of the United States and the
provisions of this act-6ut no law shall be
passed interfering with the primary dis
posal of the soil no tax shalt be imposed
upon the property of the United States !;
nor shall the lands or other property Of
non-residents be taxed higher than lands
or other property Of residents. 80
The second which is part Of the
14th section explanatory of the repeating
clause, is the following:
'' It being the true intent and mean
ing of this act, not to legislate slavery in.
to any territory or State, nor to exclude
it therefrom. but to leave the people thereof
perfectly free TO form and regulate their
domestic. institutions in their own way,
subject only to the Constitution of the
United States
In his previous article, he assumed the
position that under the Kansas act the
people of the territory had the right to
admit or exclude slavery from such terri.
tory. 10 they may choose, By territorial
legislation" and we thought, and still
think, that we conclusively showed him
that they could do no such thing. But
he now assumes somewhat different po-
sition, and to prove our good nature we
follow him through it, not doubling that
our endeayors will at last convince him
that he has been Slightly mistaken in his
premises. He now says that his econ
illusions as to 'squatter' or popular
sovereignty under the Kansas Nebraska
net, have been controlled by the sixth
section, and an, explanatory clause which
follows the repeal of the Missouri Com
promise This act as he says, says:
"Aud the Legislative power of the
territory shall extend to all rightfu1 sab,
jects Of Legislation, consistent NTH the Con.
sttution Of the United States and the pro,
Tisions Of this act"
The explanatory cause says that it is
not intended to legislate slavery into or
out of the territory. but to leave the poo
pie thereof. perfectly free to form and re-
gulate their own domestic institutions in,
their own way, subject only to tie Constitu-
zion of the United States.
We cheerfully accept the new position
Of our Deighbor, and confidently expect to
prove to him, that in any phase in which
he may view this bill, he cannot make it
sanction the doctrine of squatter sove-
reignty. He will acknowledge. we pres
sumo, that " the Constitution of the Uni
ted States" recognizes slavery as legal
institution, and slaves as property; and
with this acknowledgement, how he can
say that the people Of territory can leg
islate this property OUT of that territory.
under the Constitution of the United
States, any more than any other property,
it is impossible for us to tell. He certain
~ will not say that the prohibition of sla>
very in Kansas, by the territorial legislature,
would be "TiGAtfu! subject of Legisla-
ton, consistent with the Constitution of
the United States. and the provisions Of
this act," when the Constitution of the
United States guarantees the ownership
OF slaves, and ''this bilr' designates the
time when the territory is " admitted as
q STATE as the proper time to settle the
slavery question.
We have been somewhat surprised at
the temerity with which the assertion is
repeated that the Kansas Nebraska act
sanctions the doctrine Of squatter sove-
reignty, as that bill clearly contains no
such provision; but simply leaves all
subjects Of legislation "subject only TO
the Constitution Of the United States.
To assume that under this act, the
Legislature of Kansas has the power
to prohibit slavery in that territory. is as
suming the most, ultra ground ofthe most
ultra abolitionists-that Congress has
power to leglslate upeu the slavery ques-
ton, other than for its protection since
Congress and the Legislature of Kansas
territory, both, can only act under the
Constitution of the United States. II the
Territorial Legislature of Kansas has
power to prohibit slavery under the Com
stitution OF the, Omitted States, Congress